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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65358
Experience:  Over 5 years in practice.
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Good Evening, I was caugt doing 44mph whilst overtaking a hogger

Resolved Question:

Good Evening, I was caugt doing 44mph whilst overtaking a hogger in front of me, to my luck there was a police officer on those exact 5 secs of me overtaking. She said: in 28 days u will get a letter from us. The letter arrived today, 39 days after the limit she told me. Can I deny to accept it based on that??? Its a conditional offer, I do no have the option of a course cause I was over 42mph,, thanks in advance. If i can refuse to pay it, how do I proceed? btw I was driving the vehicle,, I was stopped and identified immediately as the driver.

Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I am sorry but there really isn't much point.

You were stopped at scene and given a verbal NIP. There is no requirement therefore to send out a postal NIP within 14 days.

The conditional offer would generally be sent within 28 days but the fact that they are late makes no difference. There is no statutory requirement to act within 28 days I'm afraid.

The fact that they are offering a fixed penalty for this might suggest that their case has problems as this would normally lead to 4-6 points and a fine. It is surprising they want to offer the fixed penalty but its a risk that you take if you are intent upon finding out.

If you want to go to court then you just refuse the fixed penalty and invite them to summons you. They may forget. They do sometimes. If they do then thats great.

However, they may summons you and if you are convicted of travelling at 44mph in a 30 mph zone then you will get more than 3 points I'm afraid.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65358
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Its a bit frustrating, they tell me I will get a letter in 28 days, it takes them 39... if I was at or under 42mph they would have given me the option of a awareness course, but I was at 44, so they can choose not to obey deadlines but I must obey the 42 to the letter. The guy driving at 10mph in front of me should be the one getting a ticket.. I guess thats all, I will just pay the fine and get the points,, thanks for your help, have a good night.

Expert:  Jo C. replied 1 year ago.
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Jo C.
Jo C.
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