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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 62914
Experience:  Over 5 years in practice.
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Resolved Question:

Hello,

I received a 'Conditional Offer of Fixed Penalty Notice' 4 months after the alleged speeding offence, without receiving any other documents previously. Do I have any rights to contest this? Do I respond with payment and my license and accept the penalty or is the Penalty Notice outside of the legal requirement window? I am currently on 9 points and agreeing to this would take me up to 12 points. I am more shocked and surprised to receive this letter many months after the event and unsure what action to take. I have 12 days left of the 28 days offered to reply with payment of £60 and 3 penalty points. Any advice would be much appreciated
Submitted: 6 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 6 months ago.
Hi

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

Were you stopped at the scene and spoken to ?
Customer: replied 6 months ago.

No I was not stopped at the scene, it was a speeding camera


 


If I attach a letter will my details be seen by others?


 


Terry

Customer: replied 6 months ago.

For Jo C

 

XXXXXX

Expert:  Jo C. replied 6 months ago.
Yes, its visible on the internet. There's no need though anyway. I know what a conditional penalty offer looks like.

Were you sent a NIP in the post within 14 days?
Customer: replied 6 months ago.

For Jo C


 


Apologies for sending - if there is a way you can remove my image that will be appreciated.


 


I was not sent any other correspondence regarding this matter, although this year I have managed to trigger the speed cameras on 3 separate occasions which has taken me up to 9 and completed a speed awareness course.


 


All of this within the past 9 months, after driving for 25 years without a single conviction,


 


I have not moved address within the past year and have not changed vehicle


 


 

Expert:  Jo C. replied 6 months ago.
Yes, its not problem. We can sort that out at our end.

Are you the registered keeper of the car?
Customer: replied 6 months ago.

For Jo C


 


Yes I am the registered keeper of the vehicle and the sole driver, since January.


 


The car is registered to my home address, as that is where previous FPN have been sent

Expert:  Jo C. replied 6 months ago.
Well, there's really only one explanation then.

They have forgotten to send out the original NIP to you. They are too late to put that right so they have made this offer in the hope that you will notice and will accept.

In your position, there is absolutely no point in a fixed penalty scheme. You are on the cusp of totting anyway so they would revoke it as soon as you accepted and send you to court.

The best option for you is to just refuse asking for the court hearing. Probably they will fail to summons anyway.

If they do summons then you can contest this on the basis the NIP wasn't served in time. In any event, the only evidence they will have is from a GATSO camera which doesn't identify the driver so there's no real case against you.

They only have six months to lay an information anyway from the date of the offence and they have to give you 28 days to respond to the FPN so that doesn't leave them long at all.

Can I clarify anything for you?

Jo
Customer: replied 6 months ago.

For Jo C


 


for clarification - can I take it you mean 'I should sit tight' and not respond unless I am sent another letter indicating for me to either go to court or pay the penalty?


 


 

Customer: replied 6 months ago.

For Jo C


 


for clarification - can I take it you mean 'I should sit tight' and not respond unless I am sent another letter indicating for me to either go to court or pay the penalty?


 


Your feedback has been most beneficial

Expert:  Jo C. replied 6 months ago.
Yes, basically. Just wait for the summons.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 62914
Experience: Over 5 years in practice.
Jo C. and 3 other UK Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 6 months ago.
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