36 in a 30 - works car, failed to be able to respond in time due to address mix-up

[rasg]

Hi.

 

A pal of mine was flashed by a speed camera back on 2nd September in a company vehicle.

He was doing 36 in a 30.

 

Of course the company had to sort out who was driving etc and they sent the paperwork to the wrong address.

He finally received a NIP on the 7th December which he returned on the same day.

 

Thames Valley Police have made him a conditional offer of paying a fixed penalty and three points with no offer of a Speed Awareness Course as he was outside the 74 day time limit through no fault of his own.

 

Does anybody know if there is any room for appealing this or if it is even worth paying a lawyer to appeal this.

 

Thanks.

[BankFodder]

I suppose it is always possible to appeal although I'm not sure of the procedure.

I think what it all boils down to is what is the consequence of him taking the points? Has he got a load of points already and so he's worried or has he got a clean licence.

[jotty]

Whatever you do dont waste time on a ambulance chasing solicitor as you aren’t actually appealing the conviction just the way its being enforced.

Get his company to do a letter confirming the reasons for it being late and send them asap to the contact on the ticket with an explanation.

If he has had a course recently or is close to 12 point threshold then they wont offer the course.

 

Good luck.

Edited December 31, 2020 by jotty

[Man in the middle]

An offer of a course or fixed penalty is made entirely at the discretion of the police. Although they have guidelines (issued by the National Police Chief's' Council) showing the speeds at which courses and fixed penalties should normally be offered, they are guidance and not law. They may offer you an out of court disposal or they may not, it's entirely up to them.

 

They won't offer a course where they believe there is insufficient time for you to book and complete it before the six month time limit for prosecution kicks in. Exactly when this is will vary depending on the availability of courses and the current demand. That will also vary across the country so there is no fixed time limit.

 

Your pal has nothing to appeal.

 

He can accept the Fixed Penalty offer or he can decline it and see the matter heard in court.

The court has no power to order a course and will sentence him in accordance with the normal sentencing guidelines.

 

That speed will see a fine of half a week's net income (reduced by a third for a guilty plea), a Victim Surcharge of 10% of the fine (Min. £34), £85 costs and three points. For someone with a take home pay of £500pw this will cost them £285 so the Fixed Penalty is a bargain that he should not refuse. That said, a phone call asking why he has not been offered a course may see results and will cost nothing.

[jotty]

Depends on the Police force as to the grace period, wont do you any harm in writing to them as explained as what’s the worst than can happen.

[rasg]

Thanks for all your help.