Speeding fixed penalty advice

[danjones86]

Hi all I am just looking to clarify something…

 

I was caught speeding on 2nd august by a policeman with a speed gun he clocked me at 43mph in a 30mph zone. He gave me a yellow traffic offence report and told me he would be reporting me for the offence.

 

fast forward to today (7th september) I have received a letter dated 3rd September from Hampshire constabulary with an conditional offer of fixed penalty. 
 

my question is do I have a leg to stand on with the fact that 14 days has passed and the letter was only sent out on 3rd September or do I need to bite the bullet and take the £100 fine and 3 points.

 

thanks all

[Homer67]

If it's a NIP it must be received within 14 days of the offence as far as I know, that might be different under the current circumstances though as it sounds like it's been delayed in the post.

[danjones86]

6 minutes ago, Homer67 said:

If it's a NIP it must be received within 14 days of the offence as far as I know, that might be different under the current circumstances though as it sounds like it's been delayed in the post.

thanks but it’s dated 3rd September so it has passed 14 days from the offence? Also it’s a conditional offer of fixed penalty as I was stopped roadside so I believe an NIP isn’t necessary?

[Homer67]

14 days only applies to the NIP, it might be that a roadside stop is the NIP, so what you have now is just the resulting action.

[Man in the middle]

Yes, no NIP is required when you were stopped at the time of the alleged offence. The Road Traffic Offenders' Act (s1) says this:

 

Requirement of warning etc. of prosecutions for certain offences.

(1)Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless]—

 

(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or

 

(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or

 

(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—

 

(i)in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,

 

(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.

 

You could go to court and argue that a verbal warning of a possible prosecution was not provided during your dealings with the officer. I doubt you'd have much success with that as he would hardly have been asking for your details so that he could send you a Christmas card!   

[danjones86]

Thanks all so pretty much I need to accept the fine and points