Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: mutroom on May 20, 2024, 09:46:22 pm

Title: Re: Six.month query
Post by: The Rookie on May 21, 2024, 09:50:08 am

Quote from: mutroom on May 21, 2024, 09:04:25 am

Presumably if there was a S172 offence it would be by the company or one of the two lease providers, not by me?

IF there was, that seems likely, but without KNOWING what the full S172 request chain is it's impossible to say, but as I said it's very rare anyway.

Title: Re: Six.month query
Post by: mutroom on May 21, 2024, 09:04:25 am

Quote from: The Rookie on May 21, 2024, 08:09:45 am

You cannot be prosecuted for the speeding.

Whether there is a potential S172 offence they could still prosecute for is unclear, although once they serve a request to ID driver at a correct address they tend not to progress any possible allegation based on wrong addresses.

It's a company car, and the original request for driver details was sent just as the company was changing from one lease provider to another. It seems to have fallen through the cracks in the transition between lease providers, which is why it took so long to get to me. Presumably if there was a S172 offence it would be by the company or one of the two lease providers, not by me?

Title: Re: Six.month query
Post by: The Rookie on May 21, 2024, 08:09:45 am

You cannot be prosecuted for the speeding.

Whether there is a potential S172 offence they could still prosecute for is unclear, although once they serve a request to ID driver at a correct address they tend not to progress any possible allegation based on wrong addresses.

Title: Re: Six.month query
Post by: NewJudge on May 20, 2024, 09:52:27 pm

Quote

Given that 26th September 2023 is now approaching 8 months ago, am I safe to ignore the offer as it's too late to be prosecuted?

Yes.

Title: Six.month query
Post by: mutroom on May 20, 2024, 09:46:22 pm

Hi all,

I received a NIP on 14th March 2024 for an alleged offence of driving at 70mph in a temporary 50mph zone on 26th September 2023. I replied to the NIP on 28th March 2024 confirming I was the driver. On 10th April 2024 I received a conditional offer of a fixed penalty which I have not yet responded to. Today (20th May 2024) I received a reminder saying if I don't respond within 7 days the matter will be passed to the magistrates court.

Given that 26th September 2023 is now approaching 8 months ago, am I safe to ignore the offer as it's too late to be prosecuted?