Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: courting on December 12, 2024, 10:56:21 am
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Apologies. I did not realise there were two documents posted. I only saw the NIP.
The course was only on offer until 15th November. The NIP you posted was dated two weeks before that and if you did not respond promptly - or if the ticket office did not deal with your response quickly enough - that offer would be off the table.
You may consider it a minor infraction but enforcement begins at (Limit+10%+2mph). The alternative to accepting the fixed penalty would be to have the matter dealt with in court. If you did that and your income was just £450pw, you would pay a fine of £150, a "Victim Surcharge" of £60 and prosecution costs of around £90 - so a total of £300. If your income is more than that the fine and surcharge would increase proportionately. So as you can see, far from being a bit steep, the fixed penalty is very good value.
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Yes received the NIP and responsed to it in time naming myself as the driver, and then received the COFP on 25th November which am now wandering if any legal grounds to fight against.
It was a car rental, and was returning it to the car hire station and caught on camera literally 5 minutes before returning the car. I have no defence, am just annoyed have been penalised for what believe to be a very minor infraction of what i believe to be just inside the 10% + 2mph window of a fine.
From the responses so far it sounds like have no other options here other than just paying the fine and accepting the points. If this is the case then will go ahead and do this.
Appreciate the resposnes thus far.
Thanks!
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As the OP has attached a pdf of a COFP dated 25th November, it can be assumed that he has already named himself as the driver.
As the OP couldn't be bothered to tell us anything about the background or details of the case, beyond attaching scans of the NIP and COFP for some reason known only to himself, and expects us to magic a defence out of thin air, based presumably on his determination that the fixed penalty offered is somehow unfair, much can also be assumed about the OP.
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When did you actually receive this notice and have you responded to it?
The post is a bit confusing because it only previews the jpg image of the NIP. Above it is a hyperlink to the pdf scan for the COFP. So it would appear that initial notice was responded to and the OP is now in receipt of a NIP.
OP as suggested, the time factors involved probably prevented the offer of a course being made. I assume it is a works vehicle that is leased to your employers, so you were possibly third in the chain.
It is unlikely to get better than £100 and 3 points if you take this to court. You don't appear to offer any defence to the allegation, more that £100 is a bit steep. In court you would have costs and 'victim surcharge' added to whatever fine amount you received, which is 50% of weekly salary discounted by a third for an early guilty plea. The only advantage you could seek is time to pay.
Generally speaking, a speed awareness course usually costs around £100 so other than the addition of three points, there isn't a cheaper option outside what you have been offered.
Edit to add:
Assuming you do accept the COFP in the end, don't ignore section two which needs to be completed with your licence details and sent off to the ticket office, regardless of whether you have paid the fine online or not.
We have a lot of people come here who have ended up with a SJPN because this wasn't completed as instructed.
The licence number you previously submitted while identifying the driver is not taken into account. They need it on the returned COFP as well.
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You cannot fight an offer. You either accept it or not and if you don't you will be prosecuted.
Timescales seem a bit hazy here. The notice you have posted up was dated 31st October. It required a response by the beginning of this month. If you haven't responded to it by now you have already committed an offence by failing to do so. On conviction that offence carries six points, a hefty fine and an insurance-crippling endorsement code.
When did you actually receive this notice and have you responded to it?
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Probably no course offer as it's nearly four months from the offence date. They have to allow time for you to consider and accept the offer, and then book and complete the course before the six-month limit for prosecution.
"Steep" is a matter of opinion, but that's the minimum penalty the law allows.
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Hi,
I was caught on camera doing 35mph in a 30mph zone.
I believe £100 and 3 penalty points is pretty steep given the offence. Not even an offer of speed awareness course?
Have attached both the NIP and the COFP.
If i have any legal grounds to fight this please let me know would be much appreciated!
Regards
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