Free Traffic Legal Advice

Hi

Hoping you can offer a friend some advice.

Date of Offence 25.08.2024
NIP arrived Tues 16.10.2024
NIP dated 10.10.2024
Location as stated on NIP: A11 Wymondham Bypass
No speed on the NIP -
Alleged offence (in bold) Speeding - motor vehicle exceeding 70mph on a dual carriageway - manned equipment

Our friends daughter, aged 17 at the time of the offence, was followed and eventually stopped by an unmarked Police BMW from the the A146 slip road on to the A47 Norwich southern bypass until the M&S garage on the A11 at Wymondham. This is a distance of about 10 miles.

There was one Police Officer in the BWM who proceeded to cautioned her and took her details. He did not offer her an appropriate adult (she was under 18) before questioning her further - is this a breach of PACE?

She did not admit to speeding as her vehicle is restricted using Ford My Key to 80 mph and she was not travelling at that speed - we have not been sent photo or video evidence of the offence.

The Police Officer also asked her to sign an electronic device / tablet. We are unsure why, we hope this wasnt an admission of the offence as she wasnt given time to read what was on the device / table.

The NIP appears to time barred / not served on time - is this correct?

Lastly, my friend has emailed Norfolk Constabulary asking for evidence of the offence and has questioned the Police Officer's conduct on date of the offence.

Can post a copy of the NIP if required.

Any advice on next steps would be greatly appreciated.

Thanks very much

It would be unusual to receive a NIP after a traffic stop. More so in the timeframe suggested.

Can you post up a redacted copy of what has been received?

Your friend will receive nothing, she isn't the one being charged with anything. If her daughter wants to see evidence she can request it, but usually they will respond saying to see the evidence it will need to go to court. By which time any offers of cheap disposal will have long gone.

Assuming from the presence of a speed limiter, an offer of a speed awareness course would normally be on the table for this offence. Any actions that hinder this and you may see a new driver receive their first 3 points. 6 points in a 2 year period will see her licence revoked under the new driver's act.

She would need to book the SAC within 3 months of the offence date and take the course within 4. We are past 2 months from the date of offence already.

Will post the redacted NIP asap. Thanks again

only that this info is coming via a 3rd party so confirmation of what has actually been recived might be wise albeit it probably is a NIP

Hi, apologies for the delay. Got the NIP from my friend, although it does not say Notice of Intended Prosecution. It says Conditional Offer. Are they different.

Also noted 28 days expires today, although they didnt receive this until the following week.

Based of previous comments i am guessing you are going to recommend acceptance.

Thanks again

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Quote from: swanny65 on November 08, 2024, 10:53:14 am

Got the NIP from my friend, although it does not say Notice of Intended Prosecution. It says Conditional Offer. Are they different.

Yes, a Notice of Intended Prosecution is different from a Conditional Offer of a Fixed Penalty.
This is why it's not a good idea to post on someone else's behalf.

Noted ! and your opinion is..........

Quote from: JRHartley on November 08, 2024, 11:10:19 am

Quote from: swanny65 on November 08, 2024, 10:53:14 am

Got the NIP from my friend, although it does not say Notice of Intended Prosecution. It says Conditional Offer. Are they different.

Yes, a Notice of Intended Prosecution is different from a Conditional Offer of a Fixed Penalty.
This is why it's not a good idea to post on someone else's behalf.

Noted ! and your opinion is..........

Unless she has a defence which you haven't mentioned I'd have thought she'd be best advised to accept the conditional offer unless she wants it to go to court.

Didn't the 28 days actually expire yesterday(?).  It might only have arrived a week after it was issued, but what have they been doing about it for the last three weeks?

Assuming she wants to accept the offer she needs to be very careful to follow the instructions and to comply with all the conditions attached to the offer.  (eg supplying her licence details etc and any other conditions).

Does she have to reply via post to accept the offer or can she do it online?  I did a speed awareness course in Norfolk last year and I did everything (including identifying myself as the driver) online.

... I will get her dad to check whether he can sort it online tonight...

Just make sure she follows all the instructions to the letter - whether that be replying by post or online and making sure she supplies all the details they ask for...