Author Topic: Conditional offer of fixed penalty  (Read 1326 times)

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Conditional offer of fixed penalty
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I need help/advice. I received an NIP on 21/08/2025 for a speeding offence (58 on a 50) on 25/04/2025. The address on my v5c was not accurate at the time of offence. However, I updated the address on v5c in June to Address B. The address on my v5c at the time of offence was address A. However, in July I moved address again and so updated my address again to Address C. When I moved to address C I also paid for royal mail mail redirection so that all mail going to address B would be redirected to Address C. I returned the s172 form identifying myself as the driver. I now got a Conditional Offer if Fixed Penalty (£100 fine + 3 points) dated 18/09/2025. I have been given 28 days to either pay the fine and except the points, or option B is "if you wish to decline or are unable to accept this offer, or want to contest this offence please request a magistrates' court hearing by writing to the address at the top of this letter". It says on there that "if you do not choose one of these options within 28 days, we will refer your case to a magistrates' court. Day 28 from this letter will be 16/10/2025, and 25/10/2025 would mark 6 months from the date of offence. I have heard that the police have only 6 months from date of offence to lay information to the court (or in other words, refer me to court). That means they have 9 days to lay information to the court.
Now my question is -
1) do the met police get automatically notified on their system that my 28 day period is over and that I havent responded yet? Because if they do get notified then that means their systems are automated and 9 days would be plenty time for then to refer me to court.
2) what happens if i ignore the letter, is there an added fine and penalty points if I am found guilty in court?
3) if I do decide to dispute, can I do so on grounds that they have sent the NIP to Address B even though I had updated my address with DVLA a month back? The only reason I ever got the NIP was because of the royal mail redirection that I had paid for.
4) say if i forget to respond to the COFP, and they realise this AFTER the 6 month period, can they still take me to court on grounds that I havent responded to them?
5) are my chances high of them not having enough time (only 9 days) to lay my information to court?

Just as an FYI I had already attended a speeding course last year so that's why I wasnt offered one this time.

Your time and advice is much appreciated.

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Re: Conditional offer of fixed penalty
« Reply #1 on: »
1) do the met police get automatically notified on their system that my 28 day period is over and that I havent responded yet? Because if they do get notified then that means their systems are automated and 9 days would be plenty time for then to refer me to court.  Their systems will almost certainly progress the matter to court if necessary

2) what happens if i ignore the letter, is there an added fine and penalty points if I am found guilty in court? Oh, yes - the fine is income related (50% of weekly income) along with costs (£90 for guilty plea) and surcharge (40% of the fine) but still 3 points

3) if I do decide to dispute, can I do so on grounds that they have sent the NIP to Address B even though I had updated my address with DVLA a month back? The only reason I ever got the NIP was because of the royal mail redirection that I had paid for. No - you have already stated your V5C was incorrect on the date of the offence, one presumes they sent the NIP to that address within 14 days.  It seems they put some effort in tracing you (MIB?) instead of prosecuting for a s172 offence

4) say if i forget to respond to the COFP, and they realise this AFTER the 6 month period, can they still take me to court on grounds that I havent responded to them?  Offences 'time out' after 6 months - if they progressed such a case you would have a defence

5) are my chances high of them not having enough time (only 9 days) to lay my information to court?  A high risk strategy IMHO
« Last Edit: October 14, 2025, 06:33:48 pm by JustLoveCars »

Re: Conditional offer of fixed penalty
« Reply #2 on: »
In the immortal words of Harry Callahan:  "... you've got to ask yourself one question: 'Do I feel lucky?' Well, do you, punk?"

Unless you have a good defence - which you haven't bothered to mention any detail of - possibly best to accept the offer.

What do you think?