3. Speed offence 5 months ago
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Sun

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Speed offence 5 months ago
« on: November 16, 2023, 10:10:33 am »
Hi All,

Got 2 NIP of Exceed temporary 50mph speed restriction - Roadworks -ACD
3rd June 65mph on 50mph A46, notice issue date 09 Nov
4th June 58mph on 50mpg M40 , notice issue date 13 Nov

It is not my routine commute road.
I moved to new address on February and updated the driving license on March. I do not aware to update v5 log unit did research yesterday.
I had RM re-direct service from Feb ~ end of Oct.

Unfortunately, I got speed ticket on Aug and offered speed awareness course in this month.

My concern is, the two speed offence in June will fall into 6 months limit to prosecute rule? Thank you.
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andy_foster

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Re: Speed offence 5 months ago
« Reply #1 on: November 16, 2023, 10:27:09 am »
Quote from: Sun on November 16, 2023, 10:10:33 am
It is not my routine commute road.

Are you trying to tell us something, or just making conversation?
Were you driving at the material time? Yes/No/Not sure.

Quote
My concern is, the two speed offence in June will fall into 6 months limit to prosecute rule? Thank you.

If these are "fresh" NIPs giving you 28 days to provide the driver's details beginning with the date of service of the notice, you will be able to provide the information after the 6 months for the speeding offences has expired. Post the s. 172 responses at a post office and ask for proof of posting (free).

N.B. If you fail to provide the required information, that is a separate offence which would get you 6 points a go, and would time out 6 months after the 28 days to provide the information expires.
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Sun

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Re: Speed offence 5 months ago
« Reply #2 on: November 16, 2023, 10:49:52 am »
Quote
Are you trying to tell us something, or just making conversation?
Were you driving at the material time? Yes/No/Not sure.


Thank you for the reply.
I know that is my fault not to aware the temporary speed limit.


Quote

If these are "fresh" NIPs giving you 28 days to provide the driver's details beginning with the date of service of the notice, you will be able to provide the information after the 6 months for the speeding offences has expired. Post the s. 172 responses at a post office and ask for proof of posting (free).

N.B. If you fail to provide the required information, that is a separate offence which would get you 6 points a go, and would time out 6 months after the 28 days to provide the information expires.


Yes, it is fresh NIP not a "Reminder".
When I post the s. 172 after the 6 months of the speed offence date.  Will I receive further letter for the fixed penalty? 
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andy_foster

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Re: Speed offence 5 months ago
« Reply #3 on: November 16, 2023, 11:06:35 am »
Who knows and who cares?

A "fixed penalty" would be a Conditional Offer of Fixed Penalty - which is an offer pay a fixed penalty (£100) and have 3 points endorsed on your licence rather than be prosecuted for the speeding offence. And you would no longer be able to be prosecuted for the speeding offence anyway as the 6 months would have expired.

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The Rookie

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Re: Speed offence 5 months ago
« Reply #4 on: November 20, 2023, 09:15:21 am »
Quote from: Sun on November 16, 2023, 10:49:52 am
Quote
Are you trying to tell us something, or just making conversation?
Were you driving at the material time? Yes/No/Not sure.

Thank you for the reply.
I know that is my fault not to aware the temporary speed limit.
Which again is nice conversation but doesn't answer the questions asked

Quote from: Sun on November 16, 2023, 10:49:52 am
  Will I receive further letter for the fixed penalty?
You seem not to appreciate that both a 'Fixed Penalty Notice' and (what you'll get if they do) a 'Conditional Offer of a Fixed Penalty' are both an OFFER to you to dispose of the allegation and you are free to say 'no thanks' to it.
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Sun

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Re: Speed offence 5 months ago
« Reply #5 on: December 11, 2023, 10:17:03 am »
Updated:

Got the reply of the conditional offer for the fixed penalty on last Saturday (9th Dec).

Recap: Offence date - 3rd June, I signed and posted the NIP S172 on 4th Dec.

Can I have further advise for this situation? Thank you.

BTW: I signed and posted the S172 on 6th Dec for the the second offence (4th June).

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Southpaw82

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Re: Speed offence 5 months ago
« Reply #6 on: December 11, 2023, 11:34:55 am »
What do you want further advice about?

Is the speeding offence more than six months ago? If yes, you cannot now be prosecuted for it.

Do you need to respond to a conditional offer of a fixed penalty if you’re not going to accept it? No.
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Sun

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Re: Speed offence 5 months ago
« Reply #7 on: December 11, 2023, 12:09:58 pm »
Quote from: Southpaw82 on December 11, 2023, 11:34:55 am
What do you want further advice about?

Is the speeding offence more than six months ago? If yes, you cannot now be prosecuted for it.

Do you need to respond to a conditional offer of a fixed penalty if you’re not going to accept it? No.

Thank you for your reply.
The offence date was 3rd June. It is six months ago in my understanding but I still receive the conditional offer.

The letter mentioned two options: accept the offer or request a court hearing. The case will be passed to courts if no response in 14 days.

Now I am not going to accept the conditional offer. Should I just leave it or request a court hearing to say the offence is six months ago?   
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Southpaw82

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Re: Speed offence 5 months ago
« Reply #8 on: December 11, 2023, 04:17:02 pm »
If it was me, I’d do nothing. You have no obligation to respond to a COFP.
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The Rookie

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Re: Speed offence 5 months ago
« Reply #9 on: December 12, 2023, 10:41:44 am »
Quote from: Sun on December 11, 2023, 12:09:58 pm
The letter mentioned two options: accept the offer or request a court hearing. The case will be passed to courts if no response in 14 days.
The third option is just to ignore it which is what most people suggest you do.  There is no legal obligation to do anything with it (including 'requesting a court hearing' which is of course meaningless as the court would ignore your request and instead await for the prosecution to start proceedings).  While arguably trying to be helpful, the police 'advice' doesn't represent the legal situation.

Quote from: Sun on December 11, 2023, 12:09:58 pm
Should I just leave it or request a court hearing to say the offence is six months ago?
It would seem perverse to request a court hearing and at the same time point out why you can't have one?
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