Author Topic: Speeding 35 in a 30 - missed time window to attend speed awareness due to police delay  (Read 262 times)

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nicka

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I received a 'Notice of Intended Prosecution' for doing 35mph in a 30 zone.

The letter offers a choice to accept points/fine OR attend a speed awareness course.

However, you can only attend the course if you respond within 74 days of the date of the offence. Problem is that offence was 3 Jan 2024 but the letter is dated 11 March - already 68 days later !

It sat (unknowingly to me) in the post pile for couple of days and, by the time I replied, I missed the window so am now faced with 3 points and a fine.

Apparently it is law that they can only offer the course within the time window.

Im kicking myself for not opening my post sooner but surely its unacceptable it takes them 68 days to send the letter with only 74 to respond ? Has anyone had this before and managed to appeal ? Im not questioning the speeding itself, just not having the option to attend the course due to their stalling and getting a fine and points on my unblemished license.

thanks

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Gilan02

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Others more knowledgeable will be along but they are not required to offer you a course. But call them and see if they will allow you to take a course.

DWMB2

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Problem is that offence was 3 Jan 2024 but the letter is dated 11 March - already 68 days later !
What is your relationship to the vehicle?

NewJudge

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I assume you are not the vehicle's Registered Keeper and that other people had to be contacted before your name as the driver was provided. hence the delay.

It's not "the law" that a course can only be offered within that time. Courses have no basis in law and are not covered by any legislation. They are offered entirely at the discretion of the police and they can make their own requirements. The reason for the cut off is to ensure there is time for the driver to take the course before the six month time limit to begin a prosecution is up.

Apart from a phone call to ask if an exception can be made, there's nothing to be done about this, I'm afraid.
« Last Edit: April 15, 2024, 08:15:37 pm by NewJudge »

slapdash

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74 days seems a strange number. Was it specifically mentioned on the notice you received or is it something you have calculated. In any event different forces have different limits, some publish their policy on their website.

You say you have received 3 pts and a fine. How? (Presumably you have now received a fixed penalty offer).
The OP never said that. They said that they are "now faced with 3 points and a fine." - [mod]


The normal process would be:-

You receive a nip/s172 and respond with the drivers details (this being the only option)

The next step would then normally be to receive a conditional offer of fixed penalty which is where a course offer (if any) would be made.

Avon and Somerset (and possibly others) combine the 2 steps above with a single notice also offering fixed penalty or course (as appropriate).
« Last Edit: April 16, 2024, 03:53:10 pm by andy_foster »

nicka

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Problem is that offence was 3 Jan 2024 but the letter is dated 11 March - already 68 days later !
What is your relationship to the vehicle?

its leased via my employer - you might be on to something here if they went first to the lease company

DWMB2

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Thought that might be the case - the first NIP will have gone to whoever is the Registered Keeper, with each party receiving an NIP having 28 days to respond, it's easy to see how it could take 60+ days to reach you. The 'chain' of letters could look something like this:

NIP to car hire firm --> They name your employer --> NIP to employer --> They name you --> NIP to you

The chain might be even longer than this, the hire company your employer use may not be the registered keeper themsevles.

NewJudge

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its leased via my employer - you might be on to something here if they went first to the lease company
There's nothing to exploit from this discovery. It was fairly clear from the dates you mentioned that the first NIP (the only one required by law and so the only one subject to a time limit) must almost certainly have gone elsewhere. The accompanying "request for driver's details" is not subject to any time limit and you must respond to it regardless of any issues you might have with the offer of a course. Having said that, 74 days (i.e. about two and a half months) seems quite a short cut off time for a course to be offered. Although I don't know for certain, I was under the impression that most forces allowed at least three months before a course would no longer be an option. I think it may be worth a call to the ticket office to confirm.

ManxTom

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... However, you can only attend the course if you respond within 74 days of the date of the offence. Problem is that offence was 3 Jan 2024 but the letter is dated 11 March - already 68 days later !...

thanks


As others have asked, where do you get 74 days from?

I did a course last October and in my area you have to have booked, paid for, and successfully completed a course within four months of the offence date.  Different police forces may have different cut-off dates but 74 days isn't even three months after 03 January (which would be 90 or 91 days).  74 days isn't a number of weeks either.

If it's possible that you've got this wrong you need to contact the police for confirmation ASAP as to whether you may still be eligible for a course.  If it does happen also to be four months in your area, you only have a couple of weeks left to complete the course.

I was lucky because I was able to book, pay for and complete a course in just over a couple of weeks* after a coure was offered.  But in some parts of the country I believe there's a pretty long waiting list.

You need to act ASAP.


*In fact I could have done a course within 5 days of one being offered if I hadn.t been otherwise occupied that day.  Only online course were on offer when I booked

« Last Edit: April 16, 2024, 02:13:39 pm by ManxTom »

BertB

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You say you have received 3 pts and a fine. How? (Presumably you have now received a fixed penalty offer).

Although we like everything to be spelt out clear as day, but I think the inference here is that a COFP has been received and the OP is annoyed that it wasn't a course offer due to the time taken to process.
 
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by the time I replied, I missed the window so am now faced with 3 points and a fine
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