Fixed Penatly Notice advice

Just had a letter through my door stating that I am being taken to court as I refused an offer of a FPN, thing is I never had one delivered, now I don’t dispute the fact it was me or I was speeding, however it’s for 38 in a 30 zone.
The offence occured over a month ago now, don’t they have to let me know within 14 days?
I currently have a clean licence so the taking the 3 points would not have been an issue.

Ziggy post it here http://www.pistonheads.com/gassing/forum.asp?h=0&f=10

Alot of traffic police post on there.

i don’t think the 14 day rules still apply but pistonheads are the best place to ask..

i got done as a kid in a 30 at 38mph and 37mph in a 1.1 mini (i got the one cuz i was cheeky and stated mini’s clearly can’t speed he handed me the ticket to prove it 🙂 – i can laugh now)

Traffic police don’t know all the ins & outs of what goes on after the offence tbh.They just book you & pass it on to the traffic office,it’s those who make the final decision on what happens next.You need to be getting in touch with them to sort it out.

unless you’ve had a summons write back and state you never received the NIP. ask them if you can have a copy.

Better to phone tbh….

PS The wife works in traffic so I kinda know how it works.

was going to say phone and explain you have had no notice..

Write to them saying you have not recieved the letter, ask when it was sent and from where, report it to the post office 08457 740 740 as stolen/ missing mail, ask them to send a missing stolen mail form to the sender , also ask the sender to send you a copy of the form filled in and copy of royal mails responce to their enquiries, this is your legal right , also the postman may be not delivering it what else has been failed to be delivered, it may have been stolen as well.

Another school of thought would be to pay up, rather than trying to get out of it on a technicality…

That’s his point Mike – he wasn’t offered the chance to pay up
They’ve either not sent – or lost – his fixed penalty notice form [it’s part of the Notice of Intention to Prosecute]

I see now, got confuzzled.

careful getting off that horse now 😉

Go to
http://www.peppipoo.com/
this site is dedicated to saving motorists from police scameras. There are trained legal people who spend their whole time looking for ways to defend us from highway robbery.

Make sure you put everything in writing, keep a copy. Keep everything they send including the envelope, as it is dated and can be used in court.

It is a long way down.

this site is dedicated to saving motorists from police scameras. There are trained legal people who spend their whole time looking for ways to defend us from highway robbery.

I thought that kind of thing was going on 🙂

i don’t think anyone has actually suggested he try and evade prosecution Mike?
filling out the NIP and coughing for 60 quid and 3 points is different to going to see the magistrates. they’ll hit you for a bigger fine and costs, most likely, for bothering the courts with it.

My understanding is that the NIP has to be received within 14days of the offence.
If you’re lucky you may get offered to take a speeding awareness class and not get the points instead. I didn’t 😥

I’m not trying to evade prosecution, but I have now apparently waivered my right to accept the fixed penalty offer according to the letter I have.
As has been pointed out I don’t wnat to end up in court with a big fine and possibly alot of points.
Better phone the postie then.
thanks for the advice guys 🙂

i don’t think anyone has actually suggested he try and evade prosecution Mike?

Yeah, uplink pointed that out, and I agreed.

Are they saying it was a camera that got you?

Yep, FYI it’s often parked outside of Bath as you pass through Bathampton, you have been warned!

you won’t get lots of points.

if it goes to court, they’ll have to prove they contacted you first and give you the chance to pay. Once they realise you weren’t contacted, the court will most likely impose the original 60 quid fine and 3 points.

this is a lot of hassle though, so i’d get in touch (by phone, then via recorded post putting everything in writing) explaining whats happened and offering to pay the original fine to save everyone lots of time and money.

Once they realise you weren’t contacted,

Lol, how are you going to convince them of this?

if you have not had a notice of intended prosecution (NIP) you cannot be prosecuted
Phone the ticket office and explain to them that you have not recieved either an NIP or a offer of a fixed penalty ticket and they will sort it out for you.
It could possibly be that someone has been given a fixed penalty notice on the street, given false details(Yours) and they are now writing to you

They only need to prove that they sent the NIP rather than prove that you received it.

Give them a call, write recorded delivery etc etc, and offer to take the original fixed penalty. It should be fine.

I quite often argue in court that someone never received something. it does work, the only way that they can successfully argue that you received it is if it was signed for.
Was it signed for? no? then you never received it…

as an aside, everyone should phone your local PO and reporting some missing post. it may come in handy

The legal presumption is that if the NIP was sent to you within the 14 days to your address, then service is good. The bottom line is, were you speeding? If you were then I would suggest you accept it. As you say its 3 point on a clean licence and that won’t even hurt your insurance!