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.Posted 9 years ago
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.horaMember
Ziggy post it here http://www.pistonheads.com/gassing/forum.asp?h=0&f=10
Alot of traffic police post on there.Posted 9 years agofozzybearMember
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)Posted 9 years agoprojectMember
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.Posted 9 years agoRatfighterMember
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.Posted 9 years agoDelSubscriber
i don’t think anyone has actually suggested he try and evade prosecution Mike?Posted 9 years ago
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.
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.Posted 9 years ago
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 🙂HoratioHufnagelMember
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.Posted 9 years agoeasygirlSubscriber
if you have not had a notice of intended prosecution (NIP) you cannot be prosecutedPosted 9 years ago
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 youSteve-AustinMember
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 handyPosted 9 years agosmiffkinSubscriber
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!Posted 9 years ago
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