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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have received a speeding fine, but i believe it took

Resolved Question:

Hi, I have received a speeding fine, but i believe it took too long for the force to serve, what do i do now? Am i likely to win my appeal?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is it you have had, notice of intended prosecution?
Alex Watts : What is the date of offence? Are you the named keeper?
JACUSTOMER-co5uo37z- :

I have had the notice of intended prosecution and the conditional offer letter. I am not the registered keeper, my employer is, and they provided my details. The offence took place on 08/12/13, and the notice to the registered keeper was dated 03/01/14

Alex Watts : Why did your employer not contest this?
JACUSTOMER-co5uo37z- :

They were unaware of any reason to contest, and were keen to ensure that they didn't attract a fine bu not supplying my details

Customer:

They were unaware of any reason to contest, and were keen to ensure that they didn't attract a fine by not supplying my details

Alex Watts :

It sounds like the original NIP was out of time.

Alex Watts :

It must be served within 14 days and it was served outside of this time.

Alex Watts :

You therefore need to write and clarify what the date of the offence and NIP was.

Alex Watts :

If they confirm it was outside the 14 day deadline then it is not valid

Alex Watts :

Your employer should not have nominated you as this may cause difficulties now

Alex Watts :

But the original NIP must be served within 14 days

Alex Watts :

If not then the whole process may be flawed.

Alex Watts :

Write back and state that it is flawed and why

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

is there also an issue where the chief constable needs to sign the NIP? As mine was signed by a PC?

Alex Watts :

No - its on behalf of the Chief Constable.

Customer:

Ok, that's fine. thank you very much for your help. Do i use the conditional offer letter to 'appeal' and state the case as being out of time or do i need to write to them first?

Alex Watts :

I would write to them first, but do it quick and make sure you send it signed for.

Alex Watts :

Can I clarify anything else?

Customer:

No that's it, thank you very much for your help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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