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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70825
Experience:  Over 5 years in practice.
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I have received a conditional offer of a fixed penalty for

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I have received a conditional offer of a fixed penalty for a speeding offence. It's is alledged that I was doing 57mph in a 40mph limit on 24/12/13. The offer is dated 28/4/14. Is this still a valid fixed penalty as I thought it had to be received within 14 days of the offence. If so how do I respond
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you speeding?
Customer: replied 3 years ago.
To be honest I can't really remember but it is possible as it's a fairly quick road
Were you stopped at the scene?
Or sent a Notice of Intended Prosecution before now?
Customer: replied 3 years ago.
Its was a mobile camera and I was not stopped. The letter I received today is the first communication I have had it's called a CONDITIONAL OFFER OF FIXED PENALTY LETTER.
So you have never had to identify the driver in this matter?
Customer: replied 3 years ago.
No don't believe so
Thanks.
If that is right then you can just ignore this.
They haven't issued a NIP in time so arguably can't bring a prosecution at all.
You commit no offence in ignoring a fixed penalty. Its not a S172 request.
They have no evidence that you were ever the driver so do not really have a case against you anyway.
Their game will be this. They have gathered evidence of your speeding car and forgotten to send out a NIP. They have realised too late and so sent out a FPN in the hope that you just accept it and they get a result for their statistics.
They wouldn't usually offer the FPN for 57 mph in a 40 mph zone so it just suggests that they can do nothing else.
Can I clarify anything for you?
Jo
Jo C. and 2 other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks, ***** ***** ignore it then?
If you are certain that you didn't receive an earlier NIP and you were not stopped at scene.
Its almost certainly that they are just chancing their arm.