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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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I have received a conditional offer of a fixed penalty for

Resolved Question:

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
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
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
Expert:  Jo C. replied 3 years ago.
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.
Expert:  Jo C. replied 3 years ago.
So you have never had to identify the driver in this matter?
Customer: replied 3 years ago.
No don't believe so
Expert:  Jo C. replied 3 years ago.
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 3 other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks, ***** ***** ignore it then?
Expert:  Jo C. replied 3 years ago.
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.