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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice.
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I am a motor trader in Leeds and I bought a Honda from a

Resolved Question:

Hi.I am a motor trader in Leeds and I bought a Honda from a local auction on 15/5/2015.In the last two weeks I have received a Fixed Penalty notice for an offence dated 16/5/2015.The car was not registered in my name but I think it was logged the insurance data base.I have replied to the initial notice saying I was the driver in the hope that I would be offered a speed awareness course but I have now been sent a conditional offer of fixed penalty + 3 points and no offer of an awareness course.I have 3 points on my licence for a SP60 three years ago and the current offence was 48mph in a 40mph zone.So two questions.Why have I not been offered a course and isn't this ticket well out of date ?
Simon Rostron
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
If you are not the registered keeper then it is in time. They do not have to send a NIP to the actual driver within 14 days. They have to send a NIP to the registered keeper within that time which they will have done and they will have named you.
Impossible to say why they have exercised their discretion against you from this information. There could be lots of reasons - not available in the area, speed too high proportionate to the limit, more points on your licence than make this appropriate. Almost certainly the issue though is that their time is short. They have to lay an information within 6 months of the incident and if this was in May they do not have time to offer the speed awareness course and give you time to complete leaving the option of returning to court open to them if you do not.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hi Jo
Thanks for your quick response and clarifying the NIP issue.
With respect to " lay an information " point do you mean essentially that they haven't got any places left
within the 6 months time frame ? Also are these courses at their complete discretion or are there fixed
guidelines for both me and the Police to work within ?Simon
Expert:  Jo C. replied 1 year ago.
That is probably the issue. Obviously nobody can be sure but the police but probably they are worried that they don't have time to give you the time to do the course and still summons you. Courses are basically at their discretion although they would be subject to the restriction in judicial review if they went off on a complete frolic of their own.
Customer: replied 1 year ago.
Hi Jo
Oh well,it was worth a try.
Thanks again for your help.
Best wishes
Simon
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.
Please remember to rate my answer.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69775
Experience: Over 5 years in practice.
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