Notice Of Intended Prosecution - need some advice

[Paulzx]

I've had a notice of intended prosecution from the Police for a speeding offence, and was wondering anyone has dealt with one of these before?

So for context, I had bought a new van that day and just collected it but it took ages and we were late getting back for a deadline to be somewhere else, so we were driving faster than we normally would on the M4 that day. The notice claims the vehicle was doing 74mph in a variable speed limit zone of 60mph. Fair enough, we were in a hurry so that could be accurate.

They don't know who the driver was so there needs to be an admission. Having seen a few articles on this, they say the notice in writing should be issued (or received actually) within 14 days of the offence. Well, the incident was on the 3rd April, and the issue notice wasn't until 13th of May, which was received at work a few days later than that, so not even close.

I could probably do with a bit of guidance on this as it's a new one for me. I have no convictions or points and don't really have much interaction with the Police. Is it worth acting on their elapsed time period? Has anyone had this experience?

 

[fisicx]

You can fight it but it's far easier to just do the speed awareness course. 2 hours on a zoom call and it's done.

If you argue over the elapsed time you are almost certain to lose. The reason being the details held by the DVLA wouldn't have your name as the owner so there would have been a delay getting the letter sent.

 

[Paulzx]

You can fight it but it's far easier to just do the speed awareness course. 2 hours on a zoom call and it's done.

If you argue over the elapsed time you are almost certain to lose. The reason being the details held by the DVLA wouldn't have your name as the owner so there would have been a delay getting the letter sent.

Ah good point. If it's just a case of doing the speed course by zoom then that's fine. I was rather afraid they may have tried to give me points on the license

 

[fisicx]

The letter should just ask to confirm who was driving. The next letter offers you the speed awareness course, a fixed penalty or go to court.

It not that bad a course. Everyone learns something.

 

[Paulzx]

The letter should just ask to confirm who was driving. The next letter offers you the speed awareness course, a fixed penalty or go to court.

It not that bad a course. Everyone learns something.

Correct, it's a NIP letter asking for you to confirm the driver within 28 days etc

 

[Newchodge]

Correct, it's a NIP letter asking for you to confirm the driver within 28 days etc

Make sure that you do that. Failing to id the driver is an offence in itself.

 

[Chris Ashdown]

You can fight it but it's far easier to just do the speed awareness course. 2 hours on a zoom call and it's done.

If you argue over the elapsed time you are almost certain to lose. The reason being the details held by the DVLA wouldn't have your name as the owner so there would have been a delay getting the letter sent.

That must have changed since i was a bad boy, I had to do a full day course

 

[fisicx]

That must have changed since i was a bad boy, I had to do a full day course

Same here. But covid changed all that.

 

[JEREMY HAWKE]

Your letter was dated 10 days after the offence and the NIP was issued within the time frame .

Do not mess around under any circumstances with a Police NIP be honest about who was driving and get it sent off immediately
As already said it will be 3 points and a £100 fine or a speeding course at a costs of £80

Delaying or or entering into further challenges that are not successful could effect or make future insurance policies more expensive or difficult to obtain

 

[Paulzx]

Make sure that you do that. Failing to id the driver is an offence in itself.

Yep, I'm going to confess!

 

[Paulzx]

That must have changed since i was a bad boy, I had to do a full day course

I did one many years ago and it was all day, mind you, you had to turn up in person at a designated place but I think it's probably cheaper for them to do it remotely now.

 

[UK Contractor Accountant]

As already said it will be 3 points and a £100 fine or a speeding course at a costs of £80

don't forget to add the the victim support charge! must have traumatised that policeman with the speed gun on the bridge or the remote camera on the gantry has feelings?.

What a joke - just another money grab.

 

[Paulzx]

Your letter was dated 10 days after the offence and the NIP was issued within the time frame .

Do not mess around under any circumstances with a Police NIP be honest about who was driving and get it sent off immediately
As already said it will be 3 points and a £100 fine or a speeding course at a costs of £80

Delaying or or entering into further challenges that are not successful could effect or make future insurance policies more expensive or difficult to obtain

The notice came through more than one whole month after the event Jeremy - but I'm not going to challenge it, I don't want any trouble with them I'll just accept the course because that's the easiest way out of this clearly.

Appreciate all the opinions!

 

[Paulzx]

don't forget to add the the victim support charge! must have traumatised that policeman with the speed gun on the bridge or the remote camera on the gantry has feelings?.

What a joke - just another money grab.

I doubt they were traumatised, after all, this is what the Police are best at nowadays isn't it, catching motorists rather than real crime. Don't get me wrong, motorists need to be reasonably careful what they are doing but it does seem ironic they put so much effort into fining us for stuff like this but when you approach them for help with an actual crime against you, it goes nowhere.

Just seems a bit heavily weighted towards soft targets that's all.

 

[UK Contractor Accountant]

aving seen a few articles on this, they say the notice in writing should be issued (or received actually) within 14 days of the offence

this is how Mr loophole (freeman) got Becks of his speeding charge - they couldn't prove that the Notice was received in time ..... it was 1 day late.

"If the Crown can't prove that the letter was sent by first-class post then the concept that it arrives in two working days goes out of the window."

 

[AlanJ1]

What a joke - just another money grab.

What doing 25% over the speed limit is a money grab?

 

[Newchodge]

I doubt they were traumatised, after all, this is what the Police are best at nowadays isn't it, catching motorists rather than real crime. Don't get me wrong, motorists need to be reasonably careful what they are doing but it does seem ironic they put so much effort into fining us for stuff like this but when you approach them for help with an actual crime against you, it goes nowhere.

Just seems a bit heavily weighted towards soft targets that's all.

I am afraid that I can't agree. You get penalised for speeding in order to discourage speeding. Not because speeding per se is a problem, but because it could kill someone. I see it in the same way as penalising someone for carrying a knofe. There is nothing inherently wrong in carrying a knife, but using it against another human being may kill them. It is all about prevention of the greater harm.

Driving a vehicle is the most dangerous thing that the majority of people do in their entire lives and they do it every day. They could cause multiple deaths through a moment's inattention. Yet many treat it as seriously as they do weeding the garden.

 

[UK Contractor Accountant]

What doing 25% over the speed limit is a money grab?

no-the Victim surcharge added is a joke when caught by a remote variable speed camera.

 

[AlanJ1]

no-the Victim surcharge added is a joke!

What victim surchage? It's £100 for 3 points or if offered a course it's £80? (Was £100 last time I did one pre-covid).

 

[Newchodge]

no-the Victim surcharge added is a joke!

As I understand it, it is intended to fund victim support services and is charged every tiime, whether the crime has an obvious victim or not. It is not intended to compensate the actual victim of the crime. It is a way of raising money.

 

[UK Contractor Accountant]

It is a way of raising money.

i am surprised? a tax you mean

 

[UK Contractor Accountant]

What victim surchage? It's £100 for 3 points or if offered a course it's £80? (Was £100 last time I did one pre-covid).

if you challenge it and go to Court and loose it is automatically added.

 

[fisicx]

i am surprised? a tax you mean

But if you don’t speed you don’t have to pay the surcharge. It’s only applicable if you break the law.

I don’t have any issues with this money raising process.

 

[JEREMY HAWKE]

The notice came through more than one whole month after the event Jeremy - but I'm not going to challenge it, I don't want any trouble with them I'll just accept the course because that's the easiest way out of this clearly.

Appreciate all the opinions!

Makes no difference

We get this ourselves the owners are the company hiring the vans to us and we signed the docs saying that we are liable for abuse of roadcraft and it takes a long time to get to you as it goes back to the police

It is likely that the previous owner got the NIP first hence the delay
The dates in my view are correct

 

[UK Contractor Accountant]

dont get me wrong - caught speeding ..... fines & points, slap on the wrist, speeding awareness etc I fully support.

its says on the Government site "When a court passes a sentence it must also order that the relevant surcharge is paid.

Revenue raised from the surcharge is used to fund victim services through the Victim and Witness General Fund – full list of the groups supported.

Here's one SF/2012-2014/017 The Jason Spencer Trust £10,000
charity number - 1151755

its charity reporting on its website shows

"Charity reporting is overdue by 1581 days"

Who knows what the money was spent on - wages, plush offices, etc

 

[Paulzx]

What doing 25% over the speed limit is a money grab?

Doing over the limit is fair enough, but motorists are fined every day for very minor things. I attended a driver awareness course years ago for doing 34 in a 30 zone. Meanwhile, the thieves who broke into my office (whom the Police knew of) paid nothing because they didn't pursue the crime.

What I'm saying is, it's a shame Police don't put as much effort in to catching actual criminals

 

[AlanJ1]

Doing over the limit is fair enough, but motorists are fined every day for very minor things. I attended a driver awareness course years ago for doing 34 in a 30 zone. Meanwhile, the thieves who broke into my office (whom the Police knew of) paid nothing because they didn't pursue the crime.

What I'm saying is, it's a shame Police don't put as much effort in to catching actual criminals

And I got a speed awareness course for 22 in a 20 (Bloody Southend Pier). I still broke the law.

I totally get this, but the things arent comparitable, my fine (and most peoples) for speeding is a camera. Very little human interaction as it's all set-up to be automatic.

 

[Paulzx]

Makes no difference

We get this ourselves the owners are the company hiring the vans to us and we signed the docs saying that we are liable for abuse of roadcraft and it takes a long time to get to you as it goes back to the police

It is likely that the previous owner got the NIP first hence the delay
The dates in my view are correct

Yep, it may well have taken them longer to send it out. Either way it's not worth the effort in fighting it. I would rather just get it sorted

 

[Paulzx]

And I got a speed awareness course for 22 in a 20 (Bloody Southend Pier). I still broke the law.

I totally get this, but the things arent comparitable, my fine (and most peoples) for speeding is a camera. Very little human interaction as it's all set-up to be automatic.

22 in a 20 zone.. you could have done that by just having a strong wind behind you! Doesn't that make you angry though?

This sort of thing to me is where there is no common sense. So you went a tiny bit over the speed limit, that should be a caution unless you're getting caught multiple times. Instead it's just an opportunity for a bit of revenue for them

 

[Mark T Jones]

effort in to catching actual criminals

Wow! I had no idea people actually still said that!

How are you defining 'actual criminals', out of interest?

Thieves (mostly) don't cause harm or injury to individuals - speeding motorists can & do.

Speaking as someone who has been known to break a speed limit, I'm utterly bewildered at people who moan about being penalised for getting caught.