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#Post#: 49469--------------------------------------------------
Legal grounds to fight a COFP for 35mph in a 30?
DIR By: courting
Date: December 12, 2024, 4:56 am
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Hi,
I was caught on camera doing 35mph in a 30mph zone.
I believe £100 and 3 penalty points is pretty steep given the
offence. Not even an offer of speed awareness course?
Have attached both the NIP and the COFP.
If i have any legal grounds to fight this please let me know
would be much appreciated!
Regards
[attachment deleted by admin]
#Post#: 49476--------------------------------------------------
Re: Legal grounds to fight a COFP for 35mph in a 30?
DIR By: 666
Date: December 12, 2024, 5:19 am
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Probably no course offer as it's nearly four months from the
offence date. They have to allow time for you to consider and
accept the offer, and then book and complete the course before
the six-month limit for prosecution.
"Steep" is a matter of opinion, but that's the minimum penalty
the law allows.
#Post#: 49478--------------------------------------------------
Re: Legal grounds to fight a COFP for 35mph in a 30?
DIR By: NewJudge
Date: December 12, 2024, 5:25 am
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You cannot fight an offer. You either accept it or not and if
you don't you will be prosecuted.
Timescales seem a bit hazy here. The notice you have posted up
was dated 31st October. It required a response by the beginning
of this month. If you haven't responded to it by now you have
already committed an offence by failing to do so. On conviction
that offence carries six points, a hefty fine and an
insurance-crippling endorsement code.
When did you actually receive this notice and have you responded
to it?
#Post#: 49481--------------------------------------------------
Re: Legal grounds to fight a COFP for 35mph in a 30?
DIR By: BertB
Date: December 12, 2024, 5:58 am
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--- Quote from: NewJudge link ---
>
> When did you actually receive this notice and have you
responded to it?
>
--- End Quote ---
The post is a bit confusing because it only previews the jpg
image of the NIP. Above it is a hyperlink to the pdf scan for
the COFP. So it would appear that initial notice was responded
to and the OP is now in receipt of a NIP.
OP as suggested, the time factors involved probably prevented
the offer of a course being made. I assume it is a works vehicle
that is leased to your employers, so you were possibly third in
the chain.
It is unlikely to get better than £100 and 3 points if you take
this to court. You don't appear to offer any defence to the
allegation, more that £100 is a bit steep. In court you would
have costs and 'victim surcharge' added to whatever fine amount
you received, which is 50% of weekly salary discounted by a
third for an early guilty plea. The only advantage you could
seek is time to pay.
Generally speaking, a speed awareness course usually costs
around £100 so other than the addition of three points, there
isn't a cheaper option outside what you have been offered.
Edit to add:
Assuming you do accept the COFP in the end, don't ignore section
two which needs to be completed with your licence details and
sent off to the ticket office, regardless of whether you have
paid the fine online or not.
We have a lot of people come here who have ended up with a SJPN
because this wasn't completed as instructed.
The licence number you previously submitted while identifying
the driver is not taken into account. They need it on the
returned COFP as well.
#Post#: 49482--------------------------------------------------
Re: Legal grounds to fight a COFP for 35mph in a 30?
DIR By: andy_foster
Date: December 12, 2024, 6:01 am
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As the OP has attached a pdf of a COFP dated 25th November, it
can be assumed that he has already named himself as the driver.
As the OP couldn't be bothered to tell us anything about the
background or details of the case, beyond attaching scans of the
NIP and COFP for some reason known only to himself, and expects
us to magic a defence out of thin air, based presumably on his
determination that the fixed penalty offered is somehow unfair,
much can also be assumed about the OP.
#Post#: 49486--------------------------------------------------
Re: Legal grounds to fight a COFP for 35mph in a 30?
DIR By: courting
Date: December 12, 2024, 6:11 am
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Yes received the NIP and responsed to it in time naming myself
as the driver, and then received the COFP on 25th November which
am now wandering if any legal grounds to fight against.
It was a car rental, and was returning it to the car hire
station and caught on camera literally 5 minutes before
returning the car. I have no defence, am just annoyed have been
penalised for what believe to be a very minor infraction of what
i believe to be just inside the 10% + 2mph window of a fine.
From the responses so far it sounds like have no other options
here other than just paying the fine and accepting the points.
If this is the case then will go ahead and do this.
Appreciate the resposnes thus far.
Thanks!
#Post#: 49499--------------------------------------------------
Re: Legal grounds to fight a COFP for 35mph in a 30?
DIR By: NewJudge
Date: December 12, 2024, 6:45 am
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Apologies. I did not realise there were two documents posted. I
only saw the NIP.
The course was only on offer until 15th November. The NIP you
posted was dated two weeks before that and if you did not
respond promptly - or if the ticket office did not deal with
your response quickly enough - that offer would be off the
table.
You may consider it a minor infraction but enforcement begins at
(Limit+10%+2mph). The alternative to accepting the fixed penalty
would be to have the matter dealt with in court. If you did that
and your income was just £450pw, you would pay a fine of £150, a
"Victim Surcharge" of £60 and prosecution costs of around £90 -
so a total of £300. If your income is more than that the fine
and surcharge would increase proportionately. So as you can see,
far from being a bit steep, the fixed penalty is very good
value.
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