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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

DS Speeding

9 replies

Hadalifeonce · 10/09/2023 16:39

DS was caught speeding at the beginning of April, NPI was received, completed and returned. In June he received a notice to inform him that it cannot be dealt with via an offer of fixed penalty, and will hear from the prosecution team in due course. He has received nothing since. He is aware of someone who was caught speeding after him and has already received a ban.

Does anyone feel this could have 'fallen between the cracks'? Is there a time limit by which a prosecution has to be dealt with?

I have never been in this situation, so have no informed advice to offer him, so any help would be gratefully received.

OP posts:
VeniVidiWeeWee · 10/09/2023 16:56

IANAL but I believe they have 6 months to issue proceedings.

Original poster
Hadalifeonce · 10/09/2023 17:02

@VeniVidiWeeWee
Interesting, he is only about 3 weeks away from 6 months.

OP posts:
Bromptotoo · 10/09/2023 17:03

Pesume the reason no FP offered is due to the margin he is alleged to be over the limit and/or probability that he's at risk of 6 points and having to retake the test.

Looks as though they have 6 months after the offence to issue a summons but there may be ifs/buts in there.

Plenty of motoring lawyers out there with informative websites and/or a free consultation.

Original poster
Hadalifeonce · 10/09/2023 17:27

Yes the margin and he is a new driver. I mentioned speaking to a solicitor, but then remembered the wonder that is Mumsnet.

OP posts:
prh47bridge · 10/09/2023 19:36

The police have 6 months from the date of the offence to start a prosecution for speeding. However, that does not mean your son has to receive notification of the prosecution within that time limit. It is when the charge is issued. In general, that means when the charge is entered into their computer system and sent to court. It can be days, weeks or even months from the charge being issued until the alleged offender receives the court papers. I'm afraid I wouldn't rely on it having slipped through the cracks.

Original poster
Hadalifeonce · 10/09/2023 20:13

@prh47bridge Thanks, not relying on anything really. It's just that he is moving overseas for 6 months, and is concerned about what might happen if he is summonsed to appear in court and he isn't here. If there was a definite 6 months cut off, it would be very useful as he doesn't want to be even worse trouble by not being here.
I did tell him that I would contact the necessary body to explain the situation if something does appear.

OP posts:
ProfessorSlocombe · 11/09/2023 10:50

Hadalifeonce · 10/09/2023 17:27

Yes the margin and he is a new driver. I mentioned speaking to a solicitor, but then remembered the wonder that is Mumsnet.

As a new driver they could well lose their licence.

Bromptotoo · 11/09/2023 11:06

If he's away then he needs to make sure somebody's checking his post and has permission to open anything they need to. Not difficult these days to scan something or just take a picture on your phone. Just make sure it's dealt with.

You'd be amazed how many people claim to know nothing of court or debt proceedings until the bailiff knocks....

Original poster
Hadalifeonce · 11/09/2023 11:15

Thanks, his mail will be coming here, so I will be looking at everything.

OP posts:
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