Hi Jo, I have received a NIP over 14 days later the offence (speeding), I wrote the following letter of appeal, Could you please check if it is correct? A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall v Kirby [1946] 2 All ER 552. Fixed penalty offences within the meaning of s.51(1) RTOA 1988. However, that course can be taken where the other offences are serious and are liable to result in a substantial term of imprisonment or period of disqualification, or the defendant has already been sentenced to a lengthy term of imprisonment in any event. Such a certificate is deemed under sub-section (4) to have been so signed unless the contrary is proved. Sections 16, 17(4), 88(7) and 89(1) (speeding offences) Or aiding and abetting any of the above. Court Summons For Speeding: What Are Your Next Steps? Ordinarily, the notice should indicate that production should be made to the police station originally nominated by the driver when the request for production was first made. Many factors must be taken into consideration before the court even begins to consider exercising that discretion. I cannot prove this ( I do have a couple of texts I sent around the time stating . In deciding whether to rely on the extended time limit, the prosecutor should ensure that he/she is able to ascertain the date on which sufficient evidence to warrant proceedings came to the knowledge of a police officer investigating the incident, since this is a requirement of the procedure. Signed: .. Crown Prosecutor / Associate Prosecutor / Police Officer, [delete as appropriate or specify alternative]. This protocol recognises that motorists are required to produce driving documents to police officers following a lawful demand and that the documents may be produced at a nominated police station. The notice should also state that production for verification cannot be made at court and that any attempt to do so will result in expense and delay for that person as the court will still require their prior production at the nominated (or locally agreed) police station. The onus is on the prosecution to establish that a particular location is a "road" or a "public place". Much will depend on the nature of the error and any explanation given by the defendant. See also the Traffic Signs Regulations and General Directions 1994 (SI 1994/1519). The offences under sections 3 , 17(2) , 18(3) , 24(3) , 26(1) and (2) , 29 , 31(1) , 35 , 42(b) , 47(1) , 87(2) , 143 , 163 , 164(6) and (9) , 165(3) and (6) , 168 , 170 and 172(3) RTA 1988. But if an intent to deceive can be proved an either way offence under s.97AA TA1968 or s.99(5) TA 1988 should be preferred instead. It is alleged a speeding offence took place on 14/07/2017. A notice of intended prosecution can be given: Road Traffic Act 1988 (RTA 1988) offences to which s.1 RTOA 1988 applies include: Section 2 RTOA 1988 states that the prosecution does not have to comply with s.1 RTOA 1988 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. Notice of Intended Prosecution. If the notice was served late without a good reason then you can't be prosecuted anyway. But where a disqualified person has had his driving licence returned in error by the DVLA, the prosecution should take that fact into account in deciding whether or not to proceed. It is not possible for you to have your driving documents checked at court. the possibility of danger to other road users (the most important factor). All these offences are summary, non-endorsable and punishable with a fine at level 4, and subject to a time limit of six months from the date of the offence.

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