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Speed ticket loophole for notice of intended prosecutions caught in postal strike

2 November 2009

A recent court case – Gidden v Chief Constable of Humberside, has effectively changed the law in relation to notice of intended prosecutions.

The law is that for most motoring offences, including speeding, the motorist should be warned that he or she is going to be prosecuted. This warning, called a notice of intended prosecution must arrive within 14 days of the offence.

Until last week provided that the notice was sent in time for it to NORMALLY arrive within 14 days that was enough. So if the police post a notice on 8th June in relation to a speeding offence that happened on 1st June then that would count as good notice, even if it arrived on 16th June.

The recent case, which arose out of the last round of postal strikes has now changed the law. If the motorist can show that the notice arrived after the 14 day period then the police are out of time and cannot prosecute the driver for speeding.

The Judge, Lord Justice Elias said “This case raises an issue of some topicality given the current postal strike and is of no mere small interest,”

“I appreciate that this construction of the legislation may create problems for the police and prosecuting authorities, particularly when the postal service is on strike with the inevitable delays in delivery.

“The authorities must then adopt other means of warning, if they are to avoid the risk of late delivery.”

No doubt specialist motoring solicitors will receive many calls relating to this. The advice is that you will need to return the Notice of intended prosecution saying you were the driver but that it was received out of time. You will then need to be able to convince the court at a later date that it arrived late.

This may make a huge difference to the way the police deal with Notice of intended prosecutions. Only last week I had a case where someone had been asked to tell the police who was driving. the problem was that the first Notice of intended prosecution did not arrive so she was sent a reminder and was then asked to remember who was driving some 6 weeks earlier. A simple recorded delivery would have prevented this problem.

Will the police now be forced to use recorded delivery?

Tags: motoring solicitor, motoring solicitors, NiP

I think I have been flashed by a speed camera, what happens next?

6 August 2009

“I think I have been flashed by a speed camera, what will happen” or “I think I have been flashed by a speed camera, how long do they have to write to me” are the 2 most common questions I get asked as a motoring solicitor.

The first thing I say is that just because you saw the flash does not mean for sure you will get a ticket. Some cameras simply don’t work, some don’t have film in etc. That will change when they all become digital and I wouldn’t advise taking a chance that they aren’t live!

So you have seen the speed camera flash – now what? Provided the car is registered at your home address you will hear something within 14 days. The police have just 14 days to write to you with a notice of intended prosecution. If they don’t – they are out of time and there is nothing they can do. But be aware that if the car is not registered at your address, if you have changed address or it’s a lease car all the police need do is send it to the address on the log book. If you don’t get it for a few weeks later it still counts as valid service.

If you receive the Notice of Intended prosecution you will need to send it back within 28 days. If you don’t then you are guilty of failing to furnish drivers details and that carries 6 points.

I will look at what happens after the Notice of Intended Prosecution in the next blog.

Tags: motoring lawyer, motoring solicitor, speed cameras, Speeding

I have received a Notice of Intended Prosecution but I don’t know who was driving

24 July 2009

I have been asked to tell the police who was driving my car but I don’t know; what do I do?

This is a common scenario and something motoring solicitors get asked often.

Typically a car is shared by a husband and wife. The registered owner gets a notice of intended prosecution because the car was flashed by a speed camera.

The couple know it can only have been one of the 2 of them driving but cannot remember who was driving at that time. What can they do?

The law says that the registered owner must identify the driver. The police must send the Notice of Intended prosecution to the registered owner within 14 days. If they have done that then it is easier for the owner to remember who was driving. It is easier but the reality of life is that it is not always possible. Can you remember where you were at 9:47am 11 days ago? This is a source of frustration for lots of clients. Where husband and wife equally share the driving how are they to remember?

You can ask for a photo to see if it helps identify the driver but more often than not it does not help.

The case becomes even more difficult if for some reason the initial Notice of Intended Prosecution does not arrive. The police have posted it but it got lost. Now the couple may get a reminder, this might be some 6 weeks after the event. Now try and remember who was driving on that unremarkable trip 6 weeks ago.

The temptation is just to name one of you, pick a name, any name. The risk with that is that if you were wrong and if it was proved that you were wrong it could be said that you have perverted the course of justice.

The alternative is to do all that you can to co-operate with the police. Tell them that you cannot identify the driver, explain why. You will probably get a summons for failing to give the drivers details.

If you can show to the court that you have done all you can to find out who was driving but cannot then that is a defence. It is a matter for the court to decide whether they accept that you have done all you can so keep a not of enquiries you have made.

The courts are reluctant to find people not guilty in these sort of cases because it is easy for people to just make it up but a well prepared application properly presented can often be successful. You will need to show that you have made all reasonable enquiries.

I would advise that you contact a motoring solicitor as soon as possible once you have received the Notice of Intended Prosecution so that they can guide you through what needs to be done.

Tags: NiP