Speeding - 14 day rule
I've recently received a 'Notice of Intended Prosecution' letter following a speeding offence (38 in a 30).
The offence was on the 23/04, and the letter is dated yesterday. Am I right in thinking that I can only be prosecuted if they send me the letter within 14 days?
Thanks for your help
un forchnetly iv bee in a simler situation it took them 2 months to get the letter out to me i tryed taking it to cort but i lost the case but it would be a good idea to talk to someone frome your local poleae station and send a letter in to them saying becouse of the time you need to see the pictur as there are sevral people that dive your car
if it a rear facing camra they can not prrove who was driving the car so you may be able wigel out of it that way
Try asking a solicitor, when i gt a speeding ticket mine said two weeks after the offence they cant procicute but my solicitor was a bit **** so best to get 2nd opinion, also they have 6 months to send you a court summons.
donmt think thats true guys have a look at this page
The law clearly states that a written nip must be served to the registered keeper within 14 days. If the driver of the car receives it later than that because the keeper takes a few days to pass it on then the notice will still stand.
If a mags court has convicted a driver despite a breach of the 14 day rule then they have acted unlawfully. Sadly often a problem with Magistrates who sometimes like to think they know better than the statues.
The 14 day rule is explained better here http://www.clearlicence.co.uk/caught...ule_index.html
If the camera partnerships are expecting drivers to adhere to the law in such a precise way then they too need to act in 100% accordance with the law. They show us no discretion so they don't deserve any either.
What would happen if you were conveniently on holiday for three weeks and you have not received the post for that time? Does the "14 day rule" apply to the police sending the NIP within that time, or do you have to receive it within that time?? Or what if it went to the wrong address etc?
No, being away or unavailable is not going to work sadly. The legal requirement is for them to 'serve' it within 14 days to the registered keeper. There are some instances where they can take longer. For example if you have just moved and they are trying to track you down.
Originally Posted by chopper jockey
In some cases however they just send them late... these ones are not legally enforceable and can be challenged to good effect.
Yes, I think if it was their mistake for the delay the you should not worry. But I don`t know exactly the legal terms...
I however have good news for the person who posted this.
I seem to have gotten away with the same thing without going to court.
I got caught doing 40 in a 30 on 19th april 2007, i didn't get the NIP for another 60 days, well over the 14 day rule, but at first the police continued trying to prosecute me over this matter, i went to see my solicitor and he found case law where a case had been thrown out under the 14 day ruling. id only owned my car for like 4 days when i comitted the offence but i had proof that the dvla had my details the day before the incident, the police tried to use the old chestnut that the dvla didn't have my details and said that even though there were mitigating circumstances, they wudnt leave it lie, they said in august 2007 that they will issue court procedings against me, its august 2008 and ive still not received a summons.
fight it all the way, dont lie down and take it. i have 2 seargeants living next door to me and they agreed, fight it, the law is there for jo public to follow and for the police to follow, screw em pal.