Notice of intended prosecution
Discussion
My mother in law has received a notice of intended prosecution in relation to an alleged speeding offence.
The alleged offence (39 in a 30) took place on the 31st of May, she recieved the letter on the 16th of June. The envelope of the letter has a date stamp of the 14th of June.
Within the letter it states that the notice of intended prosecution should be sent within 14 days of the offence.
As the letter was not delivered within the 14 day period, what do you suggest she does?
Thanks in advance for your replies and advice.
The alleged offence (39 in a 30) took place on the 31st of May, she recieved the letter on the 16th of June. The envelope of the letter has a date stamp of the 14th of June.
Within the letter it states that the notice of intended prosecution should be sent within 14 days of the offence.
As the letter was not delivered within the 14 day period, what do you suggest she does?
Thanks in advance for your replies and advice.
dowahdiddyman said:
Might not have been delivered until 16 days but it was posted (sent) after 14 days. The letter says notice must be sent no more than 14 days(which unfortunately it was) not delivered no more than 14 days. Sorry but I think they are in the right this time.
The law says otherwise.http://www.legislation.gov.uk/ukpga/1988/53/sectio...
"Served within 14 days"
davepoth said:
dowahdiddyman said:
Might not have been delivered until 16 days but it was posted (sent) after 14 days. The letter says notice must be sent no more than 14 days(which unfortunately it was) not delivered no more than 14 days. Sorry but I think they are in the right this time.
The law says otherwise.http://www.legislation.gov.uk/ukpga/1988/53/sectio...
"Served within 14 days"
There is someone on PH, can't remember who, who had the same trouble but won as he proved it wasn't served on him within the 14 days.
Nagra said:
Thank you all, I am drafting a letter to them now.
Thanks again for all your help
But again, back to my original questions, this only works if the "Nippee" is the registered keeper, and the DVLA knew the correct details of the registered keeper at the time of the alleged offence. Thanks again for all your help
davepoth said:
But again, back to my original questions, this only works if the "Nippee" is the registered keeper, and the DVLA knew the correct details of the registered keeper at the time of the alleged offence.
That's all fine, she is the only registered keeper/owner, the keepers address is local to the alleged offence and the reg plate was clear and easy to read with no dodgy characters or spacing.caziques said:
Don't forget that the driver must be named to avoid a S172 charge for failure to furnish.
Served after 14 days (without any excuses) is fatal to the speeding charge, but will probably involve a big fight.
Pepipoo.com has a lot more in depth help.
This is all true. You still need to send something back naming the driver. I would suggest filling in the form properly and attaching a letter. Make sure to send it special delivery, possibly getting someone to attest to what's in the envelope, as they're devious enough to "lose" it to make a case. Served after 14 days (without any excuses) is fatal to the speeding charge, but will probably involve a big fight.
Pepipoo.com has a lot more in depth help.
davepoth said:
This is all true. You still need to send something back naming the driver. I would suggest filling in the form properly and attaching a letter. Make sure to send it special delivery, possibly getting someone to attest to what's in the envelope, as they're devious enough to "lose" it to make a case.
^^^ 
SPECIAL DELIVERY, not signed for - they are all too easily wrongly delivered.
Mill Wheel said:
davepoth said:
This is all true. You still need to send something back naming the driver. I would suggest filling in the form properly and attaching a letter. Make sure to send it special delivery, possibly getting someone to attest to what's in the envelope, as they're devious enough to "lose" it to make a case.
^^^ SPECIAL DELIVERY, not signed for - they are all too easily wrongly delivered.
Why was she doing 39 in a 30 ( map link?)?
saaby93 said:
asnt it ss2 that went through this and showed that the usual form doesnt meet the requirements of s172 so youre better off saying see attched letter and responding accordingly with who you believe was the driver that day and that the requst was posted and received after 14 days etc
Why was she doing 39 in a 30 ( map link?)?
There's absolutely no point giving them any provocation for a S.172 charge since we know there's no chance of a speeding charge sticking. So in this case it would be much better to fill in the form properly, and attach a letter to it (with a staple) explaining the situation. Why was she doing 39 in a 30 ( map link?)?
davepoth said:
There's absolutely no point giving them any provocation for a S.172 charge since we know there's no chance of a speeding charge sticking. So in this case it would be much better to fill in the form properly, and attach a letter to it (with a staple) explaining the situation.
ok- although they could bin the stapled letter and pretend the s172 was enough to proceedNagra said:
I have written a letter explaining the facts, completed the form and sent it as a recorded delivery, I will await their response but I'm not sure I'll get one!
Should have been sent by Special Delivery as advised by a previous poster, not Recorded. SD is tracked throughout: RD isn't.Red Devil said:
Nagra said:
I have written a letter explaining the facts, completed the form and sent it as a recorded delivery, I will await their response but I'm not sure I'll get one!
Should have been sent by Special Delivery as advised by a previous poster, not Recorded. SD is tracked throughout: RD isn't.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff