Time between speeding offence and notice issue

[Dogsey]

Background: Driving home from my parents on 25/08 I got flashed by a speed camera on the M4 westbound just before the M32 junction within the variable speed section (although the variable limit was not being used). Firstly I was surprised to be flashed on a motorway whilst not under a variable speed limit, particularly as the camera that flashed me was not an overhead one but a more standard looking gatso at the side of the road. Secondly, and more relevant, the notice issue date is 20/09, this is 27 days or 18 working days from the date of the offence. Am I right in thinking that the police only have 14 days to issue the notice? And if so does that mean I can't be prosecuted?

TIA.

[agtlaw]

The general rule is 14 days but there are various exceptions to the rule. However, before we explore those.

1. Is this the first Notice of Intended Prosecution issued?
2. Are you the Registered Keeper of the vehicle?
3. Did the RK receive a Notice within 14 days of the index offence? (where the alleged offence is day 0)

[Dogsey]

agtlaw said:

The general rule is 14 days but there are various exceptions to the rule. However, before we explore those.

1. Is this the first Notice of Intended Prosecution issued?
2. Are you the Registered Keeper of the vehicle?
3. Did the RK receive a Notice within 14 days of the index offence? (where the alleged offence is day 0)

1. Yes
2. No, it's my wife's car.
3. No, it arrived today.

[Pica-Pica]

Dogsey said:

agtlaw said:

The general rule is 14 days but there are various exceptions to the rule. However, before we explore those.

1. Is this the first Notice of Intended Prosecution issued?
2. Are you the Registered Keeper of the vehicle?
3. Did the RK receive a Notice within 14 days of the index offence? (where the alleged offence is day 0)

1. Yes
2. No, it's my wife's car.
3. No, it arrived today.

2a. Is your wife the registered keeper?

[Dogsey]

Pica-Pica said:

2a. Is your wife the registered keeper?

It's a company lease car but I think so. Even if she isn't surely that doesn't excuse the gap between the offence and the date of the notice.

[agtlaw]

Some better answers:

1. No, the first Notice of Intended Prosecution was issued to the Registered Keeper
2. The lease company is the Registered Keeper
3. I’ll check with the lease company

[jm doc]

Keeping it simple, it's only fourteen days for the registered keeper. The registered keeper then has 28 days to respond and name you (or whoever was driving). So as you can see, it could in theory be several weeks before you hear anything if you aren't the RK.

[Dogsey]

agtlaw said:

Some better answers:

1. No, the first Notice of Intended Prosecution was issued to the Registered Keeper
2. The lease company is the Registered Keeper
3. I’ll check with the lease company

What I have in front of me says that it's the first notice of intended prosecution, would it still say that if it had been passed on by the lease company?

[spookly]

By the way, that gatso looking thing is a Hadecs 3 camera. Yes, they are active when lower speed limits aren't in force. https://www.speedcamerasuk.com/hadecs-3.htm.

On the M4/M5 smart motorway section there is a single Hadecs 3 in each direction on both the M4 and M5 for a total of 4 cameras. But depending on your route you'd pass one or two. Maybe you'll have the fun of getting told you set off two cameras for extra prizes :-)

[TooMany2cvs]

Dogsey said:

What I have in front of me says that it's the first notice of intended prosecution, would it still say that if it had been passed on by the lease company?

Let's put it this way...

How have they got from the registration to your missus' name and address, without the lease company getting the NIP and replying to it?

Given that it's a co.car, it's probably been to both lease company and employer en route - because the lease co probably won't know she's the allocated driver, just that the lease is in the name of the employer.

[Exige77]

Whose name is on the V5 as registered keeper ?

There might be a clue there ?

If you don’t have the V5, there’s another clue there ?

[agtlaw]

Dogsey said:

What I have in front of me says that it's the first notice of intended prosecution,

If that’s said, which I doubt, then perhaps the first to your address. If a lease company is the Registered Keeper then the first Notice should have been sent there. If the Notice to the RK was served within 14 days of the index offence then you don’t have a defence.

[Dogsey]

agtlaw said:

If that’s said, which I doubt, then perhaps the first to your address. If a lease company is the Registered Keeper then the first Notice should have been sent there. If the Notice to the RK was served within 14 days of the index offence then you don’t have a defence.

It definitely says first nip, so I guess it must be first to this address. It just seemed odd as the side also got caught by a camera not long ago and that definitely arrived within the 14 days. More than happy to take the rap and do the course offered, just wanted to make sure that they were playing fairly.

[Dogsey]

spookly said:

By the way, that gatso looking thing is a Hadecs 3 camera. Yes, they are active when lower speed limits aren't in force. https://www.speedcamerasuk.com/hadecs-3.htm.

On the M4/M5 smart motorway section there is a single Hadecs 3 in each direction on both the M4 and M5 for a total of 4 cameras. But depending on your route you'd pass one or two. Maybe you'll have the fun of getting told you set off two cameras for extra prizes :-)

Thanks for that, hadn't heard anything about speed cameras on motorways other than the overhead variable ones. Are they only in place within variable limits or are they also placed on non smart sections?