Speeding ticket...Help

[G20RG B]

This morning I recieved a letter from Tayside police saying they were prosecuting me for doing 65 in a 50 zone.
The alleged offence happenend on the 11.01.06 almost 5 weeks ago!!!I thought they couldn't prosecute unless you were notified within a fortnight..

Can anyone help /confirm/ advise

[Dwight VanDriver]

For the offence of speeding to proceed then the authorities MUST serve a Notice of Intended Prosecution with 15 days. (14 clear days plus day of the offence.) This has to be done, if not verbally at the time, by sending by Reg Post, Recorded Delivery or FIRST CLASS post and to be delivered in the normal course of the post in that time scale, to the driver where his details or known or to the Registered Keeper which is generally the case by camera detected offences. If you are not the Reg Keeper then could well be that person has received it in time and named your goodself as the driver.

If YOU are the Reg Keeper of the vehicle then you have an argument that proceedings are void as NOIP not served within the time stipulated at law.
(Road Traffic Offenders Act 1988 as amended)

dvd

[G20RG B]

Thanks for your reply,
The car I was driving at the time was a company car.
I'm sure they would have notified the lease company who would then have forwarded my details to the police.
Would this make any diffrence to the 14 day rule?

[SS2.]

G20RG B said:

Thanks for your reply, The car I was driving at the time was a company car. I'm sure they would have notified the lease company who would then have forwarded my details to the police. Would this make any diffrence to the 14 day rule?

The 14 day rule applies only to the first NIP in the chain ie that which is served on the DVLA recorded Registered Keeper. So if the NIP to the lease company was served in time, then it is lawful. Subsequent NIPs further down the chain are not subject to the same time restrictions.

[Cooperman]

Put it through the shredder. If a second one arrives either do the same or send it back saying that it was not you driving and that you have no knowledge of who might have been. Refer them back to the keeper. They might just give up or.

[mg6b]

Cooperman said:

..... If a second one arrives either do the same or send it back saying that it was not you driving and that you have no knowledge of who might have been. .....

Is that not perverting the course of justice?
Could your post be an incitement to do so?

Not good advice I am afraid! You would have been better off pointing him to the usual website for advice!

[SS2.]

mg6b said:

Cooperman said: ..... If a second one arrives either do the same or send it back saying that it was not you driving and that you have no knowledge of who might have been. ..... Is that not perverting the course of justice? Could your post be an incitement to do so? Not good advice I am afraid! You would have been better off pointing him to the usual website for advice!

Have to agree with mg6b on this one - If you truly did not know who was driving, then fair enough.. But if you did....Get convicted of attempting to pervert the course of justice and you will face far stiffer penalties than convictions for either the alleged speeding offence or failure to provide driver details (if you ignored the NIP).

Not to be recommended, IMO...

>> Edited by SS2. on Monday 20th February 14:05