quick question. 2 week rule?

[k321]

I have been discusing with my friends and we cannot agree on this.
Is it true that if you havent been sent a speeding ticket in the post after 14 days of the offence, is the ticket invalid?

and if Yes...why?

[vonhosen]

k321 said:

I have been discusing with my friends and we cannot agree on this.
Is it true that if you havent been sent a speeding ticket in the post after 14 days of the offence, is the ticket invalid?

and if Yes...why?

You aren't sent a ticket initially.

For certain offences (including speeding) you have to be given a NIP (Notice of intended prosecition). This can be verbally given by an officer stopping you at the the time, or in cases where you are caught by camera etc, it has to be served on you within 14 days of the offence.

What happens with camera activations is that the NIP is sent to the registered keeper along with the Sec 172 notice (requirement to identify driver), no ticket is issued at this stage.

In simple terms "served" means sent in time to arrive within 14 days. Where the prosecution show that has been done, that is enough (they don't have to prove you actually got it just that it was served within 14 days). That presumption of service is rebuttable where first class post is used (you can refute that it was served, but the burden to prove that to the court is yours,) but it is not rebuttable where recorded delivery or registered post is used.

It is only the initial NIP that is subject to this 14 day rule not any subsequent issue of one due to naming of the driver under sec 172.
i.e. If you borrow a mates car & get caught speeding on camera, NIP is served on him (as the reg'd keeper) in say 10 days. He names you on the 172 notice, then a fresh NIP & 172 notice is sent to you arriving at your door 28 days after the offence, that is still a valid NIP.

It is only when the driver is identified, that the conditionl offer of a speeding ticket (FPN(E)) *might* be offered to the driver. This could be far more than 14 days after the offence & still valid.

Why a NIP ?
Section 1 of the Road Traffic Offenders Act 1988 stipulates the circumstances where one has to be given & the basic reason why, is so that a driver may be made aware of the allegation at an early opportunity to help in their defending of that allegation should they believe they are innocent. That doesn't mean if they aren't made aware (say because they have moved haven't told DVLA & subsequently didn't get the NIP) that it is fatal to the case, because the NIP will have been served to the last known address.

Edited by vonhosen on Friday 2nd February 07:02

[k321]

thanks a lot for that information! that is certainly valuable information!

thanks a lot!