Speeding Fines in the UK

[G_Reaper]

I had heard there is a period of time after which a speeding fine effectively times out if the Police do not serve the notice to the driver. It has been said to be 14 Days.
However if you drive a company car at what point does this time limit start. Is it from the day that the info on the alleged driver of the vehicle being received, or still taken from the date of the offence?

What if the company runs a pool car and is not sure of the driver on that date?

Regards Mike

[tonyrec]

After 6 months you are virtually safe.

[outlaw]

you would be suprised how many get pass 6 mounths

when you call there bluff. even if you aint got a valid loophole to use

[madcop]

G_Reaper said:

I had heard there is a period of time after which a speeding fine effectively times out if the Police do not serve the notice to the driver. It has been said to be 14 Days. However if you drive a company car at what point does this time limit start. Is it from the day that the info on the alleged driver of the vehicle being received, or still taken from the date of the offence? What if the company runs a pool car and is not sure of the driver on that date? Regards Mike

Do a search on NIP. There are lots of threads which will answer these questions.

Basically though, 14 days + the day you are caught for the NIP to be valid as long as it is served on the egistered owner within that time. If that happens to be a hire company or a fellt vehicle, then as long as the original is served within that time, the follow up enquiries can take as long as is reasonable to get the summons issued within time.

For traffic offences, there is what is called a statutory limit of prosecution. This means that the law states that all the evidence must be laid in an information before a magistrate or magistrates clerk within 6 months of the commission of the alleged offence. The information is the details of the offence as it is appears, outlining the circumstances of the offence in writing and is printed on the summons. It will include the date and time of the offence the location and the act and section that has been breached.

If the information is not laid within 6 months, then there is no possibility of a prosecution.

There are certain procedures which can, if investigated by a defendant arise to what is called abuse of process. This means (in simple terms) that the prosecuting authority has had the means to lay the information at the earliest oportunity but failed to do so until the very last moment. Not easy to prove but possible if you can get the evidence together.

A summons, once validated by a court does not have to be served within 6 months. It can be served even years later if the defendant has made him/herself difficult to trace!

>> Edited by madcop on Tuesday 2nd September 12:12

[G_Reaper]

So really the critical point for a lease vehicle is the date at which the lease company receive NIP. Is that correct.

As it appears if the above is the case the particular incident of which I am refering would fall outside the 14 days. What action would I need to take.

Regards Mike

[Cooperman]

A question for you BiB's.
My son lived in a shared house in North London and drove a company car. Last year he went thro' a Gatso in Northants at 48 in a 40 at 00-30 hours. His company must have given his name and address, but before he got the NIP he went to work in France for 8 months and the other occupants of the shared house moved away at the expiry of the lease, which co-incided with my son's departure for France.
It now appears as though a summons may have been sent to the house as someone who lived there at the same time as my son was told this by one of the new tenants whom he happened to meet by chance.
Will he be arrested if ever stopped in Northants, even though he never received an NIP or a summons? The one year anniversary of his going to France will be up soon, but he now lives and works in Northants, by pure co-incidence.
Your advice will be appreciated.

[kevinday]

Erm, IMHO I thought a summons had to be delivered to the person it was addressed to, to be legally served? If so, he is in the clear for failing to answer the summons, however he may now receive the original summons again.

[Cooperman]

But he never got the NIP either, assuming one was sent, as he had left the rented property and moved to France. It certainly was never sent on to his address in France.

[G_Reaper]

Another question. Would a scolicitor know the relavent laws regarding speed fines.

Any info would be greatly appreciated.

Regards Mike

[lucozade]

Mike, the guidelines are freely available to all. You can find them easily by doing a few searches on the web.