Time Limit on Prosecution for Speeding Offence?
Time Limit on Prosecution for Speeding Offence?
Author
Discussion

bogie

Original Poster:

16,855 posts

292 months

Wednesday 15th October 2003
quotequote all
Following on from the huge unsigned NIP thread. I went down the not signing route for an offence in Jan 2003. After numerous letters and threats both ways and not returning anything signed I finally got an offer of fixed penalty right on the 6 month deadline in June, which I ignored.

How long have I got to wait before I can consider myself off the hook?

6 months? a year?

TIA
bogie

jeffreyarcher

675 posts

268 months

Wednesday 15th October 2003
quotequote all
bogie said:
I finally got an offer of fixed penalty right on the 6 month deadline in June, which I ignored.
How long have I got to wait before I can consider myself off the hook?
6 months? a year?

6 months. However the limit is until the papers are laid with the court, the summons itself can be much, even years, later.
Remember, the '6 months' for an S172 charge is later. It is 6 months after the date of the NIP plus 28 days (i.e. the expiry date), I think.
For peace of mind;
1) If you know the court where it would come up, get on to the listings department and check that there is nothing outstanding against you.
2) If you are sure that the 6 months limit for a possible S172 is up, get on to the scameraship and confirm that they have dropped it.

Also, they should not lay the papers before a decision to prosecute is made. If the expiry of the FPN was after the six months, and they have laid papers for speeding before the six months, and they prosecute you, you should contest it as an 'abuse of process'. Regina -v- Brentford Magistrates ex parte Wong (1980).

>> Edited by jeffreyarcher on Wednesday 15th October 18:06