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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello and can I say in advance, thank you for your time, my

Resolved Question:

Hello and can I say in advance, thank you for your time, my work received a letter from hertfordshire police in March this year to say that the van I was in had been caught speeding on a temporary speed camera on M25 04/03/14 (I don't have any recollection of this at all). This letter asked who had been the driver of the van and my name was put forward as that was the truth and it was sent off so that they could then contact me personally. I received their correspondence which wanted clarification that I was indeed the driver at the time of the offence to which I agreed I was and sent it back to wait for the next part of the process but I received nothing. It's worth noting at this point that I only agreed to take a punishment because I thought as they're the police, they know what they're doing and I wouldn't kick up much of a fuss and I assumed that they must be right! As more time passed and I hadn't received a letter, their competency and my guilt was starting to fade because I had in the back of my mind that a prosecution by the police had to be dealt with within three months of the alleged offence ( Is this true?). April, May, June and July passed and still nothing. However, on 13/08/14 I had a phone call (private number) from someone saying that they were from Hertfordshire police stating that they had sent me a letter and that someone from my address had sent the letter back saying "return to sender" (This is NOT true). They informed me that they would send me the letter again and advised me that I should do what the letter states and take the punishment! This phone call was weird because not once was the term speeding fine mentioned by them and because they didn't use the term I subsequently didn't either, I asked during the phone call was this time sensitive and he agreed it was! I've waited in anticipation for this letter which came yesterday (Dated 14/10/14) which threatened that if I didn't reply in 7 days and take £100 fine and 3 points then they would start court proceedings. I feel that there are many holes in this procedure and I would like someone professional to advise me if I can appeal this?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Any offence has to be start prosecution within 6 months.

Alex Watts :

However for now please let me know whether this is a work van, used by others?

Customer:

Yes, this work van is used by others.

Alex Watts :

Ok - and do you keep a log of who uses it and when?

Customer:

No log is kept, however, the company does know what job we were doing and which employees would've been using it at that time.

Alex Watts :

So you are able to nominate who would have been driving?

Alex Watts :

Hold on - the offence was 4th march this year right?

Customer:

Yes we can nominate who was driving. this latest letter does say that they have my "previous admission to being either, the driver or passenger of said vehicle. Yes the offence was 04/03 this year.

Alex Watts :

But they have not started any proceedings?

Customer:

No they haven't started any proceedings yet.

Alex Watts :

Ok - then they are out of time

Alex Watts :

They have 6 months to lay a charge for speeding

Alex Watts :

This means it had to be laid by 4th September 2014

Alex Watts :

They have not done so

Alex Watts :

So at this stage you do not have to do anything.

Alex Watts :

Any charge would be out of time. it has to be within 6 months

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Even though they should've settled it by 4th September, can there still be a back lash to this?

Alex Watts :

Not after this amount of time no

Alex Watts :

They would need to have laid a charge at Court by 4th September.

Customer:

What do you advise my next course of action to be?

Alex Watts :

If that had happened then you would have heard by now.

Alex Watts :

Do nothing

Alex Watts :

You dont need to do anything

Customer:

No reply, no nothing? Do I just tell them that they should've settled it by 4th September if they try and persist?

Alex Watts :

Yes you can do that. Write and say that they are out of time as any charge should have been brought within 6 months and is now time barred

Alex Watts :

But at least you have avoided 3 points and a fine

Customer:

I have indeed, thank you very much, your advice has been invaluable. May you have a good weekend, mine's just got better.

Alex Watts :

Happy to help.

Alex Watts :

Can I clarify anything else for you?

Customer:

No that is all, thank you once again.

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