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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70632
Experience:  Over 5 years in practice
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If I have been notified more than 14 days after a speeding

Resolved Question:

If I have been notified more than 14 days after a speeding offence will I still be prosecuted
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Hi - what was the offence and what are the dates?

Customer: replied 3 months ago.
Hello ,67 in a 50 variable speed limit on M1. Happened on 11th, notice received on 27th. It's a company car so went to a different email address I only found out today (I know this isn't relevant to them). Just hoping the face they missed 14 days counts.
Expert:  Jo C. replied 3 months ago.

If it is a company car then I suppose you aren't the registered keeper?

Customer: replied 3 months ago.
No - however they have sent it to another manager who is registered as the keeper and he has forwarded them my details. I'm more interested in the point on the notice that says 'by law' they are required to advise the registered keeper within 14 days, which they haven't.
Expert:  Jo C. replied 3 months ago.

So was it sent to the registered keeper within 14 days?

Customer: replied 3 months ago.
No - the dates I referenced are the dates it went to him, ie offence date 11th and sent to him on 27th (16 days). He's been on holiday so forwarded to me today and he has responded to them with my details.
Expert:  Jo C. replied 3 months ago.

I'm sorry if I'm missing the point but they do seem to be in time.

The date of issue cannot be the 27th if it was received on that date. Even if it is one day earlier they are in time.

The time does not begin to run until one day after the offence date because that is the first full day.

Then they have 14 days. If it was even the 26th then they are in time?

If it is dated the 27th then you could argue it.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
The notice reads : the law states that a Notice should be sent to the registered keeper no later than 14 days after the offence.They sent it on the 27th, if we take the 12th as the first full day it's still 15 days.
Expert:  Jo C. replied 3 months ago.

But you said above it was received on the 27th.

Therefore it could not have been sent on that date.

Customer: replied 3 months ago.
Sorry no - the notice is dated the 27th. It would have been received after that.
Expert:  Jo C. replied 3 months ago.

Thanks. Thats all I need to know.

The rules are contained in S1[1]c] Road Traffic Offenders Act 1988 which you’ll find here

http://www.legislation.gov.uk/ukpga/1988/53/section/1

They must either deliver a NIP verbally at scene or serve it upon the registered keeper within fourteen days of the offence.

Under S1[1A] the notice should actually arrive within 14 days.

However, I'm afraid that if the notice was dated the 22nd July then there will be a presumption that you received it somewhere at the address by the 24th at the latest.

In any event, there have been cases that have suggested that the day of the offence is not included in the 14 day period although there is a lot of very contradictory authority on the point and its far from being settled law.

Its a challenge you can always bring and it might succeed. They may forget to summons you entirely. If it came down to a contested hearing though there is a chance you could lose I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
Thanks that's helpful and emphasises my point. The offence was committed on the 11th but they didn't issue the notice until the 27th. So that's 16 days - or 15 if the 11th is discounted.Regardless of when it was received by my company. The notice clearly references the 11th as the date of offence and the 27th is the date on the notice of intended prosecution.The attachment you sent is very explicit about the 14 days.
Expert:  Jo C. replied 3 months ago.

This only works if this is dated the 27th though?

I'm happy to continue with this but please rate my answer.

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