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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I have received a speeding ticket for an alleged offence

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Good morning,
JA: Hello. How can I help?
Customer: I have received a speeding ticket for an alleged offence that took place on 30th April 2020. The original notice of intended prosecution letter was sent to my company office (as it is a company car) and was dated 18th May 2020, with my office receiving it on the 21st May via post. Can I claim this to be void as the 14 day period had elapsed?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: M4. London.
JA: Do you need to appear in court?
Customer: No, the offence alleged offence was 53MPH in a 40 MPH zone
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so, no.

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Were you personally the registered keeper of the car? I.e. listed on the V5 personally?

Customer: replied 1 year ago.
Hello Aaron, thank you for your assistance. No, the car is a company car, hence the original Notice of Intended Prosecution was sent to my office. I'm not on the V5 personally. To reiterate the dates, the alleged offence took place on 30th April 2020, with the Notice of Intended prosecution dated 18th May 2020. This was received via post at my office on 21st May 2020, when I was notified by our company secretary. The Notice of intended prosecution letter addressed to myself was dated 1st June and was received at my home address on the 4th June 2020.Regards, John

Thanks, ***** ***** wanted to be 100% clear.

The requriement to serve the NOIP within 14 days of the offence is only when serving on the registered keeper. As the company is the registered keeper they are the ones who have to be sent the notice within 14 days.

See below:

Requirements: Road Traffic Offenders Act 1988 s.1

Section 1 of the Road Traffic Offenders Act 1988 requires that for certain offences:

  1. (a) the defendant must have been warned at the time of the possibility of prosecution for the offence; or
  2. (b) the defendant must have been served with the summons within 14 days of the offence; or
  3. (c) notice of the possibility of the prosecution must have been sent by the prosecutor within 14 days of the offence either to the driver or to the registered keeper of the vehicle (or in cases under s.28 or s.29 of the 1988 Act (dangerous or careless cycling) to the rider of the cycle).

I see you are suggesting that the notice was dated outside of the 14 days. They only have to post it within 14 days but if it is dated the 18th clearly they have sent it more than 14 days after the offence.

The Police have to write to the company with a 172 notice who have to reply nominating a driver etc. The Police then have to investigate and send out a new NOIP/172 notice to you.

You must reply to the 172 to confirm who was driving as otherwise that is an offence in itself.

On my reading of the legislation, technically the Police are in breach of s.1 and so cannot proceed with the prosecution.

It's up to you how you proceed but in order to defend the case you have to go to court. This means not taking the fixed penalty.

One thing to try first is to politely contact the Police and point out the error. They can tell you whether they will withdraw the prosecution.

If it goes to court and you lose you will have to pay a fine based on your income which is always in excess of the fixed penalty sum plus CPS costs plus a victim surcharge. Once you take the matter to court you cannot avail yourself of the fixed penalty.

Depending on the speed the court can also impose more than 3pp but 53 in a 40 would ordinarily only attract 3.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Aaron D and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Just one last thing Aaron, do you think I should still fill in the notice of intended prosecution and send it with the letter, or send the letter and await a response? I see I now have 28 days to respond from the letter dated to myself of the 1st June, so I have a little time. Would I be putting myself at risk if I didn't send in the NIP form within the stipulated time frame irrespective of my intention to challenge it?Regards, John

Well you will have to reply to the 172 regardless so it is up to you.

You can fill in the form to say you were the driver, that isn't admitting an offence occurred. You can then send that in together with your letter. That way you avoid committing the offence of failing to supply the driver's details per s.172.

Customer: replied 1 year ago.
That's great. Thank you for your assistance.