wp17b5f369.png
wpe38983c1_0f.jpg
wp9d59812f.jpg
wped7326f1_0f.jpg
wp5533b116.gif
wp5533b116.gif
wp5533b116.gif
wpdefe6ffa.jpg
wpa0d67e08.jpg
wp388a3742.jpg
wp7366d9b7.jpg
wp483d7e92.jpg
wp32655d84.jpg
wpc4508319.gif

LOOKING FOR

SCREENWASH /

DEICER ???

click here

wp5533b116.gif

Voted BEST BUY TFR by  COMPARISON SITE

www.traffic-film-remover.co.uk

wp1b7ef4f0.gif

0845 8622 911

Speeding: 'I can't be prosecuted - there's a postal strike!'

 

No....it is not quite a simple as that! However, some drivers may avoid prosecution or fixed penalty offers as a result of postal delays.

 

Some of you may have read in the press over the last week about the recent case in which a driver had his speeding overturned because the police failed to serve him with his Notice of Prosecution (NIP)on time. This is the case of Gidden v Chief Constable of Humberside, (DC, 29 October 2009). The driver had been sent a NIP by first class post but due to postal strikes it did not arrive until 16 days after the offence.

 

The law requires that for certain offences (including speeding) a defendant must either have been warned of the posiibility of prosecution at the time or must have been served with a summons within 14 days or a notice of the possibility of prosecution must have been sent within 14 days (to the driver or the registered keeper). In most cases the latter option will apply, not least since speeding will be invariably detected by speed cameras and the driver will have no direct contact with the police at that stage.

 

The NIP should be sent out by the police so that it will reach the person to whom it is addressed (the registered keeper or the driver)within the 14 day limit, taking into account the ordinary(!)post. Therefore a notice sent out at the very end of the 14 day period (which starts the day after the alleged offence) may be unlikely to arrive within the time limit and the driver may argue non-receipt of the notice within time to invalidate any subsequent prosecution. There is established case-law in this area. Difficulties may arise for the police during periods of industrial action and when there are public holidays with large volumes of post e.g. Christmas.

 

In the Gidden case the High Court had to decide whether a notice of intended prosecution should be regarded as having been properly served where the notice was sent by first class ordinary post on a date that would normally lead to it being delivered within the 14-day time limit but where the court was satisfied that it was in fact delivered after the 14-day time limit. The problem had arisen in the context of a previous postal strike. The court held that, except for NIPs sent by registered post or recorded delivery, it is possible for a driver to rebut the presumption of delivery within time.

 

The law makes certain presumptions about the postal service so that if a letter is sent out it is assumed in law to have arrived unless the contrary is proved - to make the police prove in every single case that the NIP had arrived would be unworkable and unreasonable. A further assumption is that postal service by first or second class post will take a certain amount of time to arrive. It should be posted so that it would ordinarily reach the address within the 14 days.

 

What does this mean in the context of the current postal strike? It means that the police will have to ensure they send out any notices as promptly as possible after the alleged offence - if they do not do so and the notices are only dispatched late in the 14 day period arriving after the deadline then the driver can argue the NIP has not been properly served on time and hence any subsequent proceedings are not lawfully brought. It will still be for the driver to raise the issue of non-receipt of the NIP as a defence and write to the police about this ( when the notice arrives after the 14 deadline) to pre-empt a prosecution or raise it in court as the defence.

 

Tim Ridyard, Solicitor

 

Link to this page can be found at

http://www.roadtransport.com/blogs/transport-law-blog/2009/11/speeding-i-cant-be-prosecuted.html

 

Barker Gotelee

 

01473-611211

 

tim.ridyard@barkergotelee.co.uk

 

www.roadtransportlawyer.co.uk

Road Transport Law Blog

The information on these pages are taken from www.roadtransport.com

Manufactured the highest specification and complying to all EU Directives, TrukWash cleaning products are designed to remove the most stubborn traffic film and grease from Paintwork, Chassis, Engine and Plant & Machinery and is used by the Car Valeting, Commercial Road, Rail, Sea and Air Transport sectors. We also supply a comprehensive range of Pressure Washers and Cleaning Equipment

 

 

 

wp3ea9814b.png
wp973cf1ef_0f.jpg
wp62722bf2.png
wpfb3b2819.png
wp08ecd7ff.png
wp420054f4.png
wp4c1fa71f.png
wp89b272b3.png
wp9deb1f1d.png
wp3d37b18a.png
wp141cf206.png
wpb98ca907.png
wpd6cb8d3b.png
wp5efb2bc2.png
wp626cae00.png
karcher nilfisk ehrle pressure washer logos

Need A Pressure Washer...?

New & Used Equipment

Lease & Hire Payment Options

Local Service - Nationwide

uk pressure washer logo
wp5533b116.gif
wpaf23ea53.png
wp49c31449.png
wpff2c9a7b.jpg
wp5533b116.gif
wp1c1d56b1_0f.jpg

Internal Website Links

Home

Chemicals

Trial Offer

Equipment

 

wp72dca059.png
wpcbfe7ccd.jpg

Buy TRIAL ORDER online and receive

POST FREE...

 

Make 25 litres of high quality TFR for

only £9.97

wpe0ec6e13.png

more

wp30aa113b.png
Only £9.97
Makes 25 Litre
Trial Offer
FREE P&P
wp00000000.png
wp2b02cba3.png

more