Speed Camera Fine

[Purist]

According to law if you are caught by a speed camera (fixed/handheld) the police have to notify you within 14 days of the offence, if they notify you a month later can you argue the ticket?

[rockyracoon]

'If you weren’t stopped by the police for the speeding offence (eg it was caught by speed camera), the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days. You may have to go to court if you ignore the notice.'

The above is from .gov, so you may have grounds. If you were stopped by the police, though, that maybe a different matter.

[hc4361]

The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that they believe that it arrived, but there may be a defence available if the intended recipient can convince a Court that the notice did not arrive in time or at all. In many cases, the registered keeper will be a lease company not the actual driver, with the result that even if the driver is unaware of the incident, service of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence.

[hc4361]

http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.php

[Purist]

Thank you both, most helpful.

[New Judge]

To clarify bit further, the paperwork the Registered Keeper (RK) is sent when his vehicle is detected by a remote device consists of two distinct parts. The first is a "Notice of Intended Prosecution" (a "NIP"). This is simply what it says - a notice to the RK that prosecution is under consideration. The second part is a request to provide the details of the driver at the time of the alleged offence. This is known as a "Section 172 request" (after the section of the Road Traffic Act that provides for it).

It is only the NIP (and as explained, only the first NIP) that is subject to the 14 day rule. There is no limit in time for the S172 request (although there is an overall time limit of six months from the date of the offence to commence court action). Regardless of any issues with the timeliness of the NIP (and very, very few are sent late without a good reason these days) the S172 request MUST be complied with. Failure to comply will mean a visit to court and if convicted the driver faces a heavy fine, six points and an endorsement code (MS90) which insurers hate and which will lead to considerably increased premiums for up to five years.

The issue of "presumed service" is also interesting. Although the NIP and S172 request are usually printed on the same piece of paper the rules for presumed service are different. In certain circumstances the prosecution can rely on the rules on presumed service to argue that the NIP properly served but cannot rely on those rules to argue that the S172 notice was properly served.