I was caught on my scooter at 37mph but received the prosecution notice 1 month later. I understand the whole prosecution can be cancelled out if warning is not sent and received within 14 days. Is this true? What would be the procedure?
2007-03-23 11:45:28 · 5 answers · asked by thomasgary31 1 in Politics & Government ➔ Law Enforcement & Police
Under UK Law you have to be given a Notice of Intended Prosecution either at the time of the offence (verbally by a Police Officer or by means of a fixed penalty ticket) or a Notice of intended Prosecution has to be served to the last known address of the registered keeper of the vehicle.
If you are the registered keeper and the address on your registration document is current then they have to post it to your address within 14 days.
The key factor is that they have to serve it to the last known address of the registered keeper. If you failed to notify a change of ownership or address then the ticket still stands as long as they posted it to the registered keepers address.
If they posted it to the registered keeper and he's since told then you were the rider, again they are covered because they still complied with the rules because they still sent it to the registered keeper within 14 days.
If you are shown as the registered keeper and the address on the registration document is correct then they have failed to comply with the legislation and your ticket should be cancelled.
2007-03-23 13:48:55 · answer #1 · answered by Captain Sarcasm 5 · 5⤊ 0⤋
You have to receive the notification within 14 days of the alleged offence. Talk to a solicitor but you should be able to quash this one.
2007-03-23 11:54:53 · answer #2 · answered by The Transporter 5 · 2⤊ 0⤋
i thought that was true to - you could try you local citizens advice bureau, they should be able to advice you for free. i did a search but it all seemed to be about destroying the cameras x
2007-03-23 11:56:38 · answer #3 · answered by aria 5 · 1⤊ 0⤋
really gonna depend on the court yes i can be but there the oens who have a set gideline you need to contact the court or a local attonary who can help you more
2007-03-23 11:48:58 · answer #4 · answered by cwa 2 · 0⤊ 3⤋
no.. youre nicked.. and the persecution have upto 6months to nail your sorry scooter riding a ss to the floor...
2007-03-23 11:50:07 · answer #5 · answered by Anonymous · 0⤊ 4⤋