Saturday, October 13, 2007

Postal Strike cloud has silver lining for motorists

The Postal Strike, Parking Tickets and Speed Cameras

For a speed camera prosecution to take place or a parking Penalty Charge Notice to be processed to Warrant of Execution stage it requires the documents to be correctly served.

For speeding a notice called a 'Notice of Intended Prosecution (NIP) - must be served on the vehicle's registered keeper within 14 days of the alleged offence.

For an Order for Recovery to be valid it must be served within 14 days of the Order being sealed by Northampton County Court Traffic Enforcement Centre.

With the current disruption to the postal service, these notices may not be served and motorists in time and therefore the motorist should not be prosecuted with regard to the speeding matter or should refer the matter back to the Court in the case of a parking Order for Recovery.

Responding to comments by celebrity lawyer, Nick Freeman, on Radio 4 this morning, Paul Smith, founder of SafeSpeed.org.uk, said:

"Every cloud has a silver lining, and in this case it appears that motorists will get a welcome respite from the flawed and failed speed camera policy."

"Once speed cameras have been scrapped we will all be able to go back to concentrating on the road ahead - and it won't be a day too soon."

"A vehicle owner receiving a notice more than 14 days after an alleged offence should mark the notice 'out of time', and return it from whence it came by recorded delivery. That should conclude the matter."

1 comment:

Anonymous said...

A few words of warning here. 1) The court will still presume that the ticket DID come within the 14 days, up to you to prove it didn't, like, guilty till proven innocent. 2) DON'T try and rely on several defences at once like a0 it didnt come in 14 days AND can't remember who's driving, defence b) will legally negate defence a) Maybe all motorisyts who think they MIGHT have been snapped by a Greed Camera should keep records of arrival of other post that took 14+ days to arrive, just in case....

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