The law requires that, in relation to minor road traffic offences such as speeding, a notice of intended prosecution must be provided at the time of the offence or received by the driver or registered keeper of the vehicle by post within 14 days.
Due to the extra bank holiday for the Queen’s diamond jubilee, it could take 6 days for a notice of intended prosecution to arrive in the post.
The law relating to receipt of items through the post presumes that documents are received 2 working days after posting. This means that due to the extra bank holiday on 5th June, a letter posted on 31st May 2012 will not be presumed served until 6th June meaning that the police may have to send out notices one day earlier than normal. If they do not do so, this could result in no action being taken or the case being dismissed by the Magistrates’ Court.
Call us at any time for more information about legal issues that could result in you avoiding conviction for motoring offences.
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