tiggers

OK folks I need your help.

A friend of mine has just received notification from the Manchester (UK) police (by post) that the car registered to him has been captured by a GATSO camera on the A666 doing 51mph (in a 40mph) limit on 28/11/2000. The letter goes on to ask him to supply the name of the driver on the occasion in order that they can be prosecuted.

The letter containing this information was postmarked 09/01/2000. I am under the impression that the police have to serve a notice of intended prosecution within 14 days of the incident. As this is obviously not the case he should be able to avoid prosecution. My questions are:-

Is this the 14 day rule correct?

If so what does he need to do to halt the proceedings? Can he just write a letter or does he need a solicitor's involvement?

Your help would be appreciated.

Regards,

tiggers.

Andy Tang

iTrader: (3)

I thought it was 15 working days?? Could be wrong!

Stuart H

Yeah, he needs to seek the advice of a solicitor.

Stuart H

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by tiggers:
<B>The letter containing this information was postmarked 09/01/2000[/quote]

Tiggers,

This is a slip isn't it....the postmark on the letter couldn't possibly be 29/11/00?

Just a thought

Cheers

S

Steve Howat

Isn't there a human rights issue where that if you give the name of the driver you are affectively incriminating the driver. Therefore if you are caught on a camera they need you to 'admit' to the offence before you can be prosecuted.

My brother sent me an email with this info, I'll try to dig it up.....

Stuart H

Steve,

That loophole has been closed. It's now of no use at all.

mutant_matt

OK,

14 Days from the offence is correct not counting the day of the offence. If it is posted withing the 14 days but takes longer to get to you then this still counts. The fact that it is post marked Jan when the offence was in Nov implies that it's null and void. You can check this out on the Speedtrap Bible at

Stuart H

Tiggers,

Has he moved house recently, or just registered the car in his name? Is he sure he is the registered keeper of the vehicle?

If the answer to questions 1 & 2 is NO and the answer to 3 is YES then the 14 day requirement under section 1 Road Traffic Act 1988 applies. It always best to get a solicitor in these cases.

Case (and thread) closed.

Cheers

S

[This message has been edited by Stuart H (edited 15 January 2001).]

gregh

..or is it a company/ leased car? Then the police have more than 14 days as they have to go to the lease company and find out who drives the car, then send the NIP to them.

Greg

Stuart H

Which is why I've asked if the vehicle is registered in his name and he's sure he's the registered keeper

tiggers

The car is registered to him (has been for two years) and he has not moved house so I think he is in the clear. I shall advise him to get a solicitor.

Thanks for your help.

Regards,

tiggers

Steve Howat

Just read stuarts reply, looks like I just wasted the last 15 minutes!!!

[This message has been edited by Steve Howat (edited 15 January 2001).]