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Time limit for prosecution after flashed by speed camera

First of all, I’m a big fan of your column in MCN. It’s very insightful and always useful for future reference.
My question is, I received a speeding fine on the 23/08/2020. However, I’m aware of a law (though I don’t know the ins and outs) that states if an intent to prosecute isn’t received within 14 days, the fine is nullified. I received mine on the 25/09/2020. Is there any caveats to this before I appeal and bite off more than I can chew? I recently moved properties and also put on a private licence plate, so i reckon this is the reason for the delay. However, I don’t know whether this is reason enough for them to forego the above law?

Jamie Garbutt, by e-mail

 

Answer

There is a time limit of 14 days for them to send out a notice of intended prosecution (NIP) if caught by a camera. If the date on the NIP is after 14 days then they are too late. If it is dated within 14 days of the alleged offence and dispatched within time to be received within 14 days – by first class post – this would be on the 13th day after the offence, then it is still valid.

If you were reported for speeding on the roadside the 14 day time limit does not apply. If the delay was because you did not update your address on your driving licence then I imagine (but would have to look into it to confirm) the penalty will stick and there is also a potential fine for not providing DVLA with your new address. So the key here is the date on the NIP – it if is within 14 days of the alleged offence then I think you would be sensible to pay the fine.

 

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