OT speeding fine

They have two weeks to *post* it - doesn't matter if it then takes a millennium to arrive.

Wrong- it must be SERVED within 14 days of the day after the alleged offence.

If you mean they need proof of receipt, then you are indeed wrong, as you say.

You miss the point. There is plenty of case law that posting it on day 14 is not good enough.

The OP could easily argue that they did not post it in time to arrive "in the normal course of post" before day 15, and thus it was not served - his rebuttal of their presumption should be sufficient.

I think what you mean is that an offence involving your vehicle has been detected and you, as registered keeper, have been asked to identify the driver. This is a Notice of Intended Prosecution (NIP). See

and

AIUI proof of posting within a reasonable period is considered to be good enough evidence of service these days - there was an amendment to the legislation to allow this. The police have to show that they issued and posted the NIP with a reasonable expectation of it arriving at the last known keeper's address within 14 days. Key items of evidence are the issue date on the NIP, a proof of posting certificate (the police will almost certainly have one), and some evidence from you of when it arrived - a post-marked envelope could be helpful here so make sure you hang on to it especially if they posted the NIP second class (it happens). The postal strike is probably irrelevant - it merely provides an excuse for late arrival. So if the NIP has an issue date of Wednesday and you're holding an envelope post-marked Wednesday franked for second class post it *might* be possible to reject the NIP on the basis that it was time expired. Otherwise, on the basis of what you've written I think you would have difficulty showing that the NIP wasn't served in good time.

If you decide to accept the NIP and it were me I would probably take the speed awareness course if offered - it costs the same as the fine (+ any time off work you need to attend) but you don't get the points, which could avoid a hike in insurance premiums.

I Am Not A Lawyer, and it's up to you to decide what to do next, which may include seeking professional legal advice.

D A Stocks

Then you'll be able to post a link to one?

No, you miss the point - you are just wrong - take a trip to uk.legal if in any doubt. Courts are quite happy to accept fact it was posted as 'served'. They have 14 days to procees the demand and stick it in the post, whether the driver gets it or not is another matter - eg all the lease cars where it bounces around from leasing company, to company secretary of users works, and finally to driver. Do you suggest that if its delayed in the internal mail its invalid?

I doubt it - an acquaintance of mine thought he had the same get out. Unfortunately the court disagreed and he was stuffed. As you say, putting it in the postal system counts as served.

The real question is: Was the OP speeding? If the answer is yes then cough up, take the medicine and keep a sharper look out next time/hope harder.

The speed awareness courses aren't free (£100 or so) and an SP30 doesn't fundamentally affect insurance. I had an SP30 coupled to a six week ban, declared it and both my bike and car insurance was only £30 or so more on renewal.

"sweller" gurgled happily, sounding much like they were saying:

Agreed. Two 3pt+£60 photos affected my premium less than my car being hit whilst parked legally, with the claim settled totally by the other driver.

No because it has been served on the registered keeper

None.

I suppose they do only have 13 days to post it - it is considered served if it would normally arrive wthin the time limit. But when it really does arrive is indeed irrelevant.

("Telegraph" website) Chris

Is there a date marked on the envelope & was it posted 1st or 2nd class (if

2nd then it's invalid anyway). It has to be posted to the registered keeper to arrive within 14 days of the normal course of post.

Theres a story in the post today that 1,000's can expect to get away with their fines due to postal strike and the 14 day rule.

Yebbut that's £30 per year for the next 5 years for most insurance companies, which could be £150.

Z

When my wife went on one, the course cost exactly the same as the fine.

Plus all the hassle of telling them, etc. Go on a speed awareness course and the matter's finished; no prosecution, no paperwork, just an afternoon being patronised. Most people probably have the sense to realise that, but some are too proud of their driving skills to lower themselves to such a level.

I do not know what I am taking about like, but do not insurance companies ask if you have any driving convictions, not if you have points? So I would expect to have to tell them about a speeding ticket that resulted in a speed awareness course as much as if it resulted in 3 points.

Nicholson v Tapp

Until the NiP has been properly served to whoever details are held at DVLA it's irralevant who the driver is at this stage. The 14 days only applies to the inital NiP.