Speeding Offence received 6 months later...please, can anyone advise?

[Betht1979]

Hi,

I'd really appreciate some advice if anyone can help?

My partner has received a Single Justice Procedure Notice this morning in relation to an apparent speeding offence that is recorded to have happened on the 5/12/18.

The Charges advised are:
1. Fail to give information relating to the identification of the driver of a vehicle when required (It looks like this applies to Speed enforcement not having reported this at the time, so it's their failure)

2. Speeding - exceed 30 mph on restricted road - manned equipment

After researching and viewing http://www.driving-law.co.uk/terms/t...ecute-you.aspx this does state:

· So long as the information is laid within six months, the issue and service of the summons and the subsequent determination may all occur outside that period.

· Laying an information within the six months' time limit before deciding whether or not to prosecute may result in the proceedings being stayed as an abuse of process; see R-v-Brentford Magistrates' Court ex parte Wong [1981] 1 All ER 884.

It's the 6th June today which is when the notice was received and this states that this was posted on the 4th June. This is practically 6 months later surely? On receiving today this takes it over the 6 month period.

Does anyone know where we would stand on this matter? Any advice would be very much appreciated.

Beth

[Amethyst]

This part

"Fail to give information relating to the identification of the driver of a vehicle when required"

sounds as though the previous notices, that require you to respond and indentify the driver, haven't arrived or have but haven't been responded to.

The original NIP should have arrived within 14 days of the offence.

[lgfa92]

The charge of failing to give information will be in reference to a S172 notice for information as to the driver of the vehicle at the time of the alleged offence - failure to respond is 6 points and a Band C fine. The offence,for that aspect, would have been committed at the point in time when the notice was not complied with.

[des8]

"laying information" means advising the court within 6 months, not necessarily advising the defendant.

[des8]

"laying information" means advising the court within 6 months, not necessarily advising the defendant.