Speeding ticket 30/11, letter sent 12/01...do I have a case?

[Ajb2016]

Hi

first post on here. Im after some advice if possible.

I have received a notice of intended prosecution regarding a speeding offence. I have a lease car.

the letter I have received is dated 12/01/16 for an alleged offence on 30/11/15. - is this outside of the 14 day period plus the reasonable time allowed to get my details from the Lease company?

Also so I rang the Police and asked for a copy of the I,age they took - the lady refused saying it was too blurry so she couldn't. I have therefore emailed them asking for this image to be sent to me. Do I need to put this in writing via Royal Mail or is email sufficient?

what are the chances of having this quashed?

Thanks in advance!

[R0b]

Re: Speeding ticket 30/11, letter sent 12/01...do I have a case?

Email to them is certainly valid and you have a written record of it so keep the email. Continue chasing them every few days or so as they may just not reply and continue to take you to court.

As for the NiP, it has to be issued within 14 days to the registered keeper, it does not matter if the lease company took longer than 14 days in finding the driver it is still validly served. Your only defence on this point is if you can establish that the NiP was not issued within 14 days.

The police have 6 months to prosecute once issued.

Have you got a copy of the NiP?
Is this your first speeding offence?
How fast do the police allege you had gone over by?

[Ajb2016]

Re: Speeding ticket 30/11, letter sent 12/01...do I have a case?

I have had previous points but they went off my license 5 years ago so at present I have 0 points. I am alleged to have been doing 69 in a 60 zone.

[wales01man]

Re: Speeding ticket 30/11, letter sent 12/01...do I have a case?

Unlikely you will get the image before court and maybe not in court either if its a speed camera its evidence you were speeding and you are guilty unless you plead not guilty in court and are found guilty the fixed penalty and number of points may increase.
read some local court reports to see penalties for this offence that have been handed down

[Ajb2016]

Re: Speeding ticket 30/11, letter sent 12/01...do I have a case?

This is my first letter that I have received. The letter says that they will offer me conditional speed awareness course etc or 3 points and fine!

I'm not denying that I probably did speed that day...had only had the car 3 days!!

But...if by law they have to contact me within 14 days and we are now 6 weeks post incident so if they have broke the rules then yes I'm going to try and exploit them.

There are template letters online for this kind of incident!

Also the last question I've got is, if I send a letter tomorrow contesting it, how long do they have to get back to me?

Thanks

[des8]

Re: Speeding ticket 30/11, letter sent 12/01...do I have a case?

From Thames Valley Police:
Most forces will not release photographic evidence unless the ticket is challenged (plead not guilty). You should then be sent the evidence, which will usually include the photographic evidence and/or a statement.
Any person accused of a criminal offence has the right to defend themselves and in order to do this, evidence of the breach of law must be provided to them. There is no requirement as to exactly what that evidence must be, only that it is evidence of the breach of the law and that you will be able to have a fair hearing.
You will not then be able to pay the ticket; you will have to attend court.

[Amethyst]

Re: Speeding ticket 30/11, letter sent 12/01...do I have a case?

That 14 days is the NiP to the registered keeper.

This bit applies if you are not the registered keeper .... ( I'm not sure how lease companies and registered keeper works )

Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or

(b)that the accused by his own conduct contributed to the failure.

so unless the NiP was given to the reg;d keeper ( the lease company) outside of 14 days I don't think there's a massive argument.