Statute of limitations re: speeding offences?

came across this site ages ago :wink: that may be of some use to all here if this is in wrong place im sure a mod will move it :wink: heheheh
traffic-answers.com/forum/index.php

i was wondering if anybody knew if there is a statute of limitations (i.e a time limit) for a prosecution for a road traffic offence?(specifically speeding in this case)

i know that they must send you a ā€œnotice of intention to prosecuteā€ (n.o.i.t.p) within 14 days of the alledged offence.

i was sent 2 n.o.i.t.pā€™s last june i replied to them but did not sign them,i was then sent another 2 and did the same and again for a third time in november since then i have heard nothing from them.

iā€™m not trying to avoid the courts as i can prove (via my tachoā€™s) that i was not even moving on 1 occaision and within the speed limit on the other both are for the same camera (A141 huntingdon towards warboys camera dosnā€™t flash when takes pics) within 2 days of each other.

iā€™ve been told that a summons must be issued within 6 months of the date of offence is that right? :open_mouth:

I believe the six months thing is correct, but I have cut `n pasted your query and posted it elsewhere and will get back to you with the response I get.

Vince

thanks vince :laughing:

it is 6 months and from experience they usually leave it until the 25th week of 26 before they send it out :unamused:

The requirement is that ā€œthe Information has to be laid within six monthsā€ - that means, in everyday terms, that the summons has to be applied for within six months.

It can be issued and served after the six months.

just waiting for the summons to get the new year off to a great start.

it means having to take a day off to go to court and all the aggro that intails.

i am reasonably confident of the right verdict as i say i do have tacho evidence to the contrary of the camera but in a british magistrates court anything can happen ā€¦ i was once convicted of having no insurance at basingstoke magistrates even though i had it in my hand in court i had to get the cnviction overturned at an appeal

If there is any doubt as to the identity of the vehicle, then you have the right to see the photos. It will say this somewhere on the NIP.

Write-politely- and ask for the photos. The Police will send you at least one of the two photos which were taken at the time of each alleged offence (Cameras have to take two photos to confirm ā€œelapsed distanceā€)

If the motor vehicle- ie the tractor unit- cannot be identified from the photograph, then the Police have insufficient evidence to bring a prosecution.

In the vast majority of cases, the camera is activated by the rear of the semi-trailer as it passes the camera and the tractor unit (ie the motor vehicle) is not shown in the photograph, having already exited the camera`s field-of-view.

Any argument presented by a motorist normally results in the Police dropping the case.

Please be polite when you write to them. Like us, they are simply doing a job.

Hope this helps,

Vince

Hi Everyone,

I have a similar problem below, mods if you want me to start a new thread I canā€¦!

I got caught speeding when I went into an average speed camera zone on the M1 missing the first marker, but I got flashed so they must have had a fixed camera on this bridge I went under as well!

I had taken my foot off the accelerator to drop my speed before I hit the first average speed camera (Waze satnav tells you where they are)

So the NIP arrived within 5 days and I admitted the offence which was 1.30am on 06/03/24 and heard nothing back from them until a week or so ago a ā€˜single justice procedure noticeā€™ arrives dated 04/09/24 which is exactly 6 months after the speeding offence well 5 months, 4 weeks and 1 day!

And say it took 2 days without delays by RM to deliver it, would this make it statute barred as I never received the proceedings letter within the 6 months time frame?

Your own vehicle registered in your name or a company vehicle? It makes a difference.

Think you will find itā€™s 6 months for summons raised rather than summons served

I think youā€™ll find that a tachograph recording is not admissible evidence in a British court as proof of speed. I seem to recall that back in 1980, when tachos were becoming a requirement, the Association of Chief Police Officers (ACPO) requested it this way. It works both ways of course, which is why British police cannot prosecute you for historical speeding from a tacho as the Germans for instance can, but we canā€™t use it as a defence. Speak to a specialist solicitor before relying on your tacho to get you off.