Speeding Ticket 10 April 2013

[tony.b.johnson]

I work in a small garage who own several company cars. We are allowed to use these cars to pick up customers etc.,

On 10 April 2013, one of the company car was photographed doing 35 mph on a 30 mph limit area. The following week, a Notice of Intended Prosecution was received. As the owner cannot identify who the driver was, he requested further information. A couple of letters were exchange in the ensuring two months. At the end of October 2013, the Garage received a Summon to appear at the Magistration Court. The owner pleaded not guilty on the provided form.

Now a hearing date has been set for early February.

I understand that Section 127 of the Magistrates Court Act 1980 provides that these kind of matters should be dealt with within 6 months.

Here are the sequence of events:

1. 10/04/2013 Car photographed doin 35 mph on 30 mph road.

2. 17/04/2013 Notice of Intended Prosecution issued.

3. 22/04/2013 Letter request for further infromation.

4. 24/04/2013 Responded to the request.

5. 01/05/2013 Reply to the letter of 24/04/2013

6. 12/06/2013 Letter from Fixed Penalty Support unit, saying 'There is currently no Fixed Penalty procedure in respect of cases where the keeper of the vehicle is unable to provide information to identify the drive. Tje file now forwarded to Summons Procedure Unit who will i due course issue a summons against the registered keeper or nominated user.'

7. 22/10/2013 Summon from Magistrates Court received. Stating: 'Date of information: 21/10/2013.....'

8. 29/10/2013 Not Guilty plead sent to the Magistrate Court.

9. 16/01/2014 Summon received.

 

In light of the above sequence, I think the Magistrates Court should not be dealing with this case anymore, as the 6 month period has lapsed.

Can anyone please advice?

Many thanks.

[havinastella]

I'm not 100% sure, but I think you'll find the summons is for 'failure to Supply' rather than the speeding.

[Raykay]

In England and Wales the information for the summons has to be laid before the court within 6 months of the offence.

In Scotland the summons has to be issued within 6 months of the offence.

 

 

As above, as they don't know who the driver was, the summons will be for failing to nominate the driver.

The 6 months for that offence will be later than the speeding offence, usually 28 days after the requirement was served, making it about the middle of May, and the 6 months the middle of November, unfortunately within time.

[sgtbush]

with all the paperwork going back and forth it is considered an investigation.

the company owner should have adiquate records knowing who is in what vehicle at what time, it is his/her responsibility

i would suspect a charge of failure to provide driver identitiy as required in law will be issued

[sailor sam]

I think you are clutching at straws. As has already been pointed out, the process was within the time scale (NIP issued within 7 days, NTO issued requesting further info etc). So basically all that has happened is that the "clock" has been paused to obtain the details of the driver.

 

So now the offence will be failing to disclose the driver's details. Not knowing who it was, isn't a defence and the RK of the car will now face prosecution for that offence.

[Aretnap]

Not knowing who was driving can be a defence, but you would have to prove that you could not have discovered who was driving with reasonable diligence. If the accused is a company rather than an individual, they must also prove that no record was kept of who was driving, and that the failure to keep a record was reasonable - not easy unless the car was stolen as there's a presumption that a company should keep a log of who uses its vehicles. The silver lining is that a company doesn't have a driving licence and can't get points, though there'll be a hefty fine to pay instead. Don't expect much change from a grand.

 

21 October would have been too late to lay the information had the charge been speeding, but as above failure to furnish would have been committed some weeks after the original speeding offence. So long as the information is laid within 6 months of the offence there is no particular deadline by which the case must actually be heard.