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A ruling by Lord Justice Elias in the Divisional Court on Thursday has finally brought clarity to the question of "posted to arrive within 14 days" or "arrived within 14 days" regarding the service of NIP's.
In 2007 a statutory notice was sent warning Peter Gidden, 48, who runs his own specialist Toyota sports car workshop, that he had been caught by a speed camera and the police intended to prosecute, but it arrived two days late. The law states that such notices must be delivered within 14 days.
In his ruling, Lord Justice Elias said Gidden's appeal "must succeed", and Mr Justice Openshaw agreed. Lord Justice Elias said: "The notice of intended prosecution was not sent in time and could not be regarded as having been properly served. "It follows that the conviction must be set aside." He rejected arguments supported by lower courts that so long as prosecution warning notices were posted within 14 days - so that in ordinary circumstances they would arrive in time - they were deemed to have been properly served. Lord Justice Elias said: "This case raises an issue of some topicality given the current postal strike and is of no mere small interest."
More info in this thread over on Pistonheads, and in this Times Online article.
From what I can make out it was lower courts in Humberside who couldn't understand and apply the law properly
In 2007 a statutory notice was sent warning Peter Gidden, 48, who runs his own specialist Toyota sports car workshop, that he had been caught by a speed camera and the police intended to prosecute, but it arrived two days late. The law states that such notices must be delivered within 14 days.
In his ruling, Lord Justice Elias said Gidden's appeal "must succeed", and Mr Justice Openshaw agreed. Lord Justice Elias said: "The notice of intended prosecution was not sent in time and could not be regarded as having been properly served. "It follows that the conviction must be set aside." He rejected arguments supported by lower courts that so long as prosecution warning notices were posted within 14 days - so that in ordinary circumstances they would arrive in time - they were deemed to have been properly served. Lord Justice Elias said: "This case raises an issue of some topicality given the current postal strike and is of no mere small interest."
More info in this thread over on Pistonheads, and in this Times Online article.
From what I can make out it was lower courts in Humberside who couldn't understand and apply the law properly
