Taxi Driver Online

Postal Dispute gives CPS & Camera Partnerships No Hiding Place regarding NiP delivery

A Court decision (R v Gidden) has reinforced the precedent regarding the duty of care that the CPS & Speed Camera Partnerships must respect, regarding the delivery of NiPs (Notices of Intended Prosecution).

The verdict confirms that the CPS/Camera Partnership must ensure delivery of NiPs (Notices of Intended Prosecution), for e.g., speed-related motoring offences, to registered keepers within 14 days of the alleged offence.

Industrial action, such as the current postal workers' intermittent strike actions, cannot be used as an excuse to extend this period beyond 14 days.

Those defendants/registered keepers who can demonstrate a failure on the part of the CPS/ Camera Partnership to effect NiP delivery within the 14-day period will be able to defend the allegation. Be careful though because if you know who was driving you still need to name the driver. A defective NiP is only a defence to the original offence and not a defence to failing to name the driver.

Those interested in, or potentially affected by, the above developments should contact Emma Patterson at Patterson Law solicitors (website: http://www.pattersonlaw.co.uk; e-mail: e.patterson@pattersonlaw.co.uk).

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Puts an entirely new slant on the Postal Dispute.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

If you boarded up your letterbox for 15 days after an offence would that count? Posties not allowed to leave your mail anywhere is he?