Thousands could escape speeding fine because of postal chaos

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Thousands could escape speeding fines because of postal chaos

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Thousands of motorists could escape speeding fines because of delays caused by the postal strike, it has emerged.

Drivers caught speeding must receive a "Notice of Intended Prosecution" within 14 days of the incident.

If this is not done, then the prosecution is "fatally flawed" said Nick Freeman, the solicitor known as "Mr Loophole" who has specialised in handling in high profile cases.

About 58,000 motorists a week are caught speeding by safety camera partnerships. In most cases they are fined £60 and receive three points on their licence.

However some prosecutions go to court, where the offence is considered more serious or where it is contested by the driver.

Under normal circumstances the notice is deemed to have arrived on the second working day. But this is not practical during a postal strike.

"A motorist who receives a notice late must keep the envelope and ideally get a witness, if possible the postman, to confirm when the letter was delivered.

"It is a good idea to keep a diary as well, to provide further proof," Mr Freeman added.

"But they must not ignore the notice, even if it arrives late. The keeper of the car has a legal duty to say who was driving at the time.

"If this is not done, the car's owner will receive a summons for the separate offence of failing to name the driver, which attracts six points.

"The motorist would also lose the defence provided by the original notice having arrived out of time.

"Drivers would be well advised not to take advantage of the postal strike to pretend the notice arrived late, when it did not.

"They would face prosecution for perjury and attempting to pervert the course of justice, for which they would go to prison."

In speeding cases the courts normally assume that the notice arrived within 14 days and it is up to the motorist to prove - on the balance of probabilities - that it did not."

Mr Freeman predicted there could be thousands of lucky motorists who would benefit from the strike because using couriers would not be regarded as cost effective.

Drivers who receive parking fines may not be so fortunate, according to Barrie Segal, who runs the AppealNow website.

A driver who finds a parking ticket on his or her windscreen normally has 14 days to appeal by post or, if they have access to a computer, by email.

In addition councils normally offer a 50 per cent discount if the fine is received within 14 days. A driver sending a cheque could run the risk of being charged the full amount.

Also if appeals and cheques are lost in the post, there is the further risk of the fine being registered as a debt at Northampton County Court.

This would increase the bill because of administration and possible bailiff charges.

"I have not heard of any councils offering to extend the deadline." said Mr Segal. "Motorists should make sure they deal with payments and appeals as fast as possible."

The position for someone receiving a parking ticket issued by camera is even more difficult, because the penalty may not arrive triggering the threat of enforcement action before the driver is even aware that he or she was liable to a fine in the first place.