Bankside Law

Postal Strikes run down RTA prosecutions?

If you receive a notice of intended prosecution (NIP) 14 days after it was sent then it can be argued that it is out of time. The case of Gidden v Chief Constable of Humberside, DC, 29 October 2009, in which the court quashed a conviction for speeding, clearly states that a postal strike could not be used by the prosecution to overcome the delayed receipt of an NIP.

Section 1(1)(c), and sections 1(1A)(c) and 1(3) of the Road Traffic Act 1988, stipulate that a notice of intended prosecution is properly served where it is sent by first class ordinary post on a date that would normally lead to it being delivered within the 14-day time limit. But it was held that unless the notice was sent by registered post or recorded delivery, the presumption of delivery was rebuttable.

If a notice of intended prosecution is received 14 days or more from the date on the Notice then:

1. Check how the notice was sent (first class post, registered post, recorded delivery or special delivery)
2. If it has not been sent by a special postal delivery then you can argue that the notice is out of time and you should not be prosecuted.
3. Check with your lawyer the most appropriate way to respond in these circumstances.

The other interesting point will be whether this ruling can be applied to NIP’s for other offences, watch this space!

© Saadia Siddiqui, 2009