DRIVING above the speed limit is a serious offense that can cause injury and result in fines – or even a driving ban.
Here’s everything you need to know about what it means to not receive a letter notifying you of a speeding ticket.
Can I dismiss a speeding ticket after 14 days?
When you receive a speeding ticket, you should receive a Notice of Intended Prosecution (NIP) and a Section 172 warning.
You may have heard that if you receive a speeding ticket in the mail more than 14 days after you were caught, the ticket can be dismissed – but it’s more complicated than that.
The police will need to prove that the fine should have reached you within 14 days in normal circumstances.
This means the letter could go to an old address if you haven’t updated your license, or it could go to a rental office or your business address if the vehicle isn’t yours.
Even if the ticket goes to one of these wrong addresses within 14 days, the attempt was made to reach you and is therefore still valid, even if it takes a little longer to reach you.
Likewise, delays caused by postal service problems do not affect the rule, meaning if it is posted in time to arrive during normal postal service, it will not influence the courts.
The day you were caught is not included in the 14 day period.
For example, if the speeding incident happened on January 1st and the speeding ticket comes to you on January 16th, you will have grounds to contest it.
Does the 14 day rule apply if the letter is sent to the wrong address?
The address where your car is registered is where the letter will be sent by the DVLA.
If you recently changed address and it was sent to your previous address, you may have grounds to contest it and avoid an increased fine.
However, if you have not updated your address and the letter is sent to your old address, attempts have been made to contact you and therefore the fine will remain valid.
Furthermore, if your address details are correct and the fine was issued within the first 14 days, it cannot be rejected.
3
When can I contest a speeding ticket?
The first thing you need to do is respond to the speeding ticket by pleading not guilty.
You will then be summoned to a court hearing.
However, contesting a speeding ticket can be difficult if you don’t have the right evidence.
You could challenge it if the notice was incorrect – for example, if you were not driving when the alleged offense occurred.
Challenges will also not be accepted if the ticket issued contains spelling mistakes or small errors such as the color of the vehicle in question.
It’s also tricky to dispute the evidence captured by the camera – unless you can prove that the specific camera was faulty at the time the ticket was issued.
What is the penalty for not paying a speeding fine?
There are two ways to stop paying a fine in a Fixed Penalty Notice (FPN).
The first is to reject the FPN from the beginning, which means you will receive a court summons.
3
But this means you could face a heavier fine and receive more points on your license if the court finds you guilty of speeding.
The amount of the fine will depend on what the speed limit was on the road you were speeding on and how much you exceeded the limit.
The fine is also usually a percentage of your weekly income and a maximum of £1,000 – the minimum penalty for speeding is a £100 fine and three penalty points on your driving license.
However, this can cost a maximum of £2,500 if you are driving on the motorway.
Ten things YOU should know as a car owner
To help you feel more confident as a car owner, here are ten things you should be familiar with about your vehicle:
In some cases, you may even be disqualified from driving or have your license suspended.
The second way to be penalized is to accept the fine notice but not pay within 28 days.
The fine will be registered in court and will automatically increase by 50%.
It is then up to the court to impose the fine – they also have the option of issuing an arrest warrant if you do not respond.
What is the Road Traffic Offenders Act 1988?
Under the Road Traffic Offenders Act 1988, drivers can be prosecuted for:
- Dangerous, careless or reckless driving
- Failure to comply with traffic signs or instructions from a police officer on traffic duty
- Leaving a vehicle in a dangerous position
- Speeding (if not dealt with in the fixed penalty system)
Drivers can only be convicted of the offense if they were warned at the time it occurred that prosecution would be considered, or if a written Notice of Intended Prosecution (NIP) specifying the nature of the offense as well as the time and place occurred, was notified to them or the registered keeper of the vehicle within 14 days.
This story originally appeared on The-sun.com read the full story
