Case Studies

First Class Post is no Guarantee of First Class Outcome

If you receive a notice of intended prosecution for driving offences in the post, relying solely on the good people of the Royal Mail to return the completed document will not always be a guarantee of receipt by the authorities and could result in a conviction of an offence contrary to section 172 of the Road Traffic Act 1988.

Mr K, a long-standing client, discovered just this when he was required to furnish details of the driver of a vehicle registered in his name which had activated an automated speed camera. He completed the form with the driver’s details and posted it back in the prepaid envelope provided, then heard nothing further of the matter.

He was then shocked to receive a request to attend court for failing to do exactly what he thought he had done. It transpired that the completed form was never received by the central ticket office.  Mr K had fortunately photocopied the completed form and was able to use this to support his case when we represented him at court, following which he was acquitted.

Without the copy of the completed form, Mr K may well have been convicted, his driving licence endorsed with six penalty points and ordered to pay a fine and court costs.

Our advice to anybody receiving a notice of intended prosecution is:

  1. Do not ignore it – act upon it immediately
  2. Photocopy any documents you send back for you records
  3. Do not just rely upon the  first class post as the post can go astray – although there is no legal obligation to do so, we would strongly advise you to obtain a certificate of posting or use recorded/registered/special delivery and keep the documents safe
  4. If unsure about what to do – contact us without delay on 0161 928 3848 or email mch@mchaleandco.co.uk, you only have twenty-eight days to respond to the notice to fulfil your legal obligations