Safe Speed Forums

Hi, been a while since I last posted. Anyway I got caught on a speed camera back in August last year whilst in Cornwall on holiday. Due to the severity of the offence I recieved a letter saying that the matter would have to go before the magistrates court in Plymouth (or thereabouts). This letter arrived back in October and I havent heard anything since. I have heard however, that if the camera was found to be fualty then all offences recorded during that time of operation are voided. Can anyone confirm this and if it is true are the courts obliged to inform me of this.
Just to cover my back here I have learnt from my mistake and have been driving very sensibly ever since.
If anyone can hepl me on this one it would be great!
Cheers!
Dan

They may get around to issuing the command to appear in court and probably will.
If, however, and I'm not necessarily advocating this, you had moved without a forwarding address they would find it difficult to chase you and after 2 or more years would probably wipe the offence from their records. It's just a suggestion. As far as I know, if you moved there is no liability on you to write to inform them - just don't re-register your car's address or change your address on your licence during this time.
I know someone who moved to France after the issue of the NiP and he never got caught. He was away for 5 months and when he returned to the uk he had a new address and another car.

what a brilliant idea. Spend several thousand pounds moving/replacing vehicles to avoid a smaller fine. Don't know why I didn't think of it myself

I would disagree with the last post. You have a duty to register your change of address.

However they have to start proceedings with the court within 6 months and if you haven't heard anything you may well be in the clear.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

You must tell DVLA at once of any change to your permanent address. Failure to notify any changes is a criminal offence, punishable by a fine of up to £1000.

But if you change your address with an old style licence- a new photo one is free.
http://www.dvla.gov.uk/coa.htm

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lets bring sanity back to speed limits.
Drivers are like donkeys -they respond best to a carrot, not a stick .Road safety experts are like Asses - best kept covered up ,or sat on

Thats a great help.
Anton please can you clarify then does the 6 months go from the date of the offence, or the date I was notified by means of an NIP or by the letter I got from Devon and Cornwall Constabulary back in Sept that stated that the courts would have to deal with it. It wasnt a court summons just a very short letter telling me to expect a summons soon which I dont think consitutes starting court proceedings, I think that would happen as soon as a court summons appears.
If so then that means its now been 6 months. Starting to feel very very lucky here! Wont get my hopes up though!

They have 6 months from the date of the offence to lay the information before the court. From a practical point of view that means that you can normally breathe a sigh of relief about 7 months after.

This all depends on your circumstances. For example, if you tripped a camera and then ignored all letters from the scamerati then they could summons you 6 months + 28 days from the date of the speeding offence, as that's when you would have failed to provide information. The charge would be failing to provide driver info as requested under S172. If you did, however, provide full details of the driver as requested, licence No, DOB etc then the information would have to be laid within 6 months of the date of the actual speeding offence.

So, to sum up, speeding you are free and clear after 6 months. S172 after 6 mths +28 days, give or take (come on, you didn't think it'd be that straightforward, did you? )

Clearer?

Please don't assume that, if you haven't heard from them by their deadline, that all is ok. It's common for a summons to turn up at '6 months + 3 weeks' but be dated '6 months minus 1 day' and so be within the information laying rules. Not that I am suggesting an abuse of process by the cops/CPS etc. No sir.

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Less Kodak, more Kojak.
In times of deceit, telling the truth is a revolutionary act.

Thanks Im now keeping my fingers crossed! Just having this hanging over my head for so long is enough punishment!