Motoring Case May Result in Less Prosecutions

26th March 2012
Motoring Case May Result in Less Prosecutions image

Motoring Case May Result In Less Prosecutions

If a vehicle travels through a speed camera above the legal limit, the next step in the process is that the Police issue the Registered Keeper of the Vehicle with a Notice of Intended Prosecution which requires that person (either a company or an individual depending on who owns the vehicle) to name the driver. If this is done and the driver is identified, then that driver may be offered a speed awareness course, or a fixed penalty or in the worst case be prosecuted at Court. The requirement to provide this information is under section 172 Road Traffic Act 1988 and the notice received is often referred to a section 172 notice.

However, there are many occasions when the recipient of the notice is unable to provide the necessary information as to the identity of the driver. The recipient even though they may not have been the driver themselves could face prosecution for failing to provide the identity of the driver and have 6 penalty points endorsed upon their licence.

For a summary only offence which most motoring offences are, the prosecution have to lay the information before the court within 6 months of the date of the offence. A recent Scottish case has cast doubt on the approach to these prosecutions and the legality of many prosecutions brought by some police forces may now be called into question. It should be stressed at this point that until the same issue is heard by an English court the judgement in the Scottish case is merely of persuasive value, although it is noted that it was persuasive enough for Greater Manchester Police to withdraw 300 cases that may have been out of time as a result of the ruling.

The ruling in the Scottish case was that the 6 month time limit for bringing a prosecution applied only when the initial offence of failing to provide the information took place ie at the end of the 28 days that the recipient of the notice had in order to provide the information. Many police forces incorrectly believed that they could prosecute within 6 months of any request for the information ie they could keep sending out further notices to the same recipient effectively rendering the time limit as meaningless.

What does this mean for motorists? Well if you have received a summons or charge for failing to provide information as to the identity of a driver (or ever in the future find yourself in that position) you should seek immediate legal advice as to whether the proceedings have been commenced within time. Common scenarios in which this problem can arise are where there is a company vehicle with different employees permitted to drive it or families in which more than one person may have driven the vehicle (eg husband, wife, teenage children etc) and due to the passage of time the Registered Keeper is unable to name the driver at the time of the incident.

It is not clear whether all police forces will follow the example of Greater Manchester Police and so other forces may still seek to commence proceedings outside of the 6 month time limit in which case the Defendant would have a strong legal argument to suggest that the proceedings are time barred.

Should you require any advice in respect of an allegation of speeding or failing to provide information as to the identity of the driver or indeed any motoring law issue please do not hesitate to contact Daven Naghen or Anita Toal on 01775 722261 or by email daven.naghen@maplessolicitors.com or anita.toal@maplessolicitors.com.


Who Will You Be Entrusting With Your Conveyancing? image

Who Will You Be Entrusting With Your Conveyancing?

WHO WILL YOU BE ENTRUSTING WITH YOUR CONVEYANCING WORK?  THE CHOICE IS YOURS!

Are the selling agents or perhaps the mortgage broker pushing or trying to persuade you to use a particular conveyancing firm? If so, we would strongly recommend that you ask the following pertinent questions so that, armed with all relevant facts, you are better able to make a reasoned decision:-

Why?

Are the agents receiving a kickback or referral payment from the firm concerned? Using a firm in cahoots with an estate agency inevitably leads to a potential conflict of interest. Will such firm be working in your best interests or simply those of the introducer? Here at Maples we pride ourselves on being completely independent and we consider the idea of a referral fee both abhorrent and unethical. We much prefer to obtain our work based on past performance and recommendation.

How Much?

Do not be misled by a seemingly attractive basic figure initially quoted but be sure to enquire about and read the small print for add ons for so called “extras” (such as mortgage costs, preparation of a stamp duty land tax return, telegraphic transfer fees and the like) which suddenly spring up at a later date and only become apparent in the firm’s final statement. Ensure that you are comparing like for like. Here at Maples, we give you a complete and all inclusive rundown of our professional charges and all disbursements at the outset, with no hidden extras.

Where?

Is the firm local or, as is more likely, based in a completely different part of the country? If the latter, then the transaction will, without a doubt, be dealt with by post, phone or email and lack any personal contact. Here at Maples we are fully accessible, like to meet our clients to discuss and advise upon the transaction face to face and share with you the benefit of our wealth of local knowledge and experience.

Who?

Will you actually be aware as to who will be dealing with the matter for you or will you simply be a reference or matter number at the end of a phone in a firm dealing with volume conveyancing? Here at Maples, you will be assigned to your own experienced and dedicated conveyancer who will be responsible for and deal with the transaction for you from beginning to end, with a high level of personal service throughout.

Making a hasty and bad appointment could seriously prejudice or delay your transaction and cost you dearly. Getting honest answers to these four simple questions at the outset could make all the difference.

To discuss any Conveyancing matters please contact either Claire Smith or Anita Zaborniak of our Conveyancing Team or telephone the office 01775 722261.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.