Challenge to Posting of Notice of Intended Prosecution

A trial has taken place, at Exeter Magistrates Court, which challenged the posting and procedures involved in a speeding offence.

The offence was at 1240 hrs on 26/07/09 when a Mercedes C320 was recorded travelling at 41 mph in a 30 mph zone on the A3072 HIGHAMPTON.

The defendant, Sir Cyril Townsend, 72 from Devon, had admitted to driving the vehicle, but pleaded not guilty as he believed he had not been sent the Notice of Intended Prosecution (NOIP) within the stipulated 14 days of the offence.

It was explained to him on numerous occasions, by letter from the Safety Camera Unit, that the first NOIP was sent to the previous keeper, which was not him.

Having admitted to being the driver at the time of the offence he was sent the conditional offer of a £60 fine and 3 penalty points to be endorsed on his driving licence. He declined the conditional offer and the matter was passed to the Magistrates Court.

A DVLA printout confirmed that the vehicle had not been registered correctly until well after the offence. In court it was proved that the Safety Camera Unit had sent the NOIP correctly and on time.

The defendant was found guilty of exceeding the speed limit and received the following sentence - £500 fine, costs £100, victim surcharge £15 and 4 penalty points endorsed on his driving licence.