Template letters:
1) The Registered Keeper has received a Notice of Intended Prosecution more than 14 days after the alleged offence.
Dear Sirs,
I refer to the attached Notice of Intended Prosecution dated [DATE] that I received on [DATE2]. I am the Registered Keeper of the vehicle specified in the Notice and have been the Registered Keeper since [DATE3]. I have completed the Request for Driver Details form as requested.
As you know, section 1 of the Road Traffic Offenders Act 1988 requires a Notice of Intended Prosecution to be served on the Registered Keeper within 14 days of the commission of the offence.
The Notice of Intended Prosecution was not sent in time and could not be regarded as having been properly served in accordance with the 1988 Act. Failure to comply with the aforementioned provisions is a bar to prosecution; see Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin).
Please confirm that no further action will be taken.
Yours, etc.
2) The Notice of Intended Prosecution was sent to the Registered Keeper within 14 days of the index offence but received by the Registered Keeper more than 14 days after the alleged offence. The ticket office staff mistakenly believe that service is the next day or when sent.
Dear Sirs,
Thank you for your recent correspondence in which you confirmed that the Notice of Intended Prosecution dated [DATE] was sent on [DATE2].You say that you considered the notice sent by first class post to be served the next day. It was not served the next day. It was served on [DATE3] ; that being the day of receipt.
As you know, section 1 of the Road Traffic Offenders Act 1988 requires a Notice of Intended Prosecution to be served on the Registered Keeper of the vehicle within 14 days of the commission of the offence. Exceptions to the rule are set out in section 2 of the 1988 Act; none of which apply to my case.
Section 7 of the Interpretation Act 1978 provides that;
“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”
What constitutes “the ordinary course of post” is set out in the Criminal Procedure Rules 2015 (as amended). Part 4 deals with service of documents. CrimPR 4.11(2)(b) provides that unless something different is shown, a document served on a person is served;
“in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched”
The Notice of Intended Prosecution dated [DATE] was not sent in time and could not be regarded as having been properly served in accordance with the 1988 Act. Failure to comply with the aforementioned provisions is a bar to prosecution; see Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin).
Please confirm that no further action will be taken.
Yours, etc.