Name the Driver: What to Do When a Notice of Intended Prosecution Arrives: The Two Deadlines in One Envelope, Why the Form Costs Six Points and the Speeding Only Three, and How to Count Yours - Tapa blanda

Sinopsis

Two documents came in one envelope. They run on different clocks. The one nearly everybody ignores carries twice the penalty points.

A Notice of Intended Prosecution and a request for the driver's details are printed on the same run and folded together, which is why most people treat them as one letter. They were made under two different Acts.

The notice is section 1 of the Road Traffic Offenders Act 1988. Its fourteen days runs from the offence, it was theirs to meet, and it is satisfied by service on the registered keeper rather than on you.

The request is section 172 of the Road Traffic Act 1988. Its twenty-eight days runs "beginning with the day on which the notice is served", which is not the date on the letter and not the day you opened it.

And the arithmetic almost nobody is shown: speeding at the bottom of the range is a Band A fine and three penalty points, and may be a course instead. Failing to give the driver's details is six points and a Band C starting point, with no course and no fixed penalty to soften it. Twice the points and three times the fine, for the paperwork rather than the driving.

This book is one envelope, quoted rule by rule.

• How to work out your own real deadline from the postmark, using rule 4.11(2) of the Criminal Procedure Rules and the words "unless something different is shown"
• Why Gidden v Chief Constable of Humberside set aside a conviction where the notice went by ordinary first class post and arrived on day sixteen, and the honest limits of that argument after the 2022 amendments
• The trap in section 75(8A)(b): at nine points, paying the conditional offer discharges nothing and the matter goes to court whether you paid or not
• What section 172(4) reasonable diligence actually looks like on paper, and why "I do not know" on its own is the offence rather than the defence
• Section 172(7)(b), for people who could not answer in time, and the difference between could not and did not
• The arguments that fail, including the one two men took to the Grand Chamber and lost fifteen votes to two
• Companies, hire cars and pool cars, where the defence is narrower and directors are personally liable
• Twelve points, and what the guidance really says about exceptional hardship

England and Wales. Nothing is sold in it and free help is named.

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