Two-part post)
The police have to either warn you at the time of the alleged offence that you may be prosecuted or, when you are caught by camera, you have to be notified within 14 days by means of a Notice of Intended Prosecution (NIP). There are, however, a number of �escape clauses� to this. The legislation says that the NIP must be sent so as to reasonably sure of it getting to the registered keeper within 14 days. This means that if it is delayed in the post the offence can still be pursued. The police do not have to prove that they posted the letter, or that it was received. If you do dispute that it was received it will be for you to show, in court, that this is the case. (I know � it�s hard to prove that something did not happen, but that�s the law as it stands).
The legislation also allows the police extra time to trace the driver in the case of the car having been hired or, in some circumstances, a company car. It says that they have to act �with due diligence� in their efforts to track the driver, but no time limits define this part of the legislation. The prosecution must, in normal circumstances, be started within 6 months of the offence.
(Continued)