A lot of people are asking me how David Beckham escaped points and a fine for speeding when he admitted that he had done so.
The answer is that there are rules that the prosecuting authority must comply with to make the prosecution valid. There is a basic defence and often applied by our motoring defence team.
The registered keeper of a vehicle caught on a speed camera has to be sent a Notice of intended Prosecution within 14 days of the offence. That notice has to be received within that 14 days. The notice in this case was sent to Bentley, who had loaned a car to David Beckham, and their postroom date stamp post on the day it arrives.
Ordinarily the letter should have been received in time with first class postage but their date stamp showed that the letter arrived one day after the 14 days expired. This meant that the rules had not been complied with and so the prosecution was deemed invalid, notwithstanding any admissions that the offence had been committed.
The moral of the story is – do not leave things to the last minute or to chance.
– Chris Wong | Partner and Criminal Defence Solicitor