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‘Mr Loophole’ lawyer to the stars reveals how December’s postal strikes could help drivers evade fines and points on their licence if their speeding tickets arrive late
- If they successfully argue their case it is likely to be thrown out by magistrates
- He said to stop the loophole begin notifying people by email and text
A motoring lawyer used by celebrity clients has revealed how December postal strike delays could see drivers evade fines or even points on their licence due to the late delivery of speeding tickets.
Nick ‘Mr Loophole’ Freeman claims potentially thousands of motorists who were caught speeding during December could escape punishment because of the impact of the postal strikes – which could see notices of prosecution land in letterboxes too late to take any legal effect.
The leading lawyer told the Telegraph that the chaos caused by the strikes means thousands of drivers could potentially challenge their prosecutions by claiming their speeding notice did not arrive in time.
Nick ‘Mr Loophole’ Freeman claims tens of thousands who were caught speeding during December could escape the penalties because of the impact of the postal strikes
Under the current law, anyone caught speeding must receive a Notice of Intended Prosecution (NIP) within 14 days of the alleged offence. If the driver pleads not guilty and swears on oath that their NIP did not arrive within 14 days then the prosecution will have to prove that it did
Under the current law, anyone caught speeding must receive a Notice of Intended Prosecution (NIP) within 14 days of the alleged offence.
If the driver pleads not guilty and swears on oath that their NIP did not arrive within 14 days then the prosecution will have to prove that it did.
If the motorist successfully argues their case it is likely to be thrown out by magistrates.
Sending a letter first class through the Roayl Mail would usually guarantee a delivery in two days but the strikes meant the delivery company could not guarantee this.
Around 2.4 million speeding tickets are issued each year, meaning around 50,000 drivers are caught each week.
The leading lawyer told the Telegraph that the chaos caused by the strikes means thousands of drivers could potentially challenge their prosecutions by claiming their speeding notice did not arrive in time
Mr Freeman, who used postal delays in the past to get celebrity clients off motoring offences, is calling for authorities to close the loophole and begin notifying people by email and text as well as by mail.
He told the Telegraph: ‘Sending out letters in this day and age really does not make any sense especially when the Royal Mail is going out on strike.
‘It is possible lots of alleged speeders are slipping the net because of vagaries of our postal strike. The system needs to be changed and urgently – especially with more industrial action planned.’
He went on: ‘There is a very simple solution that would solve this problem and close the loophole.
‘In this electronic age, it should be a legal requirement that when anyone registers a vehicle with the DVLA they should have to provide both an email and mobile phone number as well as postal address.
‘That way notification of an impending prosecution for speeding can be sent out by text and email – so circumnavigating any postal loophole.’
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