Question to the Department for Transport:

To ask the Secretary of State for Transport, what assessment her Department has made of the effectiveness of the current system whereby proof of posting is treated as proof of delivery for notices of intended prosecution for speeding offences; and whether she has considered introducing additional measures in cases where delivery is disputed.

Notices of Intended Prosecution are issued by the police, not by the Department for Transport. The Road Traffic Offenders Act 1988 requires, for certain offences including speeding, that a person is warned at the time of the offence, or that a summons or notice of intended prosecution is served within 14 days, and provides that compliance with those requirements is presumed unless and until the contrary is proved.

Where service of a Notice of Intended Prosecution is disputed, it is for the court to consider the evidence in the individual case. The Department does not issue Notices of Intended Prosecution and enforcement is a matter for the police.

The Department has not made a separate assessment of this issue and has no current plans to introduce additional measures, but keeps the relevant legislative framework under review.