This news story came to my attention recently, which I thought would be worth covering in a blog.

In a nutshell, Paddy McGuinness was caught doing 53mph in a 40mph zone last August 2016.  He originally admitted a charge of failing to provide information on who was driving and was given 6 penalty points – triggering a ban as he already had 6 points on his licence.

But Mr Freeman – known as “Mr Loophole” due to his ability to help clients escape driving convictions – argued McGuinness was never sent the relevant paperwork.

An interesting point here is that the paperwork in question is usually sent by second class post, meaning that there is no automatic presumption of delivery so it can easily be argued that (he) never received it.

The court heard McGuinness had moved house 3 times in the last 2 years and although he was the registered owner of the vehicle, he had not received a notice of intended prosecution (“NIP”) or a reminder.

Mr Freeman said at the time of the offence, McGuinness had been having work done on his car so asked for the speed camera photograph to be sent to him – but he never received it.

The lawyer told magistrates the prosecution had failed to provide any documents or evidence to the defence and had failed in its legal duties.

Speaking afterwards, Mr Freeman said: “Mr McGuinness did not receive the notice of intended prosecution, nor the reminder, that were both allegedly sent to his home address.

The key points here are to always ask for the speed camera photograph every time if you are unfortunate enough to be caught by these money making machines, and to bear in mind that all paperwork is usually sent by second class post meaning that there is no automatic presumption of delivery.

I cover various scenarios like this complete with templates based on real-life test cases that work in my book now on sale via Amazon as an e-book and paperback priced £2.99 / £7.99.

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