S172 Motoring Offence

We as received a speeding offence which has not ended up in court!
Driving offence, speeding, 4th July 2022 - first notice issued to us as the registered keeper dated 7th July - never received, it was in the middle of all the postal strikes!
Second, reminder notice sent on 5th August - we received it on the 23rd August and returned it straight away with the details of the driver.  By post - this police force do not offer an online option.
Also no acknowledgement service etc - so no idea if they ever received it - but as a haulage company we have a few and have never had any problems with these matter ever before.
Then received notice to say we had been charged with a criminal offence, for not completing the S172 - this was dated 20th January, 2023 - earlier threads on another post on here say that this should be issued within 6 months - is this correct?  And when does the 6th months run from?
I did actually return the form relating to the criminal offence, explaining the above - so if there is a 6 month cut off have I messed this up by returning it - or should I have just said that it was too late?


  • facade
    facade Posts: 7,014 Forumite
    Name Dropper First Post First Anniversary
    edited 24 August 2023 at 2:50PM
    The 6 months runs from the date of the offence (or the date that the offence became known)

    The offence is not completing an S172 dated 5 August 2022 so it will have been committed on the 28th day after it had been deemed delivered, call it 5th September, so they had to commence prosecution before 5 March.
    (unless they are prosecuting the original S172, dated 7 July, then they had until 7 Febuary ish to start proceedings)

    They can't prosecute for the speeding because the driver hasn't admitted that they were driving at the time and they have no proof who the driver is

    Are they prosecuting a person or a company? If it is a company there will just be the maximum fine and no points,
    A person gets 6 points on conviction.

    The defence is proving that the S172 was replied to, usually by showing a proof of posting. It is doubly unfortunate that the original S172 was not delivered either.

    Take this to pepipoo dot com for advice.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
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