A bus driver was allegedly involved in an act of careless driving and was sent notice of an intention to prosecute by registered post ten days after the accident. In fact he was on holiday and the letter was returned without ever being delivered.
Held: This did not constitute appropriate service within 14 days within the meaning of the relevant legislation, then section 21 of the Road Traffic Act 1930. The mere sending of a letter did not constitute service and section 26 of the Interpretation Act did not help because the presumption of service in the ordinary course of post had again been rebutted on the facts.
Goddard CJ and Hilbery and Donovan JJ
(1958) 2 All ER 255, [1958] 2 QB 187
England and Wales
Cited by:
Cited – Groome v Driscoll QBD 1969
The defendant, prosecuted for a minor driving offence of driving without due care and attention, did not receive the information of intended prosecution within 14 days as the statute required. He appeal by case stated.
Held: Schedule 4 to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 September 2021; Ref: scu.471007
