Practice and Procedure

R (on the application of PURNELL) (Claimant) v SNARESBROOK CROWN COURT (Defendant) & CROWN PROSECUTION SERVICE (Interested Party) (2011)

PUBLISHED March 30, 2011

[2011] EWHC 934 (Admin)

The Road Traffic Act 1988 s.172 did not create a duty, as such, on a registered keeper of a vehicle to make sure that he was available at the registered address to receive communications such as notices of intended prosecution; rather, a failure to be so available was simply a factor which might make it very difficult, if not impossible, for a registered keeper to discharge the burden on him of proving a defence under s.172(7)(b), particularly if that defence was that it was not reasonably practicable to comply with the notice because it was never delivered to the registered address.

DC (Sir Anthony May (President QB), Sweeney J)