This article is more than 1 year old

This article is more than 1 year old

David Beckham will avoid prosecution over a speeding charge, after his lawyer Nick Freeman, who calls himself Mr Loophole, argued that it had arrived a day after the legal time limit.

The former England football captain was accused of driving a loaned Bentley at 59mph in a 40mph zone on the A40 in Paddington earlier this year.

Beckham’s lawyer argued that “it would be unsafe to allow these proceedings to go any further” due to the original speeding notice arriving a day later than the statutory 14-day window.

“If the Crown can’t prove that the letter was sent by first class post then the concept that it arrives in two working days goes out of the window,” he said.

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District judge Barbara Barnes told the court that the notice of intended prosecution (NIP) was sent on 2 February and should have arrived at Bentley Motors Ltd, the registered keepers of the vehicle, by 6 February.

But she said she was satisfied on the evidence heard that it did not in fact arrive until 7 February – one day outside the statutory 14-day window.

Summing up, she said the law allowed for the “vagaries” of the postal system to be taken into account.

She said: “In this case I’m satisfied that the NIP was indeed sent within the 14 days to allow for it to be delivered within the 14 days.

“I find that on the balance of probabilities it’s more likely than not this NIP was actually not served on the registered keeper of the vehicle within the 14 days as required.

“What I find is the fact it did not arrive in the post room of Bentley Motors Ltd until 7 February and therefore was one day outside the legal limit.

“The defendant in this case cannot be convicted.”

The trial, which took place at Wimbledon magistrates court, heard evidence from four witnesses on Thursday with regards to the letter of intended prosecution which failed to arrive at hire company, Bentley Motors, within the legal time-limit.

Beckham, of Holland Park, London, did not appear in court, and had previously entered a ‘not guilty’ plea to the charge.