Speeding offences and traffic light offences which are proved by way of photographic evidence do not require the driver to be stopped at the time of the offence. In such circumstances, the normal method is to serve a "Notice of Intended Prosecution" on the registered keeper of the vehicle. This document has to be issued within 14 days of the offence. It gives the keeper 28 days in which to identify the driver who would then normally receive a Fixed Penalty Notice.
You cannot be convicted of certain road traffic offences unless you have been warned that the question of prosecution would be taken into consideration by way of a notice of intended prosecution (Section 1 Road Traffic Offenders Act 1988).
Section 2 RTOA 1988 states that the prosecution does not have to comply with section 1 if, owing to the presence on a road of a vehicle in respect of which the offence was committed, an accident occurred at the time of the offence or immediately afterwards. However, a notice is still required if the defendant was unaware that there had been an accident: see Bentley -v- Dickenson  RTR 356.
Under section 1(3) RTOA 1988 the requirements of that section are deemed to have been met unless and until the contrary is proved. The prosecution will not have to call evidence that section 1 has been complied with unless the defendant proves, on a balance of probabilities, that no effective notice was given. The issue can be raised at any relevant stage of the proceedings or decided as a preliminary point.
By virtue of section 2(3) RTOA a failure to meet the requirements shall not prevent conviction where the Court is satisfied that:
A claim that the requirements of the section have not been complied with is a popular technical defence. There are many decided cases on various aspects of the provisions.