Mum got an NIP, 40 in a 30 but the letter is LATE

Mum got an NIP, 40 in a 30 but the letter is LATE

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Zeeky

2,795 posts

212 months

Wednesday 16th May 2012
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Moogle said:
I do appreciate your help, just for balance I never said the US doesn't have it's own issues, this much is glaringly obvious to me in the month and a half I've been here however, perhaps I should clarify, in the specifics of traffic/road law I have significantly more rights here to defend myself than I do in the UK, also the entire system here (in regards to traffic/road laws) isn't quite obviously engineered to generate profit with little regard for ACTUAL road safety....
I have no criticism of you choosing to leave the country. Good luck to you. The impression I got from your posts is that you are exhorting anyone who could leave, also to do so. I have much criticism for my country. I choose to stay. I can live with different choices but the suggestion mine is a poor one isn't welcome.

On the point of law, ferrrariF50lover did state that your mother has to prove, on balance, that the NIP was not delivered within 14 days. He also stated that that this can be proved by sending a sworn statement to that effect to the CPS. It might work. It might not. The prosecution may expect your mother to attend court and convince the magistrates that the NIP was served out of time. If the defendant has to prove his defence it is in my view better that they attend court so that they can give evidence orally.

Sending a sworn witness statement as suggested may result in the CPS dropping the charge but they do not have to accept the written statement. If they don't your mother should be prepared to go to court with a convincing oral statement of how she can be sure the NIP was not delivered in time and be prepared to be cross examined to test the reliability of her statement.

Contemporaneous notes can help. Write down what has happened as soon as possible after the event so she can refer back to them rather than relying on memory. If someone else witnessed the delivery that can help.




zasker

554 posts

204 months

Wednesday 16th May 2012
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[quote=Moogle]PistonHeaders! Once again if I may call on your expertise. Here are the details.



- My notice arrived more than 14 days after the alleged offence. Is it still valid?

The NIP is initially issued and posted to the registered owner/keeper, according to the details held by the DVLA, within 14 days of the alleged offence. Postal delay will not invalidate service.

As the offence was committed on the 25 Apr and the noticed served on 02 May then this is within the 14 days and even assuming Royal Mail took 5 days to deliver it, it would still be within 14 days. As per the above "Postal delay will not invalidate service" so as long as it is issued within the 14 days then surely it is valid.

blueg33

35,922 posts

224 months

Wednesday 16th May 2012
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Courts have already found that Service means delivery to the keepers address, NOT the day it was posted. See the Gidden case referenced at the beginning of the thread.

SS2.

14,462 posts

238 months

Wednesday 16th May 2012
quotequote all
zasker said:
As per the above "Postal delay will not invalidate service" so as long as it is issued within the 14 days then surely it is valid.
Whilst that's a myth which the SCPs seem intent on perpetuating, it's one which this thread has shown to have been busted..



Steffan

10,362 posts

228 months

Wednesday 16th May 2012
quotequote all
SS2. said:
zasker said:
As per the above "Postal delay will not invalidate service" so as long as it is issued within the 14 days then surely it is valid.
Whilst that's a myth which the SCPs seem intent on perpetuating, it's one which this thread has shown to have been busted..
The focus of the SCP's is income. Not justice. Hence the one eyed views.

fluffnik

20,156 posts

227 months

Wednesday 16th May 2012
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WhereamI said:
Of course she could just accept her guilt, pay the fine and move on without trying to wriggle out on a technicality. A guess that since you rant about the British justice system you've yet to get the wrong side of the US one, good luck to you if you do.
Just because (most) other places are more oppressive is no reason to tolerate even the smallest oppressive act by the state...

If our servants fail to serve they should be beaten soundly.


Rollcage

11,327 posts

192 months

Wednesday 16th May 2012
quotequote all
Steffan said:
The focus of the SCP's is income. Not justice.
Never was meant to be justice. Whatever happened to road safety?

fluffnik

20,156 posts

227 months

Wednesday 16th May 2012
quotequote all
SS2. said:
zasker said:
As per the above "Postal delay will not invalidate service" so as long as it is issued within the 14 days then surely it is valid.
Whilst that's a myth which the SCPs seem intent on perpetuating, it's one which this thread has shown to have been busted..
There should be no place for liars in public service, sack them all!

fluffnik

20,156 posts

227 months

Wednesday 16th May 2012
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[redacted]

fluffnik

20,156 posts

227 months

Wednesday 16th May 2012
quotequote all
Rollcage said:
Steffan said:
The focus of the SCP's is income. Not justice.
Never was meant to be justice. Whatever happened to road safety?
It's excellent, despite the SCPs.

Deva Link

26,934 posts

245 months

Wednesday 16th May 2012
quotequote all
SS2. said:
zasker said:
As per the above "Postal delay will not invalidate service" so as long as it is issued within the 14 days then surely it is valid.
Whilst that's a myth which the SCPs seem intent on perpetuating, it's one which this thread has shown to have been busted..
It appears that Mags assume service and it's up to you to prove it was late.

With the letter dated well inside the time limit and no strike or weather issues to delay delivery I would expect the Mags to say they think it likely it was delivered in time.

What does the OPs Mum do then? I know someone, pillar of the community etc etc, who went to the high court with a case where they felt their word should have been enough. It wasn't.

streaky

19,311 posts

249 months

Wednesday 16th May 2012
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Apache said:
SS2. said:
Apache said:
Unless they have photographic evidence I'd bin it..
I wouldn't - that would seem like a fairly sure fire way to acquire 6 points..
work colleague has a bin full and no repurcussions
1) Work colleague sounds like a serial offender.

2) Work colleague sounds like a really messy character.

Either way ...

Streaky

blueg33

35,922 posts

224 months

Wednesday 16th May 2012
quotequote all
Rollcage said:
Never was meant to be justice. Whatever happened to road safety?
Demonstrated frequently that it has no positive effect on road safety


Apache

39,731 posts

284 months

Wednesday 16th May 2012
quotequote all
streaky said:
Apache said:
SS2. said:
Apache said:
Unless they have photographic evidence I'd bin it..
I wouldn't - that would seem like a fairly sure fire way to acquire 6 points..
work colleague has a bin full and no repurcussions
1) Work colleague sounds like a serial offender.

2) Work colleague sounds like a really messy character.

Either way ...

Streaky
1} obviously

2) not really...he used the bin wink

sinizter

3,348 posts

186 months

Wednesday 16th May 2012
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[redacted]

WhereamI

6,887 posts

217 months

Wednesday 16th May 2012
quotequote all
blueg33 said:
Courts have already found that Service means delivery to the keepers address, NOT the day it was posted. See the Gidden case referenced at the beginning of the thread.
Gidden only won because the NIP was sent out on the last day possible and there was a postal strike on. So it wasn't reasonable to assume that it would be delivered in time. So long as its sent with a few days to spare and there are no special circumstances the Gidden precedent isn't going to get you anywhere.

WhereamI

6,887 posts

217 months

Wednesday 16th May 2012
quotequote all
fluffnik said:
If our servants fail to serve they should be beaten soundly.
If a servant had failed I might agree, but it looks like they sent it in enough time and did everything they should, it's just one person's word that it arrived late. It would hardly be credible to have a system where simply claiming that you didn't get the piece of paper for a few days lets you off the offence.

fluffnik

20,156 posts

227 months

Wednesday 16th May 2012
quotequote all
[redacted]

fluffnik

20,156 posts

227 months

Wednesday 16th May 2012
quotequote all
WhereamI said:
fluffnik said:
If our servants fail to serve they should be beaten soundly.
If a servant had failed I might agree, but it looks like they sent it in enough time and did everything they should, it's just one person's word that it arrived late. It would hardly be credible to have a system where simply claiming that you didn't get the piece of paper for a few days lets you off the offence.
It should always be for the prosecution to prove their case without expecting any co-operation with the accused.

Any public servant who says different is quite frankly utterly unfit...

catso

14,787 posts

267 months

Wednesday 16th May 2012
quotequote all
WhereamI said:
It would hardly be credible to have a system where simply claiming that you didn't get the piece of paper for a few days lets you off the offence.
So how late can it arrive and still be acceptable? a week, a month, a year, ten years? - there has to be a cut-off point and the lawmakers have decided that is 14 days. They make the rules, rules that we are supposed to follow and so should they.