NIP Received 16 Days After Alleged Offence
Discussion
This morning i received and NIP for an offence committed on 6-10-07 which is 16 days ago.
I thought they had 14 days in which to serve on the registered keeper?
My postman handed it to me, and he saw me open it outside my house. He is willing to give a statement to that effect. He is not a friend or a member of the family.
I am the registered keeper, and the address is correct.
Am i able to contest the NIP?
Humberside Police Central Ticket Office, alleged 85 on M180 at 8.38AM. Good weather, empty motorway.
I thought they had 14 days in which to serve on the registered keeper?
My postman handed it to me, and he saw me open it outside my house. He is willing to give a statement to that effect. He is not a friend or a member of the family.
I am the registered keeper, and the address is correct.
Am i able to contest the NIP?
Humberside Police Central Ticket Office, alleged 85 on M180 at 8.38AM. Good weather, empty motorway.
Think you will need a solictor to fight this one but i cant see why you shouldnt win. Try posting on www.pepipoo.com too and see what they say.
Please keep us up to date if you do fight this.
Please keep us up to date if you do fight this.
peterguk said:
This morning i received and NIP for an offence committed on 6-10-07 which is 16 days ago.
I thought they had 14 days in which to serve on the registered keeper?
My postman handed it to me, and he saw me open it outside my house. He is willing to give a statement to that effect. He is not a friend or a member of the family.
I am the registered keeper, and the address is correct.
Am i able to contest the NIP?
Humberside Police Central Ticket Office, alleged 85 on M180 at 8.38AM. Good weather, empty motorway.
They must have made a mistake on the ticket then - as there's no way the M180 will be empty at 8:38am in good weather I thought they had 14 days in which to serve on the registered keeper?
My postman handed it to me, and he saw me open it outside my house. He is willing to give a statement to that effect. He is not a friend or a member of the family.
I am the registered keeper, and the address is correct.
Am i able to contest the NIP?
Humberside Police Central Ticket Office, alleged 85 on M180 at 8.38AM. Good weather, empty motorway.
The postal strike might have something to with the delay, so check the date of the letter to see if it was sent within 14 days.
They might get away with it due to the postal strikes as I think they have to make "reasonable efforts" to ensure that it's received in 14 days. Are there any other circumstances beyond the strikes which could have affected this? ie moved house or bought the car very recently?
Fight the buggers! Good luck
Fight the buggers! Good luck
AJS- said:
They might get away with it due to the postal strikes as I think they have to make "reasonable efforts" to ensure that it's received in 14 days. Are there any other circumstances beyond the strikes which could have affected this? ie moved house or bought the car very recently?
Fight the buggers! Good luck
Nope, car owned for 18 months, and lived here for 4 years. All documents in order.Fight the buggers! Good luck
Surely stuffing it in the post with fingers crossed when there's a national post strike is not making reasonable effort!
IIRC it's 15 days after the offence - or basically 2 weeks the day after the offence.
That all said, if that's correct, then your deadline would have been yesterday.
But is it odd to have an envelope with no date franked on it. Not something I've heard of personally - sounds odd to me.
But please note I'm NO expert in this area at all.
K
That all said, if that's correct, then your deadline would have been yesterday.
But is it odd to have an envelope with no date franked on it. Not something I've heard of personally - sounds odd to me.
But please note I'm NO expert in this area at all.
K
The deadline for the NOIP was 2359hrs 20th October 2007.
You may consider getting back to them pointing out you do not accept the CO and will plead Not Guilty as the NOIP was served out of time and the witness you have to the date delivered.
They may accept and disengage or they may push further for a Magistrates Court hearing when you will have to make the same claim and have the Mags decide.
Keep this thread updated as to what is happening and if Court proceedings further information from Case Law can be supplied or if you do a search there much information to assist you already of the site.
dvd
PS If the NOIP was accompanied by a request under S172 to name driver then ignore this at your peril. 28 days to reply to this one.
You may consider getting back to them pointing out you do not accept the CO and will plead Not Guilty as the NOIP was served out of time and the witness you have to the date delivered.
They may accept and disengage or they may push further for a Magistrates Court hearing when you will have to make the same claim and have the Mags decide.
Keep this thread updated as to what is happening and if Court proceedings further information from Case Law can be supplied or if you do a search there much information to assist you already of the site.
dvd
PS If the NOIP was accompanied by a request under S172 to name driver then ignore this at your peril. 28 days to reply to this one.
Edited by Dwight VanDriver on Monday 22 October 15:22
You must fill in the S172 request, but accompany the NIP with the RAC letter (www.pepipoo.com) which basically states that the NIP is invalid.
The postal strike was great for this. The act states "deemed to have been served" within the 14 days (not including the offence date). The postal strike was announced a long time in advance, so they would / should have known that it could not have been served within the legal timeframe.
You will win this one. Don't expect the scamera partnership to fold straight away as they will state something like that they have received legal advice regarding this. All nonsense.
You are a lucky person ...
The postal strike was great for this. The act states "deemed to have been served" within the 14 days (not including the offence date). The postal strike was announced a long time in advance, so they would / should have known that it could not have been served within the legal timeframe.
You will win this one. Don't expect the scamera partnership to fold straight away as they will state something like that they have received legal advice regarding this. All nonsense.
You are a lucky person ...
Boosted LS1 said:
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.
EU, why must the request be fullfilled? It arrived out of time?
Boosted.
The timeout is not on the S172 request, so you have to do that otherwise you can be prosecuted for failure to supply driver info as reg keeper.EU, why must the request be fullfilled? It arrived out of time?
Boosted.
Bert
Boosted LS1 said:
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.
EU, why must the request be fullfilled? It arrived out of time?
A defective NoIP should be a bar to prosecution of the alleged substantive offence to which it refers. It does not, however, mean that the recipient can ignore the s.172 request with impunity.EU, why must the request be fullfilled? It arrived out of time?
Boosted LS1 said:
I wouldn't complete anything, simply write back and say it arrived out of time and you'd be happy to testify to that at court with witness/s.
EU, why must the request be fullfilled? It arrived out of time?
Boosted.
Definitely DON'T do this - send off the correctly completed s172 notice.EU, why must the request be fullfilled? It arrived out of time?
Boosted.
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