Second Class NOIP
Discussion
I was under the impression that in order for the courts to be satisifed that the NIP was served correctly, it has to be sent a minimum of First Class post. In a previous thread I'm sure Bob The Bench or DWD suggested you should keep the envelopes if you find they've been sent second class... then its worth contesting whether the NIP was served correctly. 
^Slider^ said:
If you recived the NOIP within 14 days then it does not matter how it was sent provided it can be proved that it was sent in enough time to reach your address withing the time limit. The postmark would be proof of this.
Gareth
[Cough] Incorrect
If the envelope is 2nd class (or no stamp) then wait till the 14 days are up (or almost up) and return the NIP with a letter attached pointing out the 2nd class delivery. www.pepipoo.com has more details including sample letters.
A 2nd class delivered NIP is NOT valid
The proviso on this is that for this to apply it MUST be the first NIP in the chain (2nd and on NIPS can be sent by slug if they want - I think)
If you are the registered keeper (and have been for quite some time) and 2nd class delivered NIP is NOT valid. The reason you wait is so that they don't have time to correct the mistake!!!
Sean
Wait till the TWENTY EIGHT days are nearly up.... If you reply too early the buggers might serve you a NIP correctly.
As mentioned, if *the first NIP in the chain to the RK* is served second class, it has not been correctly served. You WILL get off on a technicality.
Keep the envelope and make sure you reply with a photocopy of it and use recorded delivery!!!
As mentioned, if *the first NIP in the chain to the RK* is served second class, it has not been correctly served. You WILL get off on a technicality.
Keep the envelope and make sure you reply with a photocopy of it and use recorded delivery!!!
Just to clarify Gentlemen:
Where service of NOIP is to be effected by Post it has to be sent by registered post, recorded delivery service or FIRST CLASS POST addressed to him (RK or driver) at his last known address. That is the actual words of the Law on the subject. (S.1A (c) RTO Act 1988)
Second class is not mentioned so if the first NOIP is sent out by this method then service has not been complied with.
I think it is possible that this appears to stem from a connection with a High Court judgement - Nicholson v Tapp (1972) which held if NOIP to be given by post, it will be deemed to have been given at the time when the letter would be delivered in the ordinary course of the post; this must be within 14 days not counting the day of the offence. So presumably they can withold until the 12th or so day then post relying on the fact that first class post is supposed to have next day delivery, whereas second class can take up to three days. It is a point that could be argued if one was contested.
DVD
Where service of NOIP is to be effected by Post it has to be sent by registered post, recorded delivery service or FIRST CLASS POST addressed to him (RK or driver) at his last known address. That is the actual words of the Law on the subject. (S.1A (c) RTO Act 1988)
Second class is not mentioned so if the first NOIP is sent out by this method then service has not been complied with.
I think it is possible that this appears to stem from a connection with a High Court judgement - Nicholson v Tapp (1972) which held if NOIP to be given by post, it will be deemed to have been given at the time when the letter would be delivered in the ordinary course of the post; this must be within 14 days not counting the day of the offence. So presumably they can withold until the 12th or so day then post relying on the fact that first class post is supposed to have next day delivery, whereas second class can take up to three days. It is a point that could be argued if one was contested.
DVD
£££kevinday said:
Which law allows this?
Well second-class post is perfectly valid service for an S172 request, it is only the original NIP that needs to be served as per the Criminal Justice Act 1994 (IIRC). Once the original NIP has been correctly served, any further notices can be sent out second-class as they are effectively S172 requests only.
Bryan 35.
Fine paid so you pleaded Guilty at Mags Court. You now find defect in service of NOIP which should have nullified proceedings so you can lodge an appeal against conviction to Crown Court. However such an appeal must me made within 21 days of the sentencing day of the fine. There is set procedure on lodging an appeal.
If you paid up as a result of a Conditional Offer, then I am stumped as to a remedy. I would suspect that there is non as acceptance of a Conditional Offer is an acceptance of Guilt and a desire to get the matter over and dealt with.
Kevin Day.
As mentioned earlier then SC would get RK details from DVLA and send out NOIP to RK within 14 days. In doing so then that it that. NOIP has been served under the law. Matters not that in the paper chase to find the driver afterwards that bits and pieces are sent second class post for by the initial action NOIP has been served.
S172 Notice puts onus on RK to give such information as to I.D. of driver as required by C.O.P. All the Act states that this requirement may be made by written notice served by post (type of post not specified). There is a time limit for reply of 28 days from date requirement notice served. But a get out clause exists if it can be shown information was given as soon as reasonably practicable after the end of the period or that it had not been reasonably practicable for it to be given.
DVD
>> Edited by Dwight VanDriver on Wednesday 25th August 07:44
Fine paid so you pleaded Guilty at Mags Court. You now find defect in service of NOIP which should have nullified proceedings so you can lodge an appeal against conviction to Crown Court. However such an appeal must me made within 21 days of the sentencing day of the fine. There is set procedure on lodging an appeal.
If you paid up as a result of a Conditional Offer, then I am stumped as to a remedy. I would suspect that there is non as acceptance of a Conditional Offer is an acceptance of Guilt and a desire to get the matter over and dealt with.
Kevin Day.
As mentioned earlier then SC would get RK details from DVLA and send out NOIP to RK within 14 days. In doing so then that it that. NOIP has been served under the law. Matters not that in the paper chase to find the driver afterwards that bits and pieces are sent second class post for by the initial action NOIP has been served.
S172 Notice puts onus on RK to give such information as to I.D. of driver as required by C.O.P. All the Act states that this requirement may be made by written notice served by post (type of post not specified). There is a time limit for reply of 28 days from date requirement notice served. But a get out clause exists if it can be shown information was given as soon as reasonably practicable after the end of the period or that it had not been reasonably practicable for it to be given.
DVD
>> Edited by Dwight VanDriver on Wednesday 25th August 07:44
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