2 weeks grace? postal delays
Discussion
Subject to a few statutory exceptions, a NIP issued by first class post has to be served within 14 calendar days of the alleged speeding offence.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
SS2. said:
Subject to a few statutory exceptions, a NIP issued by first class post has to be served within 14 calendar days of the alleged speeding offence.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
So if posties went on strike for 2 solid weeks we can, for at least 1 day, drive however we want, and as fast as we want, as long as we don't get caught red-handed by plod?Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
Seems a bit far-fetched, doesn't it?
PorkInsider said:
SS2. said:
Subject to a few statutory exceptions, a NIP issued by first class post has to be served within 14 calendar days of the alleged speeding offence.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
So if posties went on strike for 2 solid weeks we can, for at least 1 day, drive however we want, and as fast as we want, as long as we don't get caught red-handed by plod?Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
Seems a bit far-fetched, doesn't it?
PorkInsider said:
SS2. said:
Subject to a few statutory exceptions, a NIP issued by first class post has to be served within 14 calendar days of the alleged speeding offence.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
So if posties went on strike for 2 solid weeks we can, for at least 1 day, drive however we want, and as fast as we want, as long as we don't get caught red-handed by plod?Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
Seems a bit far-fetched, doesn't it?
They do have alternatives to first class post.
vonhosen said:
PorkInsider said:
SS2. said:
Subject to a few statutory exceptions, a NIP issued by first class post has to be served within 14 calendar days of the alleged speeding offence.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
So if posties went on strike for 2 solid weeks we can, for at least 1 day, drive however we want, and as fast as we want, as long as we don't get caught red-handed by plod?Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
Seems a bit far-fetched, doesn't it?
Joking apart, I thought the requirement was that the NIP is posted within a timeframe that would 'normally' see it delivered within the 14 days?
So if it goes in the post by day 10 after the offence, for example, it's considered to have been received in time, regardless of what happens once it's entered the postal system?
PorkInsider said:
vonhosen said:
PorkInsider said:
SS2. said:
Subject to a few statutory exceptions, a NIP issued by first class post has to be served within 14 calendar days of the alleged speeding offence.
Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
So if posties went on strike for 2 solid weeks we can, for at least 1 day, drive however we want, and as fast as we want, as long as we don't get caught red-handed by plod?Postal strikes, public holidays, bad weather etc do not exempt this requirement.
The issue is often proving that a notice was served out of time, particularly if you were away from home when it was dropped through the letterbox.
Seems a bit far-fetched, doesn't it?
Joking apart, I thought the requirement was that the NIP is posted within a timeframe that would 'normally' mean it would be delivered within the 14 days?
So if it goes in the post by day 10 after the offence, for example, it's considered to have been received in time, regardless of what happens once it's entered the postal system?
Special delivery is not rebuttable. It doesn't matter if it arrives out of time as long as it was sent in good time.
vonhosen said:
Service is presumed in the case of first class post, but it is a rebuttable presumption (if you can prove it wasn't served).
Special delivery is not rebuttable. It doesn't matter if it arrives out of time as long as it was sent in good time.
I assume that's because there is always proof of when a special delivery was actually sent but not when a first class letter was?Special delivery is not rebuttable. It doesn't matter if it arrives out of time as long as it was sent in good time.
PorkInsider said:
Joking apart, I thought the requirement was that the NIP is posted within a timeframe that would 'normally' mean it would be delivered within the 14 days?
Served within 'the normal course of post' (which, for first class post, is regarded as two business days after posting) is rather more specific than just 'normally'.A friend has exactly this question as they missed a 50-40 change on the A338 Bournemouth Spur Road and got flashed by a Gatso on Monday 5th December.
As of this evening, the 14th day after (not including the day of the offence), no letter.
Would the existence of a postal strike not be strong evidence that the letter was not delivered in time, on the balance of probabilities?
As of this evening, the 14th day after (not including the day of the offence), no letter.
Would the existence of a postal strike not be strong evidence that the letter was not delivered in time, on the balance of probabilities?
I'm trying to find a definitive answer to this but haven't managed it so far.
I think as they have to 'show the ticket should have reached the vehicle’s registered owner under normal circumstances within 14 days' 2 days of disruption would mean if the letter is received on day 16 they will claim it is within the timeframe. So caught on Monday 5 Dec clock starts on Tuesday 6 Dec and with the extra days that would be Wed 21 Dec.
The difficulty will come with people caught at the end of that week. Potentially there will be 4 days of strikes in the normal 14 days and then Bank Holidays. But normally the 14 days is inclusive of Bank Holidays.
I think as they have to 'show the ticket should have reached the vehicle’s registered owner under normal circumstances within 14 days' 2 days of disruption would mean if the letter is received on day 16 they will claim it is within the timeframe. So caught on Monday 5 Dec clock starts on Tuesday 6 Dec and with the extra days that would be Wed 21 Dec.
The difficulty will come with people caught at the end of that week. Potentially there will be 4 days of strikes in the normal 14 days and then Bank Holidays. But normally the 14 days is inclusive of Bank Holidays.
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