NIP sent to incorrect address

[Blue383]

I live in the heart of flat land, and a constant problem is too many flats with very similar address'. It's fine when it comes to Uber or Deliveroo as they call my phone and I come out to get the delivery, however with old fashioned snail mail it's a nightmare. I've lost count of the number of hospital appointments I've missed because the letter has ended up somewhere else. Occasionally I'll get a sheaf of letter shoved through my door by a neighbour who's had them collecting dust for a while at theirs.

Back in sept last year I got a speed camera notice, filled it in and sent it back. I know the wheels can grind slowly, up to six months, and waited.

Time passes and I get a bundle of post shoved through my letter box by an unidentified neighbour and there's my fixed offer of £100 and three points: three weeks after it's expired. I emailed the dept on the form explaining and never heard anything back.

Next I get a letter, this time to the correct address, on the 3rd of May saying that its gone to the magistrates and now it has a whole load of costs against it and the total is now £400.

Contact the court, they give me an email to contact. Contact on day and no reply, Contact again 14 days later to follow up, no reply.

Yesterday I get another load of letters from another neighbour and there's the paper work telling me about it going to court and another letter from the fine recovery people.

I know this is an absolute quagmire but even though I followed all the rules I haven't had the opportunity to pay the fixed penalty and now I have a whole load of costs etc.

Advise?

[RazerSauber]

If it was myself, I'd go to court, advise the magistrate of the situation and offer to pay the original fine and take the points. Take proof of the contact that you've had with the unresponsive department to show willing and see what can be done. Be open and honest and let the judicial system do what it does.

[BertBert]

RazerSauber said:

If it was myself, I'd go to court, advise the magistrate of the situation and offer to pay the original fine and take the points. Take proof of the contact that you've had with the unresponsive department to show willing and see what can be done. Be open and honest and let the judicial system do what it does.

There isn't currently any going to court to do, that's happened already. The question is whether the OP can get it set aside on the basis of what's happened - being that the post didn't get delivered on numerous occasions.

One question to the OP... from what you say "...to the correct address this time..." Does that mean that the actual address used was wrong and they changed it along the way? That might provide some help if so.

Edited by BertBert on Monday 22 May 13:34

[OddCat]

I expect "NIP sent to incorrect address" is actually "NIP delivered to incorrect address" which is a whole different thing......

[paulmakin]

I think, but am often mistaken, that this could be a case of making a statutory declaration which would then wind the clock back to the pre-sentence position?

Loads of info on pepipoo etc - it seems to be the way to go in situations where there has been a prosecution that the alleged offender has been unaware of.

[martinbiz]

OddCat said:

I expect "NIP sent to incorrect address" is actually "NIP delivered to incorrect address" which is a whole different thing......

Yes it could well be 2 different reasons, but if the OP has already been convicted in their absence it’s of no consequence. Their only recourse is to a statutory declaration to get the conviction set aside and re set the process, but looking at the dates he is probably out of time, he seemed to be well aware of the process progressing far longer ago than 21 days even if he only became aware of the conviction 19 days ago
Op needs to come up with an understandable time line and exactly what docs they have received
Edit to say and of course the conviction has only been deduced from the the OP’s comment about costs, the whole story is very short on info

Edited by martinbiz on Monday 22 May 16:34

[kestral]

paulmakin said:

I think, but am often mistaken, that this could be a case of making a statutory declaration which would then wind the clock back to the pre-sentence position?

Loads of info on pepipoo etc - it seems to be the way to go in situations where there has been a prosecution that the alleged offender has been unaware of.

Agree. Statutory declaration that legal documents were not received.

[martinbiz]

kestral said:

Agree. Statutory declaration that legal documents were not received.

Read my post, look at the dates we think we have

[BertBert]

martinbiz said:

Read my post, look at the dates we think we have

I think we have an OP with no hope of convincing anyone that he has been diligent in trying to sort this out and deserves it to be set aside

[hunton69]

Divert your post

[littleredrooster]

hunton69 said:

Divert your post

I don't think you've read (or understood) the OP...he didn't say he'd moved house.

[Panamax]

OddCat said:

I expect "NIP sent to incorrect address" is actually "NIP delivered to incorrect address" which is a whole different thing......

This. Proper "service" of the notice is complete when it's posted, so long as it would be delivered within 14 days (or whatever) in the normal course of events.

[martinbiz]

BertBert said:

martinbiz said:

Read my post, look at the dates we think we have

I think we have an OP with no hope of convincing anyone that he has been diligent in trying to sort this out and deserves it to be set aside

Indeed this has all the hallmarks of burying ones head in the sand, that or just plain ignoring it because the bloke down the pub said they wouldn't hear anymore if they did