NIP 14-day rule & Royal Mail Christmas holidays
Discussion
Wondered how the Christmas holidays for postal staff (25/26th Dec) affects the serving of a NIP.
Do the police have to allow longer for it to arrive given that there's no post deliveries on 25/26th, or is it still acceptable for them to post a NIP on day 13 & it's considered served, even over the festive period?
Just curious.
Do the police have to allow longer for it to arrive given that there's no post deliveries on 25/26th, or is it still acceptable for them to post a NIP on day 13 & it's considered served, even over the festive period?
Just curious.
Eyersey1234 said:
My understanding is the notice has to be served within 14 days not necessarily received within that time period
Presumption of service using 1st class rebuttable if proven to be delivered after the period, case history against chief constable of humberside by a forum member shows it.Member peterguk V6 KWK
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)
Judgment: https://www.casemine.com/judgement/uk/5a8ff73c60d0...
He won that one.
Not necessarily the answer to OPs question though.
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)
Judgment: https://www.casemine.com/judgement/uk/5a8ff73c60d0...
He won that one.
Not necessarily the answer to OPs question though.
Edited by NFT on Sunday 17th December 20:42
Eyersey1234 said:
My understanding is the notice has to be served within 14 days not necessarily received within that time period
Served means received. At least, to be considered served it has to have arrived at the address it is sent to, it doesn't necessarily have to have ended up in the hands of the addressee.Edited by Aretnap on Sunday 17th December 21:38
EasternBlocGeek said:
Wondered how the Christmas holidays for postal staff (25/26th Dec) affects the serving of a NIP.
Do the police have to allow longer for it to arrive given that there's no post deliveries on 25/26th, or is it still acceptable for them to post a NIP on day 13 & it's considered served, even over the festive period?
If sent by first class post it is presumed served two working days later, in the absence of evidence to the contrary.Do the police have to allow longer for it to arrive given that there's no post deliveries on 25/26th, or is it still acceptable for them to post a NIP on day 13 & it's considered served, even over the festive period?
So if posted on day 12 (not 13) it would be presumed served on day 14, but only if there were no weekends or public holidays in between. If there are weekends or public holidays involved, it would have to be posted earlier than day 12.
So yes, they would have to allow extra days for postage over the Christmas period.
cliffords said:
I have read somewhere, and I can't find it now . I really have been looking just now . I think they have changed the law and they have changed this rule to , wait for it ,...........90 days !
If "they" have done this, "they" don't seem to have told the people who maintain the online version of the legislation.https://www.legislation.gov.uk/ukpga/1988/53/secti...
Maybe it's one of those top secret laws that nobody is allowed to know about. But I doubt it.
Sebring440 said:
cliffords said:
I have read somewhere, and I can't find it now . I really have been looking just now . I think they have changed the law and they have changed this rule to , wait for it ,...........90 days !
It's the internet! Anyone can post any old bo||ox they like!martinbiz said:
Sebring440 said:
cliffords said:
I have read somewhere, and I can't find it now . I really have been looking just now . I think they have changed the law and they have changed this rule to , wait for it ,...........90 days !
It's the internet! Anyone can post any old bo||ox they like!And if they like they can send it by registered or recorded delivery & make the presumption of service irrebuttable.
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