Discussion
I think its 14 days regardless not including the date of offence (so 15 days)(mon to sun) the time doesnt stop for weekends or bank holidays.
I think also it has to be sent within the 14 days, and will be deamed to have been served by normal course of the post, ie 1st class / recorded is deemed to have been served the next postal day.
I think also it has to be sent within the 14 days, and will be deamed to have been served by normal course of the post, ie 1st class / recorded is deemed to have been served the next postal day.
), i guess today I’m in the clear - an anxious two weeksThere's so much disinformation in general about this rule.
A NIP must be posted so that, through the normal course of post, it gets to the registered keeper within 14-days of the alleged offence. The day of the alleged offence is not included in this count. Christmas, Easter, Bank Holidays are all included in this (i.e. one day is exactly the same as another).
Don't believe anyone who tells you that as long as it's posted within 14-days then it's valid. Utter tosh; (Nicholson v Tapp).
A NIP must be posted so that, through the normal course of post, it gets to the registered keeper within 14-days of the alleged offence. The day of the alleged offence is not included in this count. Christmas, Easter, Bank Holidays are all included in this (i.e. one day is exactly the same as another).
Don't believe anyone who tells you that as long as it's posted within 14-days then it's valid. Utter tosh; (Nicholson v Tapp).
Provided its posted and can be reasonable expected to land on the door mat of the R/K within 14 days, as i stated it is acceptable to post on day 13 provided the next day is a postal day, should it fall on a sunday then time is up.
It does not actually have to land inside the time limit, (this can be argued) as long as it is reasonable that the NOIP would have arrived by standard post within the 14 days it would have been deemed to be served. Athough this has been a contentous(sp) point in the past and people have managed to get away before but not always provided it can be proved the NOIP was indeed sent in reasonable time to comply.
On a NOIP there is a section that does not get sent to the keeper and that is a statement of posting by the person who puts it in the post.
i just send them recorded post to be on the safeside as then i have a audit trail.
It does not actually have to land inside the time limit, (this can be argued) as long as it is reasonable that the NOIP would have arrived by standard post within the 14 days it would have been deemed to be served. Athough this has been a contentous(sp) point in the past and people have managed to get away before but not always provided it can be proved the NOIP was indeed sent in reasonable time to comply.
On a NOIP there is a section that does not get sent to the keeper and that is a statement of posting by the person who puts it in the post.
i just send them recorded post to be on the safeside as then i have a audit trail.
At least one case has crossed my monitor on a refusal to return NIP where a mags court accepted that old gem 'proof of posting is no proof of delivery or receipt' with the result that the case was dismissed. Can't find details, not that I could post them without the consent of the 'innocent' party 
^Slider^ said:
Provided its posted and can be reasonable expected to land on the door mat of the R/K within 14 days, as i stated it is acceptable to post on day 13 provided the next day is a postal day, should it fall on a sunday then time is up.
It does not actually have to land inside the time limit, (this can be argued) as long as it is reasonable that the NOIP would have arrived by standard post within the 14 days it would have been deemed to be served. Athough this has been a contentous(sp) point in the past and people have managed to get away before but not always provided it can be proved the NOIP was indeed sent in reasonable time to comply.
On a NOIP there is a section that does not get sent to the keeper and that is a statement of posting by the person who puts it in the post.
i just send them recorded post to be on the safeside as then i have a audit trail.
so a possible offence date of 12th December means that i'm safe or not
^Slider^ said:
Provided its posted and can be reasonable expected to land on the door mat of the R/K within 14 days, as i stated it is acceptable to post on day 13 provided the next day is a postal day, should it fall on a sunday then time is up.
It does not actually have to land inside the time limit, (this can be argued) as long as it is reasonable that the NOIP would have arrived by standard post within the 14 days it would have been deemed to be served. Athough this has been a contentous(sp) point in the past and people have managed to get away before but not always provided it can be proved the NOIP was indeed sent in reasonable time to comply.
On a NOIP there is a section that does not get sent to the keeper and that is a statement of posting by the person who puts it in the post.
i just send them recorded post to be on the safeside as then i have a audit trail.
Yes the NIP has to be posted by Day 13, but only if Day 14 is a day when the post is usually delivered, therefore if Day 14 is a Sunday then the NIP would need to be posted by Day 12. Obviously the number of bank holidays over the Christmas/New Year period makes life for the Scameras more difficult, thankfully!
The assumption is that First Class Post will arrive the following day, and that is fairly well established in law.
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