how lnog does it take for the nice letter in the post.
how lnog does it take for the nice letter in the post.
Author
Discussion

hawkespcs

Original Poster:

199 posts

246 months

Wednesday 25th October 2006
quotequote all
hi. on the 12th of this mounth. i got caught speeding by a un mark police car. he said i would recive a letter in the post. how long does it take. and i did read some where. they only have 14 days to send it. is this true.

stevebedford1969

172 posts

248 months

Wednesday 25th October 2006
quotequote all
They have 14 days to produce the letter but ONLY if the vehicle if the V5 document is registered to your name and address.

If you were driving a hire car, lease / company car that isn't registered to you they have longer.

chrisgr31

14,289 posts

285 months

Wednesday 25th October 2006
quotequote all
They have 13 days, not including the day of the offence, to have it printed and placed in a post box first class so it arrives on or before the 14th day. The law states that a document send first class is deemed to have been delivered the following postal delivery day.

Where the 14th day is a Sunday it will have to be posted on or before the 12th day. Same with Bank Holidays.

chrisgr31

14,289 posts

285 months

Wednesday 25th October 2006
quotequote all
Incidentially it doesn't matter if the postman does not deliver it on 14th day, just as long as it was posted early enough that he should of.

justinp1

13,363 posts

260 months

Wednesday 25th October 2006
quotequote all
chrisgr31 said:
Incidentially it doesn't matter if the postman does not deliver it on 14th day, just as long as it was posted early enough that he should of.


Thats an important point that a lot of people dont realise.

randlemarcus

13,646 posts

261 months

Wednesday 25th October 2006
quotequote all
Sorry chap, but the above 14 day posts only apply to the Notice of Intended Prosecution. Which you have had verbally from the BiB that stopped you. They now have six months to lay charges against you, and quite often take that long doing it. The 14 day thing doesnt apply here.

Chin up, they might forget...

hawkespcs

Original Poster:

199 posts

246 months

Wednesday 25th October 2006
quotequote all
oh well thanks for the info. well i been driving for 9 years. and first time been caught speeding. so got to take it on the chin. got away with it for this long. any way thanks again.

chrisgr31

14,289 posts

285 months

Wednesday 25th October 2006
quotequote all
randlemarcus said:
Sorry chap, but the above 14 day posts only apply to the Notice of Intended Prosecution. Which you have had verbally from the BiB that stopped you. They now have six months to lay charges against you, and quite often take that long doing it. The 14 day thing doesnt apply here.

Chin up, they might forget...


Ahh missed the bit about being done by an unmarked police car!

DeMolay

351 posts

272 months

Sunday 29th October 2006
quotequote all
chrisgr31 said:
The law states that a document send first class is deemed to have been delivered the following postal delivery day.

The law states nothing of the kind. A NIP is presumed to arrive unless and until the contrary is proved. There is no mention in law of when that is.

The only thing that is cast iron is that a NIP has to be 'served' on the RK of a vehicle within 14-days. That means he has to receive it within 14-days and not merely that the police have to post it within 14-days.

DeMolay

351 posts

272 months

Sunday 29th October 2006
quotequote all
chrisgr31 said:
Incidentially it doesn't matter if the postman does not deliver it on 14th day, just as long as it was posted early enough that he should of.

Not true. As above.

NugentS

699 posts

277 months

Sunday 29th October 2006
quotequote all
DeMolay is correct.

The presumption of service is rebuttable.

Sean

boosted Ls1

21,200 posts

290 months

Sunday 29th October 2006
quotequote all
I wonder what would happen if you complained to the post office about some important mail you never received. Could the inferance of an irregular postal service to your address be useful later on?

Boosted.

vonhosen

40,597 posts

247 months

Sunday 29th October 2006
quotequote all
NugentS said:
DeMolay is correct.

The presumption of service is rebuttable.

Sean


Unless if sent by registered post or recorded delivery.

gozomark

167 posts

258 months

Monday 30th October 2006
quotequote all
vonhosen said:
NugentS said:
DeMolay is correct.

The presumption of service is rebuttable.

Sean


Unless if sent by registered post or recorded delivery.


not quite surely. Being sent by registered post or recorded delivery isn't the issue, its the delivery. Just because its sent, even by registered post or recorded delivery, it still doesn't prove delivery, until its signed for. After all, even registered post or recorded delivery could get lost before delivery.

Also, what happens if its signed for, but not by the RP ??

DeMolay

351 posts

272 months

Monday 30th October 2006
quotequote all
boosted Ls1 said:
I wonder what would happen if you complained to the post office about some important mail you never received. Could the inferance of an irregular postal service to your address be useful later on?

Boosted.

Indeed.

I did read of a case where a defendant, who claimed not to have received a NIP, produced evidence that showed his mail delivery was erratic. He was found not guilty.

Virtually all camera partnerships are under the misapprehension that merely posting a NOIP within 14-days is enough to ensure service. It isn't. As vonhosen has indicated, the only way to guarantee service is to send it by recorded delivery (registered post no longer exists).

DeMolay

351 posts

272 months

Monday 30th October 2006
quotequote all
gozomark said:
not quite surely. Being sent by registered post or recorded delivery isn't the issue, its the delivery. Just because its sent, even by registered post or recorded delivery, it still doesn't prove delivery, until its signed for. After all, even registered post or recorded delivery could get lost before delivery.

As it stands, this isn't the case. However, it has been submitted by the authors of Wilkinson's Road Traffic (section 2.234 of the 21st edition, if memory serves me rightly) that due to the vagaries of the current postal system, the rebuttable presumption of service should be extended to all methods of postage.

Until case law answers that specific point then the presumption of service for recorded delivery will be very difficult to rebut.

vonhosen

40,597 posts

247 months

Monday 30th October 2006
quotequote all
gozomark said:
vonhosen said:
NugentS said:
DeMolay is correct.

The presumption of service is rebuttable.

Sean


Unless if sent by registered post or recorded delivery.


not quite surely. Being sent by registered post or recorded delivery isn't the issue, its the delivery. Just because its sent, even by registered post or recorded delivery, it still doesn't prove delivery, until its signed for. After all, even registered post or recorded delivery could get lost before delivery.

Also, what happens if its signed for, but not by the RP ??


As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.

There is the potential to rebut with first class post but the burden of proof, where posted on time, lays with you.



Edited by vonhosen on Monday 30th October 16:56

DeMolay

351 posts

272 months

Monday 30th October 2006
quotequote all
vonhosen said:
As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.

That's not quite right, or you're not making yourself clear enough.

If you mean that providing it's sent out by recorded delivery within 14-days, then I disagree. If, however, you mean that providing it is sent out in such time as it may reach the RK within 14-days (through the normal course of post) then I would agree.

vonhosen

40,597 posts

247 months

Monday 30th October 2006
quotequote all
DeMolay said:
vonhosen said:
As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.

That's not quite right, or you're not making yourself clear enough.

If you mean that providing it's sent out by recorded delivery within 14-days, then I disagree. If, however, you mean that providing it is sent out in such time as it may reach the RK within 14-days (through the normal course of post) then I would agree.


That is indeed what I mean.

mattley

3,039 posts

252 months

Monday 30th October 2006
quotequote all
vonhosen said:


As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.

There is the potential to rebut with first class post but the burden of proof, where posted on time, lays with you.



This seems all wrong. If sent by recorded or registered the burden of proof lies with the sender or the senders agent. Should the recipient claim not to have recived it and the sender has no signature as Proof of Delivery, the recip[ients denial of reciept must stand.

But with first class post, there is no proof of anything, how can that be right?