Should I have had a NIP by now
Should I have had a NIP by now
Author
Discussion

ballon

Original Poster:

1,173 posts

249 months

Thursday 14th December 2006
quotequote all
Got flashed by a scamera, digital I believe on the 27th Nov, still nothing in the post.

esselte

14,626 posts

297 months

Thursday 14th December 2006
quotequote all
If you're the RK then you should recieve it by the 14th day I think.(Really it should be posted to reach you by the 14th day but with the Christmas post.......)

ballon

Original Poster:

1,173 posts

249 months

Thursday 14th December 2006
quotequote all
esselte said:
If you're the RK then you should recieve it by the 14th day I think.(Really it should be posted to reach you by the 14th day but with the Christmas post.......)


I am the RK and as the incident was late at night on the 27th I presume it should have been with me by this Tuesday. I expect the excuse will be 'Christmas Post'!

IRM

2,423 posts

251 months

Thursday 14th December 2006
quotequote all
some of it depends where you got flashed

an article in the torygraph last christmas showed rates of enforcement

in some areas only 49% of NIP got processed within the time limit allowed, others were higher
with some getting to 100%

ballon

Original Poster:

1,173 posts

249 months

Thursday 14th December 2006
quotequote all
IRM said:


Many thanks, I am now keeping my fingers crossed.

justinp1

13,363 posts

260 months

Thursday 14th December 2006
quotequote all
There is also the factor that if it was a Gatso, there is a reasonably good chance that it was not loaded with film or the film had run out.

A few years ago it was rumoured that there was only a 1 in 5 chance of being NIPed after being flashed.

I was indeed flashed a few years back and heard nothing.

DeMolay

351 posts

272 months

Thursday 14th December 2006
quotequote all
ballon said:
I am the RK and as the incident was late at night on the 27th I presume it should have been with me by this Tuesday. I expect the excuse will be 'Christmas Post'!

The police should take this into account when issuing the NOIPs. It's no good to send it out on the (say) 12th day when the 12th day after the alleged offence happens to be the 24th December. The postal delays are well known at this time of year and the police must bear this in mind and ensure it is received by the RK within 14-days.

MilnerR

8,273 posts

288 months

Thursday 14th December 2006
quotequote all
DeMolay said:
ballon said:
I am the RK and as the incident was late at night on the 27th I presume it should have been with me by this Tuesday. I expect the excuse will be 'Christmas Post'!

The police should take this into account when issuing the NOIPs. It's no good to send it out on the (say) 12th day when the 12th day after the alleged offence happens to be the 24th December. The postal delays are well known at this time of year and the police must bear this in mind and ensure it is received by the RK within 14-days.



yes Imagine if you had to post something to the BiB or CPS and it was delayed. The magistrate wouldn't accept a member of the public bleating about christmas post.....

trackdemon

13,476 posts

291 months

Thursday 14th December 2006
quotequote all
How much over were you? Because the system can only deal with so many - and the camera's capture far more than its possible to deal with - they only deal with the top 10% worst offenders or whatever, say 67mph in a 40mph. So if you were zapped at 48mph you may not hear anything regardless of whether the camera had film in it or not.

ballon

Original Poster:

1,173 posts

249 months

Friday 15th December 2006
quotequote all
trackdemon said:
How much over were you? Because the system can only deal with so many - and the camera's capture far more than its possible to deal with - they only deal with the top 10% worst offenders or whatever, say 67mph in a 40mph. So if you were zapped at 48mph you may not hear anything regardless of whether the camera had film in it or not.


Somewhere between 35 - 40 in a 30 so perhaps I will be lucky.

tigger1

8,477 posts

251 months

Friday 15th December 2006
quotequote all
trackdemon said:
How much over were you? Because the system can only deal with so many - and the camera's capture far more than its possible to deal with - they only deal with the top 10% worst offenders or whatever, say 67mph in a 40mph. So if you were zapped at 48mph you may not hear anything regardless of whether the camera had film in it or not.


Do you really believe this to be true? With my cynical head on I'd say it's far more likely that the "first" xx% will be processed...not cherry picked.

chrisgr31

14,289 posts

285 months

Friday 15th December 2006
quotequote all
DeMolay said:
ballon said:
I am the RK and as the incident was late at night on the 27th I presume it should have been with me by this Tuesday. I expect the excuse will be 'Christmas Post'!

The police should take this into account when issuing the NOIPs. It's no good to send it out on the (say) 12th day when the 12th day after the alleged offence happens to be the 24th December. The postal delays are well known at this time of year and the police must bear this in mind and ensure it is received by the RK within 14-days.


Post delays are irrelevant. As long as it is posted so that in the normal run of the post it will arrive on the 14th day it is fine. So if posted on the 12th day it should arrive on the 13th day (assumming its not a weekend or bank holiday). If it doesn't arrive until the 15th day then thats tough on the registered keeper as it is still valid.

However at this time of year it is important to remember that the 14 days includes weekends and bank holidays, and is not working days. So if you were pinged on th 9th December they have to post it by the 22nd, but same applies if you were pinged on the 12th December.

james_j

3,996 posts

285 months

Friday 15th December 2006
quotequote all
chrisgr31 said:
DeMolay said:
ballon said:
I am the RK and as the incident was late at night on the 27th I presume it should have been with me by this Tuesday. I expect the excuse will be 'Christmas Post'!

The police should take this into account when issuing the NOIPs. It's no good to send it out on the (say) 12th day when the 12th day after the alleged offence happens to be the 24th December. The postal delays are well known at this time of year and the police must bear this in mind and ensure it is received by the RK within 14-days.


Post delays are irrelevant. As long as it is posted so that in the normal run of the post it will arrive on the 14th day it is fine. So if posted on the 12th day it should arrive on the 13th day (assumming its not a weekend or bank holiday). If it doesn't arrive until the 15th day then thats tough on the registered keeper as it is still valid.

However at this time of year it is important to remember that the 14 days includes weekends and bank holidays, and is not working days. So if you were pinged on th 9th December they have to post it by the 22nd, but same applies if you were pinged on the 12th December.


I seem to remember this being discussed before, but can't remember the outcome - i.e. so proof of posting is proof of delivery and proof of receipt within a set time is it?

trackdemon

13,476 posts

291 months

Friday 15th December 2006
quotequote all
tigger1 said:
trackdemon said:
How much over were you? Because the system can only deal with so many - and the camera's capture far more than its possible to deal with - they only deal with the top 10% worst offenders or whatever, say 67mph in a 40mph. So if you were zapped at 48mph you may not hear anything regardless of whether the camera had film in it or not.


Do you really believe this to be true?


Yes. Hence the post

chrisgr31

14,289 posts

285 months

Friday 15th December 2006
quotequote all
james_j said:

I seem to remember this being discussed before, but can't remember the outcome - i.e. so proof of posting is proof of delivery and proof of receipt within a set time is it?


Generally yes. However there have been a few people who have persuaded the magistrates that they never received the NIP irresepective of the evidence it was sent.

So you may be able to argue it was never received, although I wouldn't rely on it.

DeMolay

351 posts

272 months

Saturday 16th December 2006
quotequote all
chrisgr31 said:
Post delays are irrelevant. As long as it is posted so that in the normal run of the post it will arrive on the 14th day it is fine.

On what authority? How did you arrive at this conclusion?

chrisgr31 said:
So if posted on the 12th day it should arrive on the 13th day (assumming its not a weekend or bank holiday). If it doesn't arrive until the 15th day then thats tough on the registered keeper as it is still valid.

As above.

DeMolay

351 posts

272 months

Saturday 16th December 2006
quotequote all
james_j said:
I seem to remember this being discussed before, but can't remember the outcome - i.e. so proof of posting is proof of delivery and proof of receipt within a set time is it?

I disagree. How does proof of posting ensure a NIP is delivered? Remember, posting does not mean "service" (MacLeod v Anderson et al).

ballon

Original Poster:

1,173 posts

249 months

Saturday 16th December 2006
quotequote all
No NIP yet.

chrisgr31

14,289 posts

285 months

Sunday 17th December 2006
quotequote all
DeMolay said:
chrisgr31 said:
Post delays are irrelevant. As long as it is posted so that in the normal run of the post it will arrive on the 14th day it is fine.

On what authority? How did you arrive at this conclusion?

chrisgr31 said:
So if posted on the 12th day it should arrive on the 13th day (assumming its not a weekend or bank holiday). If it doesn't arrive until the 15th day then thats tough on the registered keeper as it is still valid.

As above.


Its buried somewhere deep in case law or the law itself somewhere but I can't remember where off the top of my head. A search on here might bring it us as it is something that has been discussed before.

Alternatively speed past cameras until you get a NIP thats received late and try to argue its late and see what happens!