My mate reckons...
Author
Discussion

dick dastardly

Original Poster:

8,325 posts

283 months

Monday 14th July 2003
quotequote all
that he was speaking the other day to a woman who works in the police administration department who said that if you receive a NIP and it's not sent recorded delivery then you should just throw the thing away as they have no way of knowing you received it and hence, no way of getting you.

Is this true or just a load of big balls?

Don

28,378 posts

304 months

Monday 14th July 2003
quotequote all
dick dastardly said:
that he was speaking the other day to a woman who works in the police administration department who said that if you receive a NIP and it's not sent recorded delivery then you should just throw the thing away as they have no way of knowing you received it and hence, no way of getting you.

Is this true or just a load of big balls?


You said it yourself...

kevinday

13,592 posts

300 months

Monday 14th July 2003
quotequote all
Technically this should be correct, however it has been decided that first class mail is sufficient. Therefore it is a load of bull.....

tonybav

14,401 posts

285 months

Monday 14th July 2003
quotequote all
Do a search on the subject mapcop must have explained this subject 20 times so far.

Mad Dave

7,158 posts

283 months

Monday 14th July 2003
quotequote all
IIRC they only have to have SENT it within 14 days - when it arrives isnt relevant

rich 36

13,739 posts

286 months

Monday 14th July 2003
quotequote all
Well i got away with 2 parking tickets in the 80s by saying i had not recieved anything via th post, magistrates court, claimed to have sent them recorded delivery, i asked for proof of signature, royal mail, failed to find it, end of story.
If things have changed now i don't know but it worked fine then.

madcop

6,649 posts

283 months

Monday 14th July 2003
quotequote all
1st class is sufficient. The form is self carbonating and the copy is kept on the file endorsed by the person that sends (puts the thing in the envelope and then the post box) it via the post.

if you plead not guilty on the basis that you did not receive the original, the copy will be produced at court with the endorsement and the person that sent it to say, "I sent it". That is proof of service.

Even recorded delivery has no guarantee of getting to the person it is intended is the recipient. Someone at the address on the envelope has to sign for the item. That does not mean it is the person the item is intended to reach!

So dick, your friend is talking proverbial 'bollock5'

FastShow

388 posts

272 months

Monday 14th July 2003
quotequote all
It does seem very unfair though, because presumably if the police failed to receive a response to the NIP and/or summons and you stood there in court and just said, "Oh well, I defintely sent it," they'd just laugh at you.

madcop

6,649 posts

283 months

Monday 14th July 2003
quotequote all
FastShow said:
It does seem very unfair though, because presumably if the police failed to receive a response to the NIP and/or summons and you stood there in court and just said, "Oh well, I defintely sent it," they'd just laugh at you.


You would be sent a summons for the offence of failing to name the driver if you did not respond.

On receipt of the summons, you would do well to write back and explain that you didn't have any knowledge of the requirement for that informatiion and the driver was Mr/Mrs/Miss XXXXX. The summons could then be withdrawn for that offence and the speeding one issued in its place.

Nobody said that the law was fair

deltaf

6,806 posts

273 months

Monday 14th July 2003
quotequote all
madcop said:

Nobody said that the law was fair


Or that it was right.

dick dastardly

Original Poster:

8,325 posts

283 months

Monday 14th July 2003
quotequote all
Cheers guys, I thought it sounded too easy to be true.

Now I can tell him that he talks shit all day long!

brigadier

21 posts

270 months

Tuesday 15th July 2003
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Road Traffic Offenders Act 1988 Section 1, Requirement of warning etc, clearly states that Registered Post or Recorded Delivery service should be used for sending NIPs. This is still on the HMSO website so I guess it's still effective. It makes you wonder who to believe.

www.hmso.gov.uk/acts/acts1988/Ukpga_19880053_en_2.htm#mdiv1

Maybe your mate isn't talking rubbish after all.

brigadier

mel

10,168 posts

295 months

Tuesday 15th July 2003
quotequote all
Its a few years I know but I certainly got taught when I did a Law A level that due to some precedent set by some crusty old tosser who probably has never even met his own postman that in this country 1st class post is deemed a "reliable" service and therfore meets the requirement in law that notice is served. Why the hell the distinction between 1st and 2nd class I don't know but as with a lot of things in this country the bloke in the wig says its true so it must be.

Oh yes I could go and rummage around looking up the relevant precedent but I really can't be arsed just to quote a few lines of shite.

mel

10,168 posts

295 months

Tuesday 15th July 2003
quotequote all
Oh yes I am currently trying the reverse angle on this slant though. I got myself a parking ticket and due to be being a complete biffer it sat on the side for too long and escalated upto £90 before the letter warning of "further escalation" arrived. This reminded me that maybe I really should have just paid it earlier, but I thought bollox wrote a cheque for £60 putting on it a date before it escalated and popped it in the handy 2nd class postage paid envelope they supplied. Its not my fault they provide a method of payment that has been legally deemed "unreliable". Still waiting to see what happens.

marvelharvey

1,869 posts

270 months

Tuesday 15th July 2003
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Just for the record, I received a 1st class letter this April that was sent way back in November 2002. I don't call that reliable.

meldrewlives

121 posts

272 months

Tuesday 15th July 2003
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See following article:-

www.telegraph.co.uk/news/main.jhtml?xml=/news/2002/08/13/npost13.xml

It states that 500,000 letters and parcels go missing every week.

dick dastardly

Original Poster:

8,325 posts

283 months

Tuesday 15th July 2003
quotequote all
So what happens to the people who genuinely had their NIP lost in the post?

ledfoot

777 posts

272 months

Tuesday 15th July 2003
quotequote all
marvelharvey said:
Just for the record, I received a 1st class letter this April that was sent way back in November 2002. I don't call that reliable.



I get loads of letters delivered to my house that are not mine, and not my address. The postman is too lazy sometimes to deliver himself !!
I think I may still have letters that are 2 years old, that are not mine.....I should really post them soon I guess. One could even be a NIP.

>> Edited by ledfoot on Tuesday 15th July 17:12