Can I sleep soundly? (NIP not recieved yet)
Discussion
Chaps,
I'm bleating about my NIP again, or the lack of it (still quite innocent with respect to these things ...)
I was flashed at 40 in a 30 limit on the 14th Dec in London. To date (3 weeks and 1 day later) I have recieved no nasty brown envelopes in the post. (Well, I have, but none have contained any NIP's.)
NIPs have to be served within 14 days, but does this mean that they have to be delivered within this period as well? (As I understand it, they don't). Do they have to be posted first class, or can the plod post 2nd class to save a big fat 6p?
Also, what happens if it is genuinely missing in the post? I guess this doesn't count as it not being served, does it?
(As a point of interest, the 14 day limit was up on the 28th Dec - the Sunday after Christmas Day. Given that they won't be working on that day, nor the Saturday, Friday or the Thursday , it would have to have been done on the 24th , or more likely the 23rd, which is about 2 weeks ago.)
Broadly, can I sleep soundly and spend the £60 I put aside to cover this? At what point do people generally think "OK, I've got away with that one, better be more careful next time"?
Oli.
I'm bleating about my NIP again, or the lack of it (still quite innocent with respect to these things ...)
I was flashed at 40 in a 30 limit on the 14th Dec in London. To date (3 weeks and 1 day later) I have recieved no nasty brown envelopes in the post. (Well, I have, but none have contained any NIP's.)
NIPs have to be served within 14 days, but does this mean that they have to be delivered within this period as well? (As I understand it, they don't). Do they have to be posted first class, or can the plod post 2nd class to save a big fat 6p?
Also, what happens if it is genuinely missing in the post? I guess this doesn't count as it not being served, does it?
(As a point of interest, the 14 day limit was up on the 28th Dec - the Sunday after Christmas Day. Given that they won't be working on that day, nor the Saturday, Friday
Broadly, can I sleep soundly and spend the £60 I put aside to cover this? At what point do people generally think "OK, I've got away with that one, better be more careful next time"?
Oli.
zcacogp said:Sent by First Class post. I believe the clock ticks in calendar days (not 'working days'). No account is taken of the potential for a NIP to decome one of the millions of postal items "lost in the post", it is deemed to be served provided it is posted in time. If you are not the Registered Keeper, you should hang on to the £60 and keep your fingers crossed (there is no time limit, except any Statute of Limitations period that might apply). Even if you are, ditto (for at least six months - service of summons time). If (when) the NIP arrives check the envelope to see if it was posted in time (assuming you are the RK). Sorry
Chaps,
I'm bleating about my NIP again, or the lack of it (still quite innocent with respect to these things ...)
I was flashed at 40 in a 30 limit on the 14th Dec in London. To date (3 weeks and 1 day later) I have recieved no nasty brown envelopes in the post. (Well, I have, but none have contained any NIP's.)
NIPs have to be served within 14 days, but does this mean that they have to be delivered within this period as well? (As I understand it, they don't). Do they have to be posted first class, or can the plod post 2nd class to save a big fat 6p?
Also, what happens if it is genuinely missing in the post? I guess this doesn't count as it not being served, does it?
(As a point of interest, the 14 day limit was up on the 28th Dec - the Sunday after Christmas Day. Given that they won't be working on that day, nor the Saturday, Friday <Boxing Day> or the Thursday <Christmas Day>, it would have to have been done on the 24th <Christmas Eve>, or more likely the 23rd, which is about 2 weeks ago.)
Broadly, can I sleep soundly and spend the £60 I put aside to cover this? At what point do people generally think "OK, I've got away with that one, better be more careful next time"?
Oli.
- StreakyStreaky,
Don't be sorry, thanks for your help.
Therefore, if the NIP is lost in the post, they can still claim it is served? A little unlikely to have been lost, as it will be posted from within London to within London, and I have had generally good experiences of the post (hopefully this won't be the first bad one!)
What was the statute of limitations bit? I didn't understand it. I am the registered keeper (it's my car and I was driving it ... ) and therefore they have to prosecute within 6 months (if they are going to.) However, are they likely to take a (comparatively minor) speeding ticket to court?
I guess a sensible question would be "How many people on here have been successfully done for speeding even if they haven't heard anything 3 weeks after the event?)
Sorry, more questions ...
Oli.
Don't be sorry, thanks for your help.
Therefore, if the NIP is lost in the post, they can still claim it is served? A little unlikely to have been lost, as it will be posted from within London to within London, and I have had generally good experiences of the post (hopefully this won't be the first bad one!)
What was the statute of limitations bit? I didn't understand it. I am the registered keeper (it's my car and I was driving it ... ) and therefore they have to prosecute within 6 months (if they are going to.) However, are they likely to take a (comparatively minor) speeding ticket to court?
I guess a sensible question would be "How many people on here have been successfully done for speeding even if they haven't heard anything 3 weeks after the event?)
Sorry, more questions ...
Oli.
zcacogp said:There appears (from other posts) to be no time limit on when they have to serve a NIP on the driver if the driver is not the RK ... other than any limit that might be set by SoL (and I've seen no posts regarding any limit therein - Streaky
...
What was the statute of limitations bit? I didn't understand it. ...
Streaky,
OK, thanks. Now you mention it, I remember seeing this around elsewhere, but ignored it as I am the most common driver of the car(s) which are registered in my name. (The Missis is insured on both, but is unlikely to attract Gatso attention unless they are set to photograph slow drivers ... )
If this is the case, is there any possibility of calling my local speed camera office and asking whether they have any such an NIP on file? Is this possible, or even desirable, or would I do better to sit tight and hope for the best?
Oli.
OK, thanks. Now you mention it, I remember seeing this around elsewhere, but ignored it as I am the most common driver of the car(s) which are registered in my name. (The Missis is insured on both, but is unlikely to attract Gatso attention unless they are set to photograph slow drivers ... )
If this is the case, is there any possibility of calling my local speed camera office and asking whether they have any such an NIP on file? Is this possible, or even desirable, or would I do better to sit tight and hope for the best?
Oli.
By law a NOIP is deemed to have been served until the contrary is proved.
Further it shall be deemed to have been served if sent within 14 days of the offence and returned undelivered or was for any other reason not received.
So Plod may say sent out by First Class Post within 14 days. If lost in the post then it will be up to you to prove that it wasn't sent within the terms of the Act.
You have 28 days to respond to a Conditional Offer after which if they have not heard from you they should start chasing for a Court appearance and you should be notified. How long this will take will depend how slick they are at admin.
It is starting to look as if there was no film in the Camera or other admin hiccup so you could be OK.
Limitations on proceedings is 6 months from date of offence. If no Information (application for summons)has been laid with Mags Clerk within this time then they cannot take you to Court.( They can lay an information within the 6 months and served a summons 9 months or more later)
Sit tight, do nothing but as a safeguard hang onto the 60 notes a bit longer.
DVD
Further it shall be deemed to have been served if sent within 14 days of the offence and returned undelivered or was for any other reason not received.
So Plod may say sent out by First Class Post within 14 days. If lost in the post then it will be up to you to prove that it wasn't sent within the terms of the Act.
You have 28 days to respond to a Conditional Offer after which if they have not heard from you they should start chasing for a Court appearance and you should be notified. How long this will take will depend how slick they are at admin.
It is starting to look as if there was no film in the Camera or other admin hiccup so you could be OK.
Limitations on proceedings is 6 months from date of offence. If no Information (application for summons)has been laid with Mags Clerk within this time then they cannot take you to Court.( They can lay an information within the 6 months and served a summons 9 months or more later)
Sit tight, do nothing but as a safeguard hang onto the 60 notes a bit longer.
DVD
Chaps,
Thanks all. Helpful (and reassuring) stuff all round.
Sounds like I am relying on the fact that it isn't lost in the post. While I don't want to count the chickens too prematurely, I am hoping that this is unlikely.
Out of interest, what if it is genuinely lost in the post - would this mean that I have lost any offer of a 3-point and £60 settlement?
Oli.
Thanks all. Helpful (and reassuring) stuff all round.
Sounds like I am relying on the fact that it isn't lost in the post. While I don't want to count the chickens too prematurely, I am hoping that this is unlikely.
Out of interest, what if it is genuinely lost in the post - would this mean that I have lost any offer of a 3-point and £60 settlement?
Oli.
Thanks again guys.
Cooperman - sure, that is the prevailing advice, but no-one seems to be 100% definite that this is a reliable way to go to get around the problem. Sure, some people do seem to have got away with it, but has it cost them more than £60 in court and solicitors fees? Perhaps it's just me, but the "Don't sign it" idea seems to be akin to seeing a witch doctor - it may work, it is probably a good way to go if you want to put up a fight, but it may end up being ugly, messy and expensive. This is not to say that I won't do it, but if I do, I won't get my hopes up too much. Is this a fair assessment?
Oli.
Cooperman - sure, that is the prevailing advice, but no-one seems to be 100% definite that this is a reliable way to go to get around the problem. Sure, some people do seem to have got away with it, but has it cost them more than £60 in court and solicitors fees? Perhaps it's just me, but the "Don't sign it" idea seems to be akin to seeing a witch doctor - it may work, it is probably a good way to go if you want to put up a fight, but it may end up being ugly, messy and expensive. This is not to say that I won't do it, but if I do, I won't get my hopes up too much. Is this a fair assessment?
Oli.
But see also kevinday's post in www.pistonheads.com/gassing/topic.asp?t=74693&f=10&h=0
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