NIP dated in time but arriving late, status of defending it?
Discussion
What's status of getting off postal speeding NIP if arrives after 14 days, but date is within this timeframe?
Believe have to prove didn't receive by way of neighbor as witness to posted wrong and/or returning to sender after 14 days, or postman delivering late going to court on your behalf etc...
Heard someone convinced CPS his argument was sound but judge found guilty anyway and was appealing but that got delayed multiple times.
Any solid precedent set or ability to avoid messing with court to prove arrived late these days?
Not got one, just curious as had to deal with a company one sent to deceased company sec address and thinking I should have dated time returned to sender so evidence it was too late for them to receive in time but too late now.
Believe have to prove didn't receive by way of neighbor as witness to posted wrong and/or returning to sender after 14 days, or postman delivering late going to court on your behalf etc...
Heard someone convinced CPS his argument was sound but judge found guilty anyway and was appealing but that got delayed multiple times.
Any solid precedent set or ability to avoid messing with court to prove arrived late these days?
Not got one, just curious as had to deal with a company one sent to deceased company sec address and thinking I should have dated time returned to sender so evidence it was too late for them to receive in time but too late now.
Why not post on your other thread which appears to be about the same NIP.
To be fair, none of what you wrote then made much sense and it's pretty irrelevant if it arrived late. Assuming it was sent 1st class, on time,it's assumed to have been delivered within the timescale. If people could just claim it was late what do you think would happen.
I'll say it again, if you have a NIP, just bloody reply with the details and stop looking v for ways to make a simple 3 points so much more.
To be fair, none of what you wrote then made much sense and it's pretty irrelevant if it arrived late. Assuming it was sent 1st class, on time,it's assumed to have been delivered within the timescale. If people could just claim it was late what do you think would happen.
I'll say it again, if you have a NIP, just bloody reply with the details and stop looking v for ways to make a simple 3 points so much more.
Bendo said:
Why not post on your other thread which appears to be about the same NIP.
To be fair, none of what you wrote then made much sense and it's pretty irrelevant if it arrived late. Assuming it was sent 1st class, on time,it's assumed to have been delivered within the timescale. If people could just claim it was late what do you think would happen.
I'll say it again, if you have a NIP, just bloody reply with the details and stop looking v for ways to make a simple 3 points so much more.
Nowt to do with that, its been returned to sender and is over with as far as I am concerned.To be fair, none of what you wrote then made much sense and it's pretty irrelevant if it arrived late. Assuming it was sent 1st class, on time,it's assumed to have been delivered within the timescale. If people could just claim it was late what do you think would happen.
I'll say it again, if you have a NIP, just bloody reply with the details and stop looking v for ways to make a simple 3 points so much more.
Was addressed to company sec, which was dead, was company employee not me or son driving and they can sort it out when tracked down, I hadn't authority to reply as per ticket office advice as have no role in the company, and it's not mine, family's or at the address so I had a lot of worry for nothing there.
I am wondering more for any future one for myself, what status is as on PH there was some court action for someone who had CPS agree his defense and was appealing but heard nothing of it since.
Edited by NFT on Tuesday 10th October 01:11
interstellar said:
I thought it has to be dated within 14 days not you must receive it in 14 days.
As did I but someone on here disagreed, had balls to go to court, had his postman show he delivered it late and CPS agreed with his defense but judge was ahole, found guilty anyway and he was appealing which was pushed back twice at least.Beleive it was this https://www.pistonheads.com/gassing/topic.asp?h=0&...
NIP after 16 Days - Pleading Not Guilty - Update
But its not clear what occurred in appeal, or if he ever got one.
NIP after 16 Days - Pleading Not Guilty - Update
But its not clear what occurred in appeal, or if he ever got one.
Edited by NFT on Tuesday 10th October 01:09
NFT said:
interstellar said:
I thought it has to be dated within 14 days not you must receive it in 14 days.
As did I but someone on here disagreed, had balls to go to court, had his postman show he delivered it late and CPS agreed with his defense but judge was ahole, found guilty anyway and he was appealing which was pushed back twice at least.IJWS15 said:
IIRC he opened the letter whilst talking to the postman and it went to the high court. More on ...
The judgment is online: https://www.casemine.com/judgement/uk/5a8ff73c60d0...Fastdruid said:
interstellar said:
I thought it has to be dated within 14 days not you must receive it in 14 days.
You are wrong. It has to be *SERVED* within 14 days. That means delivered. As agtlaw has posted on the other thread:
agtlaw said:
Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin).
https://www.casemine.com/judgement/uk/5a8ff73c60d0...
Summary, appeal against conviction successful.https://www.casemine.com/judgement/uk/5a8ff73c60d0...
MustangGT said:
Fastdruid said:
interstellar said:
I thought it has to be dated within 14 days not you must receive it in 14 days.
You are wrong. It has to be *SERVED* within 14 days. That means delivered. As agtlaw has posted on the other thread:
agtlaw said:
Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin).
https://www.casemine.com/judgement/uk/5a8ff73c60d0...
Summary, appeal against conviction successful.https://www.casemine.com/judgement/uk/5a8ff73c60d0...
agtlaw said:
IJWS15 said:
IIRC he opened the letter whilst talking to the postman and it went to the high court. More on ...
The judgment is online: https://www.casemine.com/judgement/uk/5a8ff73c60d0...Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff