Evidencing late service of a NIP

[Furbo]

Mrs Furbo is convinced she was zapped by a van two weeks ago today. I am the RK and I've not had a NIP.

We don't get post on a Sunday, so it cannot now be physically served in time.

If a NIP subsequently shows up dated (for example) the middle of last week, how can she / I demonstrate that it was served late?

[Super Sonic]

I thought they had to be posted within the fortnight, not received.

[No ideas for a name]

Super Sonic said:

I thought they had to be posted within the fortnight, not received.

It has to be 'served' in that time.

I think your best option would be to wait for the postman and get him to sign or otherwise note if you get a brown envelope when you receive your post on Monday (and for the next few days).
Maybe 'show' your post being received to a doorbell camera?

[carl_w]

I thought it was considered "served" if it was posted 2 days before the deadline, regardless of when it arrives. At busy times of year (e.g. Christmas) I guess you could argue they should have expected postal delays and posted it earlier.

[craigjm]

carl_w said:

I thought it was considered "served" if it was posted 2 days before the deadline, regardless of when it arrives. At busy times of year (e.g. Christmas) I guess you could argue they should have expected postal delays and posted it earlier.

No it has to arrive at the address to be “served”

[carl_w]

craigjm said:

No it has to arrive at the address to be “served”

Yes but I think it is assumed to have been served if it was posted in time, unless it can be proved otherwise. A timestamped pic of the postie holding it maybe?

[agtlaw]

Furbo said:

Mrs Furbo is convinced she was zapped by a van two weeks ago today. I am the RK and I've not had a NIP.

We don't get post on a Sunday, so it cannot now be physically served in time.

If a NIP subsequently shows up dated (for example) the middle of last week, how can she / I demonstrate that it was served late?

Noted. The deadline is tomorrow as the day of the offence is day 0.

Keep the envelope. The marks on envelope can be good evidence of late service. Is there a witness to the late delivery? (wife, girlfriend, mistress, neighbour, etc.)

If you have a friendly postman then get him to write something on the envelope. E.g. Delivered on [date] by [name].

[Furbo]

agtlaw said:

Furbo said:

Mrs Furbo is convinced she was zapped by a van two weeks ago today. I am the RK and I've not had a NIP.

We don't get post on a Sunday, so it cannot now be physically served in time.

If a NIP subsequently shows up dated (for example) the middle of last week, how can she / I demonstrate that it was served late?

Noted. The deadline is tomorrow as the day of the offence is day 0.

Keep the envelope. The marks on envelope can be good evidence of late service. Is there a witness to the late delivery? (wife, girlfriend, mistress, neighbour, etc.)

If you have a friendly postman then get him to write something on the envelope. E.g. Delivered on [date] by [name].

Last time I had a NIP (late) the envelope had no date stamp. Happily the date of the notice was day 13, however.

I will ask my wife’s mistress to keep an eye out for the post.

[Red Devil]

High Court judgement, therefore binding on lower courts - https://www.bailii.org/ew/cases/EWHC/Admin/2009/29...

Deemed service is a rebuttable presumption - https://www.legislation.gov.uk/ukpga/1978/30/secti...

Gidden was fiortunate because he had an independent supporting witness, his postie, for the late service - https://www.pistonheads.com/gassing/topic.asp?h=0&...

I suspect that most others won't be that lucky.