Summoned to court
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Discussion

nickjm

Original Poster:

361 posts

260 months

Thursday 1st February 2007
quotequote all
So I was at home late enough to get the post today.

I received a court summons for failing to provide driver details of a NIP that I never received. Thing is the letter had my name spelled incorrectly and the postcode incorrect. Now I know that this doesn't mean it's invalid, however if I hadn't been at home to receive the post, the lovely Mrs JM would have thrown it in the bin because she has a funny thing about people spelling our name right.

So what if the NIP had the wrong spelling on it and my wife binned it?

Dwight VanDriver

6,583 posts

274 months

Thursday 1st February 2007
quotequote all
If they posted it and was received 'in time' even if SWMBO binned it then - served.

The question of validity due to mistakes in spelling is an area that would have to thrashed out at Court and The Bench to decide. It would of course depend on the size of the boo-boo.

dvd

nickjm

Original Poster:

361 posts

260 months

Thursday 1st February 2007
quotequote all
Original boo-boo was 39 in a 30

esselte

14,626 posts

297 months

Thursday 1st February 2007
quotequote all
Was the post code so wrong that it would have been delivered to another address where it would probably have been thrown away?

nickjm

Original Poster:

361 posts

260 months

Thursday 1st February 2007
quotequote all
esselte said:
Was the post code so wrong that it would have been delivered to another address where it would probably have been thrown away?


The last letter of the postcode was wrong on the summons letter. Thing is we have had lots of trouble with the post, my neighbour even got 3 points on his licence but when the police sent it back to him, with the correct address, it ended up at our house! Also, he has received letters addressed to us in the past too.

tigger1

8,477 posts

251 months

Thursday 1st February 2007
quotequote all
Is there any "evidence" that you have complained previously about lost post?

deva link

26,934 posts

275 months

Thursday 1st February 2007
quotequote all
It's a bit of a nightmare just using normal post for stuff like this - our house is no. 7, and it's xxxxx Drive, but there's also an xxxxx Close in the village. In our nearest town (same first part of the postcode) there's an xxxxx Road and Crescent, so if someone misses the village name off the address then the post ends up there.

The possibilities for errors there are obvious, plus we routinely get mail for no. 7 in completely unrelated roads, and we randomly get next doors mail (both 5 & 9).

People whose post just 'works' don't believe you when you say you have problems, but once it starts going wrong you lose all confidence in the system.

nickjm

Original Poster:

361 posts

260 months

Thursday 1st February 2007
quotequote all
tigger1 said:
Is there any "evidence" that you have complained previously about lost post?


Unfortunately not, but then how do we know that something has been sent to us when we haven't received it? The problems we have had, I believe, are common throught the UK, so being British, we've just put up with it.

We do know that our distribution office has even been working on sundays to deliver post because of the backlog.

justinp1

13,363 posts

260 months

Thursday 1st February 2007
quotequote all
nickjm said:
tigger1 said:
Is there any "evidence" that you have complained previously about lost post?


Unfortunately not, but then how do we know that something has been sent to us when we haven't received it? The problems we have had, I believe, are common throught the UK, so being British, we've just put up with it.

We do know that our distribution office has even been working on sundays to deliver post because of the backlog.


If you did not receive the NIP then you can claim exemption.

If you are credible then this alone is enough.

If your name and especially post code is correct on the V5, yet is copied incorrectly to the summons, then this also puts doubt on the fact that the letter was ever delivered.

You have a case and should not lose, but you will have to go to court and testify to prove it.

becca_viola

9,932 posts

241 months

Thursday 1st February 2007
quotequote all
Similar problem in the district where family Viola live: XXX Hill, XXX Avenue, XXX Road, XXX Hill Road, XXX Hill Broadway... within about one square mile. Viola parents have got to know the people at 37 XXX Hill and XXX Road very well due to exchanges of wrongly-delivered (or addressed) post!

andmole

1,594 posts

241 months

Thursday 1st February 2007
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We also have postal problems, we live at 44A XXXX street, and 44 keeps getting our post. Doesn't help that we aren't even on XXXX street, but down a little side road about 20 yards off it, (new house, on it's own, side road un-named).

BigBob

1,471 posts

255 months

Thursday 1st February 2007
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Didn't the Post Office testify to a recent Public Affairs Select Committee that;

"...... 15 million items of post are lost every year ........"

Surely this would be enough to introduce 'Reasonable doubt".



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