Discussion
“Hypothetically” speaking if you were caught on camera exceeding the speed limit and the letter informing you of your offence was lost in the post what would happen?
The police send out your offence letter using recorded delivery so that they can prove you received notice with the 14 day period. If the letter is lost or delivered after the period, is the offence written off?
I also assume that someone in admin tracks these letters and will chase up with a second letter after 10 days or so if they haven’t seen that the letter has been delivered.
I guess the first you would know about it would be a court summons for failure to respond to the letter naming the guilty driver.
Has this happened to anyone?
This doesn’t make sense right now but in about 2 weeks, I should be able to put this right
Zod said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
How do you prove a negative?Edited by esselte on Friday 31st August 15:42
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???polus said:
esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???"..A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.."
esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???"Ordinary post" that the GPO have signed to say they have had, (not just a case of dropping it in to post box)
esselte said:
polus said:
esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???"..A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.."
polus said:
esselte said:
polus said:
esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???"..A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.."
esselte said:
polus said:
esselte said:
polus said:
esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???"..A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.."
I believe it has been posted on here that there have been cases when a defendant has stood up in court and said that whilst the Camera Partnership say they sent the NIP in time it was not received by me until after the 14 days were up. I also believe some people have been let off on that ground, however as stated above there are serious penalties for lying in Court, so only do it if its true and its still not guaranteed.
I would imagine one might have a defence in the recent strike (is it still ongoing?) on the grounds that there was no ordinary course of post and I believe the Royal Mail said they will try to deliver Special Delivery stuff on time but other stuff might be delayed.
However whether it is a defence would, I assume, be up to the courts.
I would imagine one might have a defence in the recent strike (is it still ongoing?) on the grounds that there was no ordinary course of post and I believe the Royal Mail said they will try to deliver Special Delivery stuff on time but other stuff might be delayed.
However whether it is a defence would, I assume, be up to the courts.
esselte said:
polus said:
esselte said:
polus said:
esselte said:
Just_a_guide said:
esselte said:
NIPs are sent out using ordinary post,not registered or recorded.If their system says they've sent it it would be up to you to prove you hadn't recieved it (I think).
they can proove they gave it to the GPO after that ???"..A notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. If this is the case then it will have been deemed to have been served even if it is delivered outside the 14 day period.."
One i got was recieved 10 days after the due period and even postmarked that date but the letter inside was back-dated. what can you do? Wasn't worth argueing over, although i was really mad at the time, as it was so clearly out of time.
The system in this case is always down to you to prove your part or innocence not them to prove any action they have taken or not, again shocking really. Its just not worth your time or money and the consequences are likey to be worse if you don't take the initial "deal".
It is now very hard to avoid a ticket guilty or innocent, and Magistrates will always believe the evidence put before them or given by a police officer unless you can prove beyond any doubt that it is not the case, not the other way round. It can be done but is very very rare.
The system in this case is always down to you to prove your part or innocence not them to prove any action they have taken or not, again shocking really. Its just not worth your time or money and the consequences are likey to be worse if you don't take the initial "deal".
It is now very hard to avoid a ticket guilty or innocent, and Magistrates will always believe the evidence put before them or given by a police officer unless you can prove beyond any doubt that it is not the case, not the other way round. It can be done but is very very rare.
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