10 days NIP rule - have I got this wrong?

10 days NIP rule - have I got this wrong?

Author
Discussion

NoisyGriff

Original Poster:

573 posts

269 months

Monday 4th August 2003
quotequote all
Gents,

I remember hearing a while ago about a law that states that a Notice of Intent to Prosecute has to arrive on your doormat within 10 days of being trapped by a speed camera. I might have got this wrong.

A mate (honestly!) was clocked at 60 in a 50 on June 4th and the NIP arrived on June 20th. Do we have a leg to stand on?

If so, does anyone know the exact rule or how to cite it?

Cheers.

pies

13,116 posts

257 months

Monday 4th August 2003
quotequote all
NIP rule is fifteen days including the one on which you we caught.

That is the time in which it must arrive at the REGISTERED KEEPER if your mate is a company car driver etc, no time limit for him to recieve it (i think)

madcop

6,649 posts

264 months

Monday 4th August 2003
quotequote all
pies said:
NIP rule is fifteen days including the one on which you we caught.

That is the time in which it must arrive at the REGISTERED KEEPER if your mate is a company car driver etc, no time limit for him to recieve it (i think)


Correct

dontlift

9,396 posts

259 months

Monday 4th August 2003
quotequote all
Given that the NIP is not sent recorded how do they prove this?

pies

13,116 posts

257 months

Monday 4th August 2003
quotequote all
madcop said:


pies said:
NIP rule is fifteen days including the one on which you we caught.

That is the time in which it must arrive at the REGISTERED KEEPER if your mate is a company car driver etc, no time limit for him to recieve it (i think)




Correct



Ah bliss now for the offside rule



>> Edited by pies on Monday 4th August 14:26

madcop

6,649 posts

264 months

Monday 4th August 2003
quotequote all
dontlift said:
Given that the NIP is not sent recorded how do they prove this?


They have a copy, the forms are in triplicate and are self carbonating. The file copy is endorsed on the back by the person delivering the NIP with the service method which is used, then signed and endorsed on the back of the copy to support the evidence that it was posted.

The police only have to prove it was served and not received. They do not have to use recorded delivery as even this does not gaurantee that the form is received by the person it is adressed to (anyone can sign for a recorded delivery envelope).

GregE240

10,857 posts

268 months

Monday 4th August 2003
quotequote all
Seem to remember this is called "The Postal Rule", from my dim and distant law stuides.

NoisyGriff

Original Poster:

573 posts

269 months

Monday 4th August 2003
quotequote all
Guys,

Thank you for that.

Doing my maths, he will be right on the edge. So there should be a 'date posted' on the NIP somewhere.

I'l get him to check that.

One thing I have thought, though, is that the police do this day in, day out. They are not beginners when it comes to prosecuting people for speeding, so they have probably got it right this time.

Worth a try, though, isn't it?

safespeed

2,983 posts

275 months

Monday 4th August 2003
quotequote all
pies said:
NIP rule is fifteen days including the one on which you we caught.

That is the time in which it must arrive at the REGISTERED KEEPER if your mate is a company car driver etc, no time limit for him to recieve it (i think)


Not absolutely exactly - The rule is that it must be sent so that it would arrive with the registered keeper no later than 14 days after the offence in the normal course of post.

In other words: A postal delay does not work in your favour.

["14 days after" is the same as "fifteen days including the one on which you were caught"]

Best Regards,
Paul Smith
Safe Speed
www.safespeed.org.uk