Ooooh, this is interesting....
Discussion
Just gotten back from holiday and opened all my post. I have a letter from 2 weeks ago telling me that I'm a naughty boy for not having replied to my NIP that they supposedly sent me 6 weeks ago.
Now I tell the honest truth when I say that I NEVER RECEIVED THAT NIP.
It's my belief however, that you don't have to receive it within 14 days, they just have to prove that they POSTED it within 14 days.
But but but... the address on this letter is wrong. I'm impressed the postman got it to me since they have the house number out by almost 50 houses. So it stands to reason that the NIP was posted to that incorrect house also.
So, although I've no doubt they DID post it, it seems clear they've posted it to the wrong address.
Hell for all I know it's actually intended for the guy at that address and it's the name they've managed to screw up.....
So, how can/should I proceed?
cheers
Now I tell the honest truth when I say that I NEVER RECEIVED THAT NIP.
It's my belief however, that you don't have to receive it within 14 days, they just have to prove that they POSTED it within 14 days.
But but but... the address on this letter is wrong. I'm impressed the postman got it to me since they have the house number out by almost 50 houses. So it stands to reason that the NIP was posted to that incorrect house also.
So, although I've no doubt they DID post it, it seems clear they've posted it to the wrong address.
Hell for all I know it's actually intended for the guy at that address and it's the name they've managed to screw up.....
So, how can/should I proceed?
cheers
Does it not depend upon what your car reg document shows as your correct home address.
If your reg document shows your correct home address then tell them you have never received the NIP & point out why.
If your reg document is also wrong then they may have sent it within 14 days in which case you are at fault
If your reg document shows your correct home address then tell them you have never received the NIP & point out why.
If your reg document is also wrong then they may have sent it within 14 days in which case you are at fault
Don't ignore, they will come after you for S172. Check the V5. IF everything is in order, you should draft a letter to send them pointing out that they appear not to have served you with a NIP.
You will get good help drafting the letter over at www.pepipoo.com.
Repeat, do not ignore!
You will get good help drafting the letter over at www.pepipoo.com.
Repeat, do not ignore!
If you ignore it they'll (probably) eventually realise what's wrong - worst case maybe a police officer will turn up at the other house with a warrant for your arrest. If he gets redirected to you, you may well still end up spending some time at the nick.
Anyone know how would the documentation trail would work - once they correct the address in their database will all 'copies' of correspondence then show the correct address?
Anyone know how would the documentation trail would work - once they correct the address in their database will all 'copies' of correspondence then show the correct address?
Bobbins said:
If you ignore it they'll (probably) eventually realise what's wrong - worst case maybe a police officer will turn up at the other house with a warrant for your arrest. If he gets redirected to you, you may well still end up spending some time at the nick.
As others have said, if my V5 is correct and THEY'VE made a mistake there is NO WAY they can justify arresting me!
Check your V5 for vehicle involved in the incident for the address that is shown for you.
If this is incorrect then SC people would do a DVLA check and be given the wrong address and would send to that address listed. In doing so, despite the wrong address, then the service of the NOIP will be good providing it was sent out to be received within 14 days.(Clarke v Mould 1945, Carr v Harrison 1966 - where Police had approached Lic records in good time and furnished with wrong details held they had shown due diligence).
If the address of V5 is correct and was so before the incident and you are RK then two courses of action appear open.
1. Write to the Authority, together with a copy of the NOIP with the wrong details, copy VE5 with your correct details and politely (sarcasm etc gets you nowhere) point out what has occurred, that VE5 gives your correct address and NOIP sent to wrong address with which you have no connection and therefore they have failed to serve NOIP within 14 days thereby making any proceedings for speeding null and void.Consequently if any proceedings taken you intend to plead Not Guilty.
2.Authority are not obliged to accept the above at this stage, and could commence proceedings at Court as they may rely on the clause in the Act "the requirement (NOIP) shall in every case be deemed to have been complied with unless and until the contrary is proved."This puts the onus on a defendant to prove at Court on the balance of probabilities that NOIP has not been served under the terms of the Act.
In my opinion the authorities would be foolhardy not to discontinue.
Ensure you keep the NOIP/envelope (as best evidence) that has come into your possession in case it goes to Court. Evidence from occupier of where NOIP sent to would also help.
DVD
>> Edited by Dwight VanDriver on Tuesday 13th July 15:51
If this is incorrect then SC people would do a DVLA check and be given the wrong address and would send to that address listed. In doing so, despite the wrong address, then the service of the NOIP will be good providing it was sent out to be received within 14 days.(Clarke v Mould 1945, Carr v Harrison 1966 - where Police had approached Lic records in good time and furnished with wrong details held they had shown due diligence).
If the address of V5 is correct and was so before the incident and you are RK then two courses of action appear open.
1. Write to the Authority, together with a copy of the NOIP with the wrong details, copy VE5 with your correct details and politely (sarcasm etc gets you nowhere) point out what has occurred, that VE5 gives your correct address and NOIP sent to wrong address with which you have no connection and therefore they have failed to serve NOIP within 14 days thereby making any proceedings for speeding null and void.Consequently if any proceedings taken you intend to plead Not Guilty.
2.Authority are not obliged to accept the above at this stage, and could commence proceedings at Court as they may rely on the clause in the Act "the requirement (NOIP) shall in every case be deemed to have been complied with unless and until the contrary is proved."This puts the onus on a defendant to prove at Court on the balance of probabilities that NOIP has not been served under the terms of the Act.
In my opinion the authorities would be foolhardy not to discontinue.
Ensure you keep the NOIP/envelope (as best evidence) that has come into your possession in case it goes to Court. Evidence from occupier of where NOIP sent to would also help.
DVD
>> Edited by Dwight VanDriver on Tuesday 13th July 15:51
Then you have good grounds for an argument at Action 1 above. Point out their mistakes and the probability of original NOIP not being received by you because of their mistake.
But be aware that the option for them to take to Court remains. In the case R v Edmonton 1960 it is unnecessary for the Prosecution to give any evidence that its requirements have been fulfilled. It is for the Defence to allege that they have not and call evidence to this effect and show that the driver and RK have not had the Notice.
Good penmanship at the outset may get a result.
DVD
>> Edited by Dwight VanDriver on Tuesday 13th July 21:06
But be aware that the option for them to take to Court remains. In the case R v Edmonton 1960 it is unnecessary for the Prosecution to give any evidence that its requirements have been fulfilled. It is for the Defence to allege that they have not and call evidence to this effect and show that the driver and RK have not had the Notice.
Good penmanship at the outset may get a result.
DVD
>> Edited by Dwight VanDriver on Tuesday 13th July 21:06
Bobbins said:
If you ignore it they'll (probably) eventually realise what's wrong - worst case maybe a police officer will turn up at the other house with a warrant for your arrest. If he gets redirected to you, you may well still end up spending some time at the nick.
Anyone know how would the documentation trail would work - once they correct the address in their database will all 'copies' of correspondence then show the correct address?
This happened to me a couple of years ago, I actually wasnt aware the I had been given a summons to appear in court as I had split up from my girlfriend and the next occupants of the house didn't forward my mail. I explained to the bib what had happened, was put on bail to appear in court, signed a stat dec to confirm I didn't know anything about it and then had all points and points quashed.
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