Proof of posting for NIP's?
Discussion
Son's NIP for speeding came as we were moving house. He has just received it (addressed to our new address)for the offence in June. The Police say it was sent to our old address, but we are paying the Post Office for redirection. They sent me a copy of 'proof of posting'. This is a typed list, date stamped within the 14 days. There is a space for a Postal officer to sign to say he has received it, but this is blank so the Post Office say it is not proof of posting. Are they right and if so can we get it cancelled?
P
Ok you are aware of the 14 day rule re NOIP.
Notice has to be served within this time and can be achieved by sending to RK by registered post, recorded delivery or first class post addressed to last known address.IIRC a Certificate of Service would be completed on the back of the NOIP by person posting.This Certificate can be produced at Court.
SC would interrogate DVLA record of your vehicle and send to your old address on file and send out.
The law goes on to say that NOIP deemed to have been served by post, nothwithstanding for any reason not received by offender. Matters not that you did not receive in 14 days through house change and no redirection by GPO.
In relation to service by post Sect 7 Interpretation Act 1978 where a document to be served by post, then unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of the post.
To contest non service is a matter you will have to take up at Court to counter the evidence that SC will give that it was posted within 14 days. From what you say a Herculean task.
DVD
.
Ok you are aware of the 14 day rule re NOIP.
Notice has to be served within this time and can be achieved by sending to RK by registered post, recorded delivery or first class post addressed to last known address.IIRC a Certificate of Service would be completed on the back of the NOIP by person posting.This Certificate can be produced at Court.
SC would interrogate DVLA record of your vehicle and send to your old address on file and send out.
The law goes on to say that NOIP deemed to have been served by post, nothwithstanding for any reason not received by offender. Matters not that you did not receive in 14 days through house change and no redirection by GPO.
In relation to service by post Sect 7 Interpretation Act 1978 where a document to be served by post, then unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of the post.
To contest non service is a matter you will have to take up at Court to counter the evidence that SC will give that it was posted within 14 days. From what you say a Herculean task.
DVD
.
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