Discussion
cliffe_mafia said:
Has to be first class...
The best part is that they are assumed to have arrived at their destination and you would have to prove that it didn't.
This is correct.
The Criminal Justice and Public Order Act 1994 amended the Road Traffic Offenders Act 1988 to allow first class mail, with the burden of proof being placed on the recipient.
B@stards.
Just because an NIP was sent out, it doesn't automatically mean that it arrives.
The police could, if they chose, send all NIPs out by recorded delivery. Why don't they? I'll give you three guesses......
Cost? Well done. Right first time. By sending the NIP out first class, the police are (in my opinion) taking a chance. The vagaries of the postal system are very well known, and a good deal of these NIPs will never reach their intended recipient.
Conceivably, the way to refute you recieved it would be to stand up in court and state as much. I reckon the magistrate has to side with the defendant, as that is the only way you can disprove the police's assertion.
The police could, if they chose, send all NIPs out by recorded delivery. Why don't they? I'll give you three guesses......
Cost? Well done. Right first time. By sending the NIP out first class, the police are (in my opinion) taking a chance. The vagaries of the postal system are very well known, and a good deal of these NIPs will never reach their intended recipient.
Conceivably, the way to refute you recieved it would be to stand up in court and state as much. I reckon the magistrate has to side with the defendant, as that is the only way you can disprove the police's assertion.
Just for info, in case you are returning a NoIP or other important document, tax return say, and there is a possibility of some penalty if the other party does not receive it, then recorded delivery is NOT the way to go.
Special Delivery is the method of choice as the item is tracked from end to end.
Recorded delivery is just slung into the normal post and is only treated differently at the point of delivery, ie a signature in theory.
Likewise proof of posting is worth square root of beggar all when it comes to the crunch.
Wolverhampton sorting office once lost some very important communication between myself and Bank of China. The Post Office itself had advised that recorded delivery was all that was needed, but when brown stuff hit the fan we just got an oops, will a book of stamps recompense you. All sorted in the end and I got my dosh >$125k but an anxious few weeks.
Special Delivery is the method of choice as the item is tracked from end to end.
Recorded delivery is just slung into the normal post and is only treated differently at the point of delivery, ie a signature in theory.
Likewise proof of posting is worth square root of beggar all when it comes to the crunch.
Wolverhampton sorting office once lost some very important communication between myself and Bank of China. The Post Office itself had advised that recorded delivery was all that was needed, but when brown stuff hit the fan we just got an oops, will a book of stamps recompense you. All sorted in the end and I got my dosh >$125k but an anxious few weeks.
errrr nice try mate, but the burden of proof is YOURS, because a lot of people strangely try to say that nothing arrived. 
What I am curious to learn is if the 14 day limit is because it is the time deemed that you can remember stuff like who was driving.... then if you "lost" the NIP, and they sent another one 4 weeks later - is this a defence for "I can't remember" ??????
Stuff the cameras. Stuff the stupid low speed limits. Stuff the idiots who make the rules, and stuff the dummies who crash too often thus inflicting these limits on us!!!!
Drive safe all.
What I am curious to learn is if the 14 day limit is because it is the time deemed that you can remember stuff like who was driving.... then if you "lost" the NIP, and they sent another one 4 weeks later - is this a defence for "I can't remember" ??????
Stuff the cameras. Stuff the stupid low speed limits. Stuff the idiots who make the rules, and stuff the dummies who crash too often thus inflicting these limits on us!!!!
Drive safe all.
Pigeon said:
Has to be first class...
The best part is that they are assumed to have arrived at their destination and you would have to prove that it didn't.
Which is of course impossible, thereby demonstrating that they are a bunch of female genitalia.
It's not impossible at all. You get into the witness box and swear it didn't arrive. It's easy. The sworn testimony of a convincing witness simply HAS to carry weight in a court, otherwise how on earth else would you prove it didn't arrive?
Notice deemed to HAVE BEEN SERVED if posted for delivery in the normal course of the post within 14 days even if not received in that time. So said a wigged one at High Court-Nicholson v Tapp [1972].
Never forget that under Section 7 The Interpretation Act 1978 - Where an Act authorises or requires any 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 woulod be delivered in the ordinary course of the post.
Whilst ignorant on current methods, but can imagine still thus, twas the case that when NOIP posted a Certificate of Service under Mags Crt Act was completed with date and attached to copy. Any question as to whether or when posted could be answered forthwith at Court by production of said certificate. So if claimed never received, certificate said otherwise and law complied with.
DVD
Never forget that under Section 7 The Interpretation Act 1978 - Where an Act authorises or requires any 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 woulod be delivered in the ordinary course of the post.
Whilst ignorant on current methods, but can imagine still thus, twas the case that when NOIP posted a Certificate of Service under Mags Crt Act was completed with date and attached to copy. Any question as to whether or when posted could be answered forthwith at Court by production of said certificate. So if claimed never received, certificate said otherwise and law complied with.
DVD
As usual m'learned friend DVD's interpretation is correct.
But I put it to the PH court, is this fair and just?
The accuracy of mail deliveries is totally shot. Every day now I go for a walk delivering or returning mail as unknown or wrong address. Stuff goes missing.
Two examples.
1) Recently a scallywag found guilty of misappropriating 130,000 items of mail. Not the first, won't be the last.
2) Tax disc never arrived @ Villa FiF from fleet managers. Had to obtain a duplicate. Original somewhere, but where? Running around on a cloned car?
I'll know when the letterbox starts dropping undeserved NoIPs on the mat. Or worse still get dragged out of bed at 4am in my trollies by the robbery squad. Already happened to two colleagues!
But I put it to the PH court, is this fair and just?
The accuracy of mail deliveries is totally shot. Every day now I go for a walk delivering or returning mail as unknown or wrong address. Stuff goes missing.
Two examples.
1) Recently a scallywag found guilty of misappropriating 130,000 items of mail. Not the first, won't be the last.
2) Tax disc never arrived @ Villa FiF from fleet managers. Had to obtain a duplicate. Original somewhere, but where? Running around on a cloned car?
I'll know when the letterbox starts dropping undeserved NoIPs on the mat. Or worse still get dragged out of bed at 4am in my trollies by the robbery squad. Already happened to two colleagues!
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