Expected Speeding Ticket
Discussion
paintman said:
Are you the registered keeper of the car?
Is the address held by DVLA correct, up to date & you haven't moved/are currently living elsewhere?
Yes, Yes, I've not moved since I owned the car which I've had 18 months.Is the address held by DVLA correct, up to date & you haven't moved/are currently living elsewhere?
av185 said:
The 14 days is just the period within which the NIP has to be sent out.
I would give it another week yet.
I'm 99% sure it's got to be received within 14 days.I would give it another week yet.
av185 said:
TheBALDpuma said:
I'm 99% sure it's got to be received within 14 days.
No as I said it has to be sent within 14 days."The 14 day rule relates only to the period of time in which the Police/Process Unit must serve the original Notice. The Police do not have to prove that the Notice reached its intended recipient within 14 days, merely that they believe that it arrived, but there may be a defence available if the intended recipient can convince a Court that the notice did not arrive in time or at allservice of the Notice is good if it was sent to arrive at the registered keeper's last known address within 14 days of the offence"
So in circumstances like a postal strike or wrong keeper address, the police can't expect this to happen and the ticket would probably still stand.
Another Source...
"The 14 day limit refers to the amount of time that the Police need to process the original Notice of Intended Prosecution. There is a lot of misinformation about the 14 day rule, but the facts are:
It’s not up to the police to prove that the NIP reached the registered keeper within 14 days
It is up to the police to be able to prove that in the normal course of events, the NIP would have arrived at the last known address of the registered keeper within the 14 day time limit"
av185 said:
TheBALDpuma said:
I'm 99% sure it's got to be received within 14 days.
No as I said it has to be sent within 14 days.
NIP must be served (received) within 14 days by either the registered keeper or the driver (though as they don't know the driver.....)
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It used to be believed by many that it was sent, even the PNLD ('ask the police') stated sent in obvious contradiction of what the statute sent but Peter Gidden's case cleared that up.
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It used to be believed by many that it was sent, even the PNLD ('ask the police') stated sent in obvious contradiction of what the statute sent but Peter Gidden's case cleared that up.
Edited by The Rookie on Thursday 11th January 05:34
The Rookie said:
NIP must be served (received) within 14 days by either the registered keeper or the driver (though as they don't know the driver.....)
http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It used to be believed by many that it was sent, even the PNLD ('ask the police') stated sent in obvious contradiction of what the statute sent but Peter Gidden's case cleared that up.
unless they have reviewed the video and decided its DD and needs to go before the magistrate http://www.bailii.org/ew/cases/EWHC/Admin/2009/292...
It used to be believed by many that it was sent, even the PNLD ('ask the police') stated sent in obvious contradiction of what the statute sent but Peter Gidden's case cleared that up.
Edited by The Rookie on Thursday 11th January 05:34
ElectricPics said:
It should be received within 14 days. The police have an obligation to post it with enough time to reach the registered keeper within the 14 day period. If it arrives after that you can send it back rejecting it as out of time.
Which raises the question of how does one prove that it arrived outside of the 14 day period? If one claimed that the NIP arrived outside of the 14 day period presumably the police could claim, and demonstrate, if true, that the NIP was posted first class no later than the day prior to the 14 day expiry date, and could therefore claim deemed delivery, or not?
Does anyone know the answer?
agtlaw said:
May be apparent from the date posted. Otherwise, witness testimony from D and or others. E.g. postie, lover, wife, etc.
If you’re lucky, all three.
But for their testimony to be watertight that would mean all three being present when you opened the letter. If you’re lucky, all three.
Edited by agtlaw on Thursday 11th January 12:40
I guess that might present an even bigger problem than the arrival of a NIP!
johnao said:
ElectricPics said:
It should be received within 14 days. The police have an obligation to post it with enough time to reach the registered keeper within the 14 day period. If it arrives after that you can send it back rejecting it as out of time.
Which raises the question of how does one prove that it arrived outside of the 14 day period? If one claimed that the NIP arrived outside of the 14 day period presumably the police could claim, and demonstrate, if true, that the NIP was posted first class no later than the day prior to the 14 day expiry date, and could therefore claim deemed delivery, or not?
Does anyone know the answer?
In the absence of sufficient evidence regarding late delivery, I think I've read that the law presumes that the date of delivery is two days after the date of posting (depending on the class of postage used). So, if it is postmarked on day 14 or later, it ordinarily cannot have been delivered on time to meet the requirements. If it is postmarked on day 12 or earlier, it will be presumed delivered on time (subject to the Pope's testimony to the contrary). There is a current thread on Pepipoo regarding what happens if the postmark is on day 13, but the NIP is actually delivered on day 14...
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