Postage and NIP
Discussion
Having a bad week, I have received a fine for non-payment of the concetion charge, £75 doubled to £150 plus the leasing companies £25, don;t know what the leasing company did with the first one!
And my wife has recieved a NIP, and conditional offer to settle. However it was franked with postage paid at 29p. That is neither 1st nor 2nd. She has ripped open the envelope as wasn;t expecting the NIP, so any advice?
And my wife has recieved a NIP, and conditional offer to settle. However it was franked with postage paid at 29p. That is neither 1st nor 2nd. She has ripped open the envelope as wasn;t expecting the NIP, so any advice?
Sect 1 Road Traffic Offenders Act 1988 .... a person shall not be convicted of an offence unless .....within 14 days of the offence.....NOIP SERVED on him or Reg Keeper.
Sect 1A (c) ...may be SERVED by sending it registered post, recorded delivery post or FIRST CLASS Post.
The cost of first class Post is 30 p yours was franked at 29 so there is an argument that this was not first class post therefore under the terms of the above section NOIP has not been correctly served so there can be no conviction.
It would appear you have the options of :
(1) Writing back to the SCP pointing out their error and that if proceedings were taken then a Not Guilty plea would be entered. They may accept and abort or not. If not:
Bearing in mind that under Section 1 (3) the requirement of 1 shall in every case be deemed to be complied with unless and until the contrary is proved.
Which puts the balln your court to disprove they were right. Who decides - The Magistrates so:
(2) Inform them of an intention to plead Not Guilty and get them to summons to Court where you can have your say as to why NOIP not served.
It will make your case credible if there is some design logo or information on the 29 p stamped envelope came from the SCP to tie in with the NOIP .If not it opens an argument from their side that the envelope isn't theirs.
Retain the envelope as your best evidence at all times.
(3) Going for the Conditional offer.
As always the choice is yours....
DVD
>> Edited by Dwight VanDriver on Wednesday 18th May 14:43
Sect 1A (c) ...may be SERVED by sending it registered post, recorded delivery post or FIRST CLASS Post.
The cost of first class Post is 30 p yours was franked at 29 so there is an argument that this was not first class post therefore under the terms of the above section NOIP has not been correctly served so there can be no conviction.
It would appear you have the options of :
(1) Writing back to the SCP pointing out their error and that if proceedings were taken then a Not Guilty plea would be entered. They may accept and abort or not. If not:
Bearing in mind that under Section 1 (3) the requirement of 1 shall in every case be deemed to be complied with unless and until the contrary is proved.
Which puts the balln your court to disprove they were right. Who decides - The Magistrates so:
(2) Inform them of an intention to plead Not Guilty and get them to summons to Court where you can have your say as to why NOIP not served.
It will make your case credible if there is some design logo or information on the 29 p stamped envelope came from the SCP to tie in with the NOIP .If not it opens an argument from their side that the envelope isn't theirs.
Retain the envelope as your best evidence at all times.
(3) Going for the Conditional offer.
As always the choice is yours....
DVD
>> Edited by Dwight VanDriver on Wednesday 18th May 14:43
m-five said:
30p is the price for mere mortals, perhaps businesses (as I am sure most Scamera operators are) get a cheaper rate for the amount of mail they send?
I think you are right here. Post girl has gone for the day but i seem to remember that it stayed at 29p for franked mail.
In anycase the PO are gits if it was under stamped. we regularly end up paying 1p plus the £1 handling fee they charge
m-five said:
30p is the price for mere mortals, perhaps businesses (as I am sure most Scamera operators are) get a cheaper rate for the amount of mail they send?
Good point that. Thought about that after I had posted and unable to confirm by call to PO am tomorrow on my morning perambulation.
DVD
winnebago nut said:
Sorry guys, I think he is talking about Ken livingston's congestion charge here, Not SCP's. Atb Derek.
Nope congestion charge is just a pain in the butt and effectively legal theft! I'll find it hard fighting that one.
It's my wife's NIP which we might be able to fight.
Dwight VanDriver said:
30p is the price for mere mortals, perhaps businesses (as I am sure most Scamera operators are) get a cheaper rate for the amount of mail they send?
Good point that. Thought about that after I had posted and unable to confirm by call to PO am tomorrow on my morning perambulation.
DVD
Having checked the Royal Mail website it would appear that small businesses get 1p off Franked mail. Damn and blast!
parrot of doom said:
Do not forget to leave it until after the 14 days is up to do anything, then they cannot re-issue it.
So long as they post it within 14 days. It makes no difference how long you take to post it (although it helps to string it out).
But if you reply that a NIP has been incorrectly served within 14 days, it gives tham a chance to issue it correctly if you're too eager. Don't forget, they can deliver it by hand if necessary.
Yup, had one served to me in person on the fourteenth day once
chrisgr31 said:
Sorry guys, I think he is talking about Ken livingston's congestion charge here, Not SCP's. Atb Derek.
Nope congestion charge is just a pain in the butt and effectively legal theft! I'll find it hard fighting that one.
It's my wife's NIP which we might be able to fight.
Opps Look's like i got it wrong
.Atb DerekI work for a local authority, we pay 29p for first class franked post. So I assume that any franked first class mail goes for 29p, not just that from small businesses.
Second class franked mail still goes for 24p though.
You'd also be amazed how many letters sent out by us don't arrive (the clients know we are sending the letter, as it contains good news for them, and tell us it's not arrived)! I'd guesstimate around 10%.
Rich.
Second class franked mail still goes for 24p though.
You'd also be amazed how many letters sent out by us don't arrive (the clients know we are sending the letter, as it contains good news for them, and tell us it's not arrived)! I'd guesstimate around 10%.
Rich.
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