how lnog does it take for the nice letter in the post.
Discussion
They have 13 days, not including the day of the offence, to have it printed and placed in a post box first class so it arrives on or before the 14th day. The law states that a document send first class is deemed to have been delivered the following postal delivery day.
Where the 14th day is a Sunday it will have to be posted on or before the 12th day. Same with Bank Holidays.
Where the 14th day is a Sunday it will have to be posted on or before the 12th day. Same with Bank Holidays.
Sorry chap, but the above 14 day posts only apply to the Notice of Intended Prosecution. Which you have had verbally from the BiB that stopped you. They now have six months to lay charges against you, and quite often take that long doing it. The 14 day thing doesnt apply here.
Chin up, they might forget...
Chin up, they might forget...
randlemarcus said:
Sorry chap, but the above 14 day posts only apply to the Notice of Intended Prosecution. Which you have had verbally from the BiB that stopped you. They now have six months to lay charges against you, and quite often take that long doing it. The 14 day thing doesnt apply here.
Chin up, they might forget...
Chin up, they might forget...
Ahh missed the bit about being done by an unmarked police car!
chrisgr31 said:
The law states that a document send first class is deemed to have been delivered the following postal delivery day.
The law states nothing of the kind. A NIP is presumed to arrive unless and until the contrary is proved. There is no mention in law of when that is.
The only thing that is cast iron is that a NIP has to be 'served' on the RK of a vehicle within 14-days. That means he has to receive it within 14-days and not merely that the police have to post it within 14-days.
vonhosen said:
NugentS said:
DeMolay is correct.
The presumption of service is rebuttable.
Sean
The presumption of service is rebuttable.
Sean
Unless if sent by registered post or recorded delivery.
not quite surely. Being sent by registered post or recorded delivery isn't the issue, its the delivery. Just because its sent, even by registered post or recorded delivery, it still doesn't prove delivery, until its signed for. After all, even registered post or recorded delivery could get lost before delivery.
Also, what happens if its signed for, but not by the RP ??
boosted Ls1 said:
I wonder what would happen if you complained to the post office about some important mail you never received. Could the inferance of an irregular postal service to your address be useful later on?
Boosted.
Boosted.
Indeed.
I did read of a case where a defendant, who claimed not to have received a NIP, produced evidence that showed his mail delivery was erratic. He was found not guilty.
Virtually all camera partnerships are under the misapprehension that merely posting a NOIP within 14-days is enough to ensure service. It isn't. As vonhosen has indicated, the only way to guarantee service is to send it by recorded delivery (registered post no longer exists).
gozomark said:
not quite surely. Being sent by registered post or recorded delivery isn't the issue, its the delivery. Just because its sent, even by registered post or recorded delivery, it still doesn't prove delivery, until its signed for. After all, even registered post or recorded delivery could get lost before delivery.
As it stands, this isn't the case. However, it has been submitted by the authors of Wilkinson's Road Traffic (section 2.234 of the 21st edition, if memory serves me rightly) that due to the vagaries of the current postal system, the rebuttable presumption of service should be extended to all methods of postage.
Until case law answers that specific point then the presumption of service for recorded delivery will be very difficult to rebut.
gozomark said:
vonhosen said:
NugentS said:
DeMolay is correct.
The presumption of service is rebuttable.
Sean
The presumption of service is rebuttable.
Sean
Unless if sent by registered post or recorded delivery.
not quite surely. Being sent by registered post or recorded delivery isn't the issue, its the delivery. Just because its sent, even by registered post or recorded delivery, it still doesn't prove delivery, until its signed for. After all, even registered post or recorded delivery could get lost before delivery.
Also, what happens if its signed for, but not by the RP ??
As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.
There is the potential to rebut with first class post but the burden of proof, where posted on time, lays with you.
Edited by vonhosen on Monday 30th October 16:56
vonhosen said:
As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.
That's not quite right, or you're not making yourself clear enough.
If you mean that providing it's sent out by recorded delivery within 14-days, then I disagree. If, however, you mean that providing it is sent out in such time as it may reach the RK within 14-days (through the normal course of post) then I would agree.
DeMolay said:
vonhosen said:
As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.
That's not quite right, or you're not making yourself clear enough.
If you mean that providing it's sent out by recorded delivery within 14-days, then I disagree. If, however, you mean that providing it is sent out in such time as it may reach the RK within 14-days (through the normal course of post) then I would agree.
That is indeed what I mean.
vonhosen said:
As it stands in law, if sent by recorded delivery or registered post within the time limits, it is deemed as served.
There is the potential to rebut with first class post but the burden of proof, where posted on time, lays with you.
This seems all wrong. If sent by recorded or registered the burden of proof lies with the sender or the senders agent. Should the recipient claim not to have recived it and the sender has no signature as Proof of Delivery, the recip[ients denial of reciept must stand.
But with first class post, there is no proof of anything, how can that be right?
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