Must NIP come in 14 days?
Discussion
Must be sent to the registered keeper within 14 days. Note that 'sent to' and 'received by' are 2 separate concepts and that the Scamera partnerships stubbornly refuse to believe that some post really does get lost in the system.
If it were truly about safety and not about the money, the 'problem' would go away by the simple expedient of using recorded delivery...
If it were truly about safety and not about the money, the 'problem' would go away by the simple expedient of using recorded delivery...
unrepentant said:
Am I right in thinking that NIP's should be received within 14 days of the offence being committed?
I was pretty sure that I got nabbed by a scamera van a couple of weeks ago but nothing's arrived and it's over 14 days.
Perhaps the guy was having his lunch after all.
Legally you're still in danger but in practical terms they usually come pretty quick!
On balance of probabliity you are safe!
pdV6 said:
Must be sent to the registered keeper within 14 days. Note that 'sent to' and 'received by' are 2 separate concepts and that the Scamera partnerships stubbornly refuse to believe that some post really does get lost in the system.
If it were truly about safety and not about the money, the 'problem' would go away by the simple expedient of using recorded delivery...
Is it sent or served? I thought it had to be served on the Registered Keeper within 14 days excluding the day of the offense, and that is calendar days not working days.
The difference between sent and served is that serfved means that it has to be received by the registered keeper. However it has to be remembered that in law if you post something first class it is assummed to be served the following day.
Therefore all they have to do is post the NIP within 13 days excluding the day of the offense and they will be within the law whether it is received or not.
chrisgr31 said:
Therefore all they have to do is post the NIP within 13 days excluding the day of the offense and they will be within the law whether it is received or not.
As long as NIP is posted within 14 days all is ok.
In reality 1st class post takes 3 days, so expect to wait up to 3 weeks for a NIP if you are the registered owner.
chrisgr31 said:
Is it sent or served? I thought it had to be served on the Registered Keeper within 14 days excluding the day of the offense, and that is calendar days not working days.
The difference between sent and served is that serfved means that it has to be received by the registered keeper. However it has to be remembered that in law if you post something first class it is assummed to be served the following day.
Therefore all they have to do is post the NIP within 13 days excluding the day of the offense and they will be within the law whether it is received or not.
Not quite. You are correct that it is "served", however, they define "served", for the purposes of section 1, as "sent by first class post".
Preposterous, I know, but in this country if the law says black is white, then black is white. Proving that black is not white is not a defence.
s2ooz said:
so then, what happens if you get it late? ignore it, or reply stating the time of offence has expired?
If the date of issue is more than 14 (15?) days since the date of offence, then simply reply stating that there is a bar on prosecution after this time.
If the date of issue is within the time limit, but you don't receive it for a while, unfortunately with this
ed up system, you're still liable.jeffreyarcher said:
Not quite. You are correct that it is "served", however, they define "served", for the purposes of section 1, as "sent by first class post".
Preposterous, I know, but in this country if the law says black is white, then black is white. Proving that black is not white is not a defence.
Where do they define served as posted within 14 days rather than received? I know case law has stated that if you post a document first class you can consider it "served" the next day, whether delivered or not. However thats not the same as saying a NIP is served the moment it is put on the post box.
chrisgr31 said:
Not quite. You are correct that it is "served", however, they define "served", for the purposes of section 1, as "sent by first class post".
Preposterous, I know, but in this country if the law says black is white, then black is white. Proving that black is not white is not a defence.
Where do they define served as posted within 14 days rather than received? I know case law has stated that if you post a document first class you can consider it "served" the next day, whether delivered or not. However thats not the same as saying a NIP is served the moment it is put on the post box.
The amendment is in the Criminal Justice and Public Order Act 1994, Schedule 9, Paragraph 6.-(3)
(3) In section 1 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (which requires warning of prosecution for certain offences to be given), after subsection (1), there shall be inserted the following subsection—
"(1A) A notice required by this section to be served on any person may be served on that person—
(a) by delivering it to him;
(b) by addressing it to him and leaving it at his last known address; or
(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address."
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