NIP 14 day rule

Andr3w said:
So...when you get the letter can you not just burn it and say it never got delivered? ORRRR hide it away and get it out two weeks later?
Click to expand...

The requirement has always that the NIP must be posted with the expectation that it will arrive within 14 days. So weekends, bank and other holidays plus known postal strikes should be accounted for when posting. The postal date will be recorded so pretending you haven't seen the NIP when it could be proved that it was sent in plenty of time won't wash.
 
Alibaba99 said:
The requirement has always that the NIP must be posted with the expectation that it will arrive within 14 days. So weekends, bank and other holidays plus known postal strikes should be accounted for when posting. The postal date will be recorded so pretending you haven't seen the NIP when it could be proved that it was sent in plenty of time won't wash.
Click to expand...

This ruling changes that, the old expectation is gone.
 
Alibaba99 said:
The requirement has always that the NIP must be posted with the expectation that it will arrive within 14 days. So weekends, bank and other holidays plus known postal strikes should be accounted for when posting.
Click to expand...

Again, that was the interpretation up until now. This article gives a bit more information, but the High Court judge has "warned the police and prosecuting authorities not to use the first class post and said they must adopt other means of delivering "statutory notices of intended prosecution" (NIPs) if they were to avoid the risk of late delivery."

EDIT: As Dolph says. (should have refreshed before replying!)
 
By "deliver" do they mean hand-to-hand by the postman?

People can claim "they did not get it" otherwise, no?

I think the law is "too good to be true" tbh :)
 
drak3 said:
By "deliver" do they mean hand-to-hand by the postman?

People can claim "they did not get it" otherwise, no?

I think the law is "too good to be true" tbh :)
Click to expand...

This is why the judge has said that the law needs to be rewritten by parliament as part of his judgement. At the very least, they need to send the letters by recorded delivery.
 
I won't see why these couldn't be delivered electronically in most cases. It'd save a lot of time and effort and reduce the reliance on a lazy postal service.
 
JonRohan said:
I won't see why these couldn't be delivered electronically in most cases. It'd save a lot of time and effort and reduce the reliance on a lazy postal service.
Click to expand...

People can easily claim they 'didn't get it' or that they got cut off by their ISP or another load of excuses. The only method really would either be hand delivered (not really possible) or send the letters recorded delivery.
 
Was on the news about that, when they were on about the postal strikes, were saying loads of people who are expecting fines and 3 points will be rejoicing, as they'll not get them in time :D

Everytime i go out now, im just going to be doing a ton, ill be belting past speed cameras vans, Gatso's, lobbing me v's up shouting 'YER CAN'T DO **** ALL, AVE IT!!!' :D :D :D
 
Recorded delivery = responsibility for postman ... not going to happen ... unless they pay them 20K more for "stress allowance" :p
 
Dolph said:
This is why the judge has said that the law needs to be rewritten by parliament as part of his judgement. At the very least, they need to send the letters by recorded delivery.
Click to expand...

Exactly - at the moment, postal law states that if you post something it can be assumed delivered 2 days later unless you are informed otherwise. So if there is a re-writing of the law it will be good (in the eyes of the prosecuted) for things like NIPs being served, but bad for disputes with the DVLA . Can't win 'em all!
 
My office used to send a lot of stuff out by recorded delivery notifying people of legal issues related to their properties. I put a stop to it because if people aren't in when the delivery is attempted then a significant percentage of letters ended up coming back to us becuase they were uncollected. That, and it costs a fortune compared to standard post.
 
Hi All

I'm the guy who took this to the High Court and thought i'd say hello and answer any questions you may have.

Jst to clarify the current law on posting of NIPs...

(Assuming sent to last known RK, last known address, in a time when it would normally arrive within the 14 days, i.e. no good sending it day 13...)

Recorded and Special Delivery - creates an irrebuttable presumption of delivery. It doesn't even have to arrive. It can be returned not signed for. It is still deemed served.

1st class post - no such irrebuttable presumption. Show the Court on a balance of probabilities that you received it late, and you have successfully rebutted the presumption.

Any other questions, i'll be glad to answer.
 
High court precident overturns anything in the Magistrates court, yes?

I ask because a while back my GF recently got flashed and the first we heard about it was a court summons, ended up costing us £165 + 3 points. Even more annoying was it was 36 in a 30 (dual carriageway, 11pm) and she would have been eligible for speed awareness.
 
You must log in or register to reply here.
Back
Top Bottom