AndyBrew

Hi

A friend of mine has just received his NIP through the post from our friendly Welsh Police Force his offence date was the 2nd October but the processed date was the 24th October.

So what is the score with the 14 day rule? And assuming his NIP is indeed over this 14 day period which it seems to be what should he do with it?

Thanks in advance

Andy

alter_ego

The 14 day rule only applies to the first NIP in the chain, the one to the registered keeper. It must be posted within 14 days of the alleged offence. There is no time limit on subsequent ones.
If he is the keeper, he should write to them pointing out their error.
You don't say whether it's N or S Wales. I believe that S. Wales are currently sending out NIPs by 2nd class post. This is not a valid method of service. However, in this case, he should not write to them (unless he's the registered keeper - in which case it will be too late), otherwise they'll just fix it by issuing a new one by 1st class post.

AndyBrew

It's his companies lease car so I'll pass on the info, I think it was South Wales

thanks

Andy

hedgehog

Alter_ego is spot on the money on this one. Your friend needs to be sure that he is the registered keeper of the car. If it is a company car or a lease car then this will almost certainly not be the case and then the 14 day rule doesn't apply, at least not to him.

If the NIP clearly has a processing date of 24th on it then he might, just might, be one of the very few to get off on the 14 day rule. You should make him aware, however, that in these cases it is common for them to continue to fight the issue right to the pre-trial review or at least until the papers are passed to the CPS. So, even if he is clearly in the right, your friend may need to endure a range of threatening communications from the police, a summons and the possible expense of retaining a solicitor. As long as he is prepared for this then he will be OK however some people who don't expect it take fright and give in even though they hold the winning hand.

As was pointed out hold on to everything, including the envelope, specially if it was sent 2nd class. I am not aware of anyone actually having taken the 2nd class post matter to court yet, though alter_ego might know better, but it is important that your friend dosen't mention it to them when they are still in a position to issue him with another NIP by 1st class post. So, should your mate have cause to communicate with them, something to be avoided at all costs, great care must be taken in what is said. The second class post issue isn't an internet fable, by the way, it is very clearly written in the law it just seems that, to date, no one has picked up on it.

Wish him good luck from us all, every person who fights this tax scam takes us one step closer to it's death.

AndyBrew

thanks for the replies guys he is going to be taking at look at them this evening.

thanks again

Regards

Andy

alter_ego

See also: http://www.htvwales.com/news/archive...trapfiasco.htm

[Edited by alter_ego - 10/27/2003 10:41:22 AM]