Speeding, and the 14 day rule.
07 May 2010, 01:23 PM
#1
Speeding, and the 14 day rule.
I've read, somewhere, that you have to be sent a NIP within 14 days of the offence?
I know that if they have grounds not to have easily found you, (moved, changed cars, hire car, etc), they can extend it, but what I want to know is, has anyone on here ever succesfully challenged one on the grounds that it didn't arrive inside 14 days?
And is it 14 WORKING days, or just two weeks dead?
And before anyone asks, no.
I know that if they have grounds not to have easily found you, (moved, changed cars, hire car, etc), they can extend it, but what I want to know is, has anyone on here ever succesfully challenged one on the grounds that it didn't arrive inside 14 days?
And is it 14 WORKING days, or just two weeks dead?
And before anyone asks, no.
07 May 2010, 01:38 PM
#2
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Technically yes, Statute states that the requirement is to serve an NIP within 14 calendar days. But, because they are sent out non recorded, you would have to prove it was never sent. Someone on Pepipo contested one on these grounds and lost unfortunately, as there defence was simply "it must have got lost in the post and additional NIPs were sent out before prosecution proceeded"
07 May 2010, 01:40 PM
#3
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^^ Eh! How can one prove that something did or didn't turn up? If I say it never arrived there is no proof by virtue that it never arrived ... impossible for anyone else to prove otherwise. How is it possible to lose that arguement 
TX.
TX.
07 May 2010, 02:21 PM
#4
It's an argument that goes back to 1818 when someone posted the acceptance of an offer to buy some wool. The Law can assume in some circumstances that if the letter was "properly posted" then the deed is done..........
Shaun
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07 May 2010, 02:27 PM
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That was the last time I bought anything off someone on ScoobyNet!
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07 May 2010, 07:22 PM
#10
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07 May 2010, 07:27 PM
#11
The only 3 I've ever had all arrived well within 14 days, but the last one of those was 9 years ago (long before I got my scoob 
).
If the postmark and/or the date in the letter was more than 14 days after offence, I'd say that's a very good case though.
).If the postmark and/or the date in the letter was more than 14 days after offence, I'd say that's a very good case though.
07 May 2010, 07:36 PM
#12
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There is a guy on Pistonheads that has recently won a case regarding this. He thought he may have gone through a speed camera too fast and watched his post coming. Anyway, it arrived on about day 16 so he he opened it in front of his postman as witness. I think the NIP had been sent on day 6 but there had been a postal dispute at the time. I think it went to court a couple of times where the police claimed they only had to show they had posted it within 14 days. Eventually a judge ruled that it had to arrive within 14 days as you had to be able to recall the incident. Or it had to be sent recorded delivery, which apparently they used to be but stopped because of the cost.
I will try and find the case and link to it.
I will try and find the case and link to it.
07 May 2010, 07:40 PM
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07 May 2010, 07:42 PM
#14
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Here you go 
So it has to arrive within 14 days. You have to be able to prove it of course.
Pistonheads
BBC link
So it has to arrive within 14 days. You have to be able to prove it of course.
Pistonheads
BBC link
Last edited by MMT WRX; 07 May 2010 at 07:45 PM.
07 May 2010, 07:45 PM
#15
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I think the NIP had been sent on day 6 but there had been a postal dispute at the time. I think it went to court a couple of times where the police claimed they only had to show they had posted it within 14 days. Eventually a judge ruled that it had to arrive within 14 days as you had to be able to recall the incident. Or it had to be sent recorded delivery, which apparently they used to be but stopped because of the cost.
I will try and find the case and link to it.
I will try and find the case and link to it.
S.1 RTOA requires that the notice be served within the 14 days (where applicable), not posted within the 14 days.
S.7 IA 1978 provides that (unless the contrary is expressly stated), service is deemed to have been effected at when the notice would have been delivered in the normal course of the post - unless the contrary is proven.
S.7 IA 1978 provides that (unless the contrary is expressly stated), service is deemed to have been effected at when the notice would have been delivered in the normal course of the post - unless the contrary is proven.
07 May 2010, 07:50 PM
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Plenty of threads on PH regarding this and the links you have used.
08 May 2010, 08:45 AM
#19
Technically yes, Statute states that the requirement is to serve an NIP within 14 calendar days. But, because they are sent out non recorded, you would have to prove it was never sent. Someone on Pepipo contested one on these grounds and lost unfortunately, as there defence was simply "it must have got lost in the post and additional NIPs were sent out before prosecution proceeded"
08 May 2010, 08:48 AM
#20
There is a guy on Pistonheads that has recently won a case regarding this. He thought he may have gone through a speed camera too fast and watched his post coming. Anyway, it arrived on about day 16 so he he opened it in front of his postman as witness. I think the NIP had been sent on day 6 but there had been a postal dispute at the time. I think it went to court a couple of times where the police claimed they only had to show they had posted it within 14 days. Eventually a judge ruled that it had to arrive within 14 days as you had to be able to recall the incident. Or it had to be sent recorded delivery, which apparently they used to be but stopped because of the cost.
I will try and find the case and link to it.
I will try and find the case and link to it.
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