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Serving Speeding Notice, Serving Speeding Notice
42000
post Tue, 12 Jun 2018 - 01:06
Post #1


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Hi Guys,

Any help really appreciated.


I was travellinh 26mph in a 20mph in my moms car.

She received an NIP letter asking for drivers details.

The speeding happened on the 11th Dec

Her NIP letter was dated 19th December. This gave a maximum of 4 days to be delivered before Chrimas. However it arrived later.

She replied to the NIP that I was the drver however she added a note that the letter came after the 14 days.

The police just sent me a further NIP letter.
WHen I argued (Informally in an email) that she had received it late this is the response I received:

Good afternoon,



I note your comments and must explain that the 14 day delivery required by law is for this office to send the 1st Notice of intended Prosecution not for receipt of it, the 1st Notice was sent to......... on the 19/12/2017 which is 8 days after the date of the offence therefore within the legal timescale.

I responded with this:
I wonder why you claim that it only needs to sent within 14 day when in fact it needs to be served (ie delivered) within 14 days.
If as you claim it was only sent out on the 19th there was only a 3 day frame when my mother could have received it to be within the 14 days and with it being the chistmas season, there was a high probability that it would arrive late and you seem to have agreed to this by claiming that it just needs to be sent in time and therefore you followed the correct procedure.
I would appreciate if you can please double check what your requirements are, since I think you will find that I am right and you are making a mistake. I hope this will lead to an apology and a cancellation of the fine.

To which I received a response:
Thank you for your recent communication.



I have noted your comments but am unable to vary the decision already conveyed to you.

Accordingly, this matter will proceed in the manner previously advised.



My 2 questions are:
1) is is it possible to claim in court that the police accepted that it came late and therfore it wasnt served in time.
2)If I take a non guilty plea and I loose, will it make any difference besides a higher fine ie do I get any records or anything which can afeect me in any way like taking a mortgage ....


Thanks
in advance
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post Tue, 12 Jun 2018 - 01:06
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The Rookie
post Tue, 12 Jun 2018 - 06:16
Post #2


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Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Did you name yourself as the driver or not?

A late NIP doesn’t not provide a legitimate reason for not replying, presumably you have some form of ‘summons’, what offences is on it?

The interpretation act deems the NIP was served in time (assuming they can prove date of posting to the courts satisfaction) so you have the task of convincing a court it genuinely arrived late.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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Jlc
post Tue, 12 Jun 2018 - 06:29
Post #3


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From: With Mickey
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The NIP does have to arrive within the 14 days but it was apparently posted in time to be received. Of course, they don’t always arrive but it will be presumed delivered and you would have to show otherwise, I.e. convince the court.

Assuming England/Wales then pleading not guilty opens you up to prosecution costs should you lose. Guideline figure is £620 versus £85 for a guilty plea.

I presume you rejected any course or fixed penalty?

The outcome won’t affect your credit record etc.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Tue, 12 Jun 2018 - 09:21
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If the offence was on 11 December, the last postal day they could have served the NIP "in time" would have been Saturday 23 December. The post is slower at Christmas but not that much slower.

According to https://www.postoffice.co.uk/christmas/last-posting-dates the last posting date for Christmas (i.e. for delivery no later than 23 December) was Thursday 21 December, so the police can still argue that "in the ordinary course of the post" the NIP would have been delivered in time, and it will remain for you to show otherwise. Without corroborating evidence of some sort, I wouldn't chance it.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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