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Full Version: The 14 day rule (again).
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mole
It can be sent recorded, 1st or second class. All that matters is that it was posted within 14 days. (Not delivered within 14 days).

What do you mean, the offense occurred on the 14th May?
mole
QUOTE
NO!! It has to be delivered within fourteen days, and 2nd class post is not allowed when serving the first NIP.


From experience, an appropriate witness statement only says that the first NIP was sent within 14 days. No where does it say that they have proof it was received within 14 days (as most NIP's are sent in normal post).

Also, I've never seen anything that says it must be sent by 1st class post - anyone care to give me a source so I can check this out further?
grimshaw
Hi Mole,

I found the these posts helpful on this site..

http://forums.pepipoo.com/index.php?showtopic=2905

&

http://forums.pepipoo.com/index.php?showto...&#entry2262

I think the key word is served.. This would be the day the accused had it in his hand. 1st post next day not the date it was sent.
MartinHP71
QUOTE (mole @ Sat, 11 Nov 2006 - 23:31) *
QUOTE
NO!! It has to be delivered within fourteen days, and 2nd class post is not allowed when serving the first NIP.


From experience, an appropriate witness statement only says that the first NIP was sent within 14 days. No where does it say that they have proof it was received within 14 days (as most NIP's are sent in normal post).

Also, I've never seen anything that says it must be sent by 1st class post - anyone care to give me a source so I can check this out further?


It says in lots of places but mainly in the act iteself which says it needs to be served via recorded or 1st class mail to be legally served.
mole
Right, thanks. So if a NIP took 3 days to arrive due to something like a postal strike or royal mail incompetence (for example) it could push it over the edge of the 14 day boundary?

I suppose the problem would be proving that it was delivered outside the 14 days, as the police would assume next day delivery otherwise?
MartinHP71
QUOTE (mole @ Sat, 11 Nov 2006 - 23:49) *
Right, thanks. So if a NIP took 3 days to arrive due to something like a postal strike or royal mail incompetence (for example) it could push it over the edge of the 14 day boundary?

I suppose the problem would be proving that it was delivered outside the 14 days, as the police would assume next day delivery otherwise?


There are lots of post which discuss this very issue and can be found if you wish to search, but first or recorded is what its supposed to be.
soft_lad
QUOTE (mole @ Sat, 11 Nov 2006 - 23:31) *
From experience, an appropriate witness statement only says that the first NIP was sent within 14 days. No where does it say that they have proof it was received within 14 days (as most NIP's are sent in normal post).

Exactly. They can only say they sent it, which creates a 'presumption of service', this however can be rebutted with sworn testimony. (Only if sent by first class. Its deemed served whether you receive it or not, if sent by registered/recorded post)

QUOTE (mole @ Sat, 11 Nov 2006 - 23:31) *
Also, I've never seen anything that says it must be sent by 1st class post - anyone care to give me a source so I can check this out further?

The Criminal Justice and Public Order Act 1994 alters the RTOA '88, allowing service by "sending it by registered post, recorded delivery service or first class post addressed to him at his last known address."

QUOTE (mole @ Sat, 11 Nov 2006 - 23:49) *
I suppose the problem would be proving that it was delivered outside the 14 days, as the police would assume next day delivery otherwise?

Again, it would be a presumption versus sworn testimony
firefly
Royal Mail don't guarantee next day delivery for first class post. The only way to do that is to use special delivery.

The police still believe that the postal service hasn't changed in 10 years (even though it has).
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