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madpero
Is there anyone that can give me some advice?

My wife received a NIP 16 days after alleged offence, she is the registered keeper but I was driving.

She returned NIP saying I was driving but also sent the recommended RAC letter for time expired.

She received letter back saying the NIP was sent by ordinary post within the 14 days of the alleged offence and postal delay or non-delivery will not necessarily invalidate service, she was also told that as she had provided my details they had reissued the NIP in my name.

I have now received the 2nd NIP but how can they ignore the timeout letter and just reissue it?

Where do I stand now as the 1st NIP was not received within 14 days as guidelines quote?

Any advice appreciated
peterguk
The 1st NIP will have been presumed served 2 business days following posting. It is for you to rebutt the presumption in court and will be down to your credibility as a witness in addition to any evidence you may offer.

Whether you challenge good service or not, you must complete and return your NIP within 28 days of receipt.

Do you still have the envelope for your wife's NIP? Postmark?

Fill out the NIP Wizard so we have all the info.

Click the link in my sig. for info. regarding late service.
jobo
ITS NOT A GUIDELINE its case law which one of our members took to the high court

how does the date of the notice relate to its delivery

They will p[plough on regardless of the law of the land, particularly as they have issued another nIP

Unfortunetly you will prob end up at court before they drop it

Send it back completed and include a copy of the cae ;law
Logician
The relevant case is HERE
madpero
I have tried to fill out a nip wizard but as I am not the registered keeper it does not let me.

No my wife did not keep original envelope unfortunately.

Date of alleged offence was 22/05/2010

1st NIP dated 01/06/2010 and wife received it 07/06/2010 16 days from date of offence.

Thanks
peterguk
QUOTE (madpero @ Wed, 4 Aug 2010 - 19:14) *
No my wife did not keep original envelope unfortunately.


Without the envelope, (assuming it was postmarked), the rebuttal will be down to your own evidence. Can you explain why it took so long to arrive? Strikes and bad weather are good reasons, but not relevant here.

I'm not doubting you, but the CPS will give you a hard time in court, and you have to convince the mags. of late delivery. FWIW, i had my postman as a witness, and still lost in the lower courts...
madpero
Thanks for all the advice, looks like it's going to be hard to prove even though they delivered late.
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