Help - Search - Members - Calendar
Full Version: NIP lost in post!!!
FightBack Forums > Queries > Speeding and other Criminal Offences
actionman
What would happen if the police sent someone a NIP and it got lost in the post?
andyjflet
They will send you another one asking why you hadnt responded and warn you if you dont you can be prosecuted for an S172
firefly
It depends on how it was sent.  By that I mean what method of posting was used by the police.

If it was sent by recorded delivery then it is still deemed served, but if it was sent by first-class mail then the recipient must prove he didn't receive it (i.e. he testifies as much in court).

Is that what you meant?
actionman
surely the police should send nips by recorded post as somebody could be prosecuted without knowing anything about it!!!
you know how unreliable royal mail can be
firefly
QUOTE (actionman)
surely the police should send nips by recorded post as somebody could be prosecuted without knowing anything about it!!!
you know how unreliable royal mail can be

ACPO recommend that NIPs are sent out (well, initial ones) recorded delivery so that service can be ensured.  To my knowledge, only Dumfries & Galloway in Scotland do this routinely.

You have to remember that there is no legal requirement to issue NIPs by recorded delivery anymore.  There used to be, but it changed in 1994 to allow first class.  

Why?  I cou┬údn't $ay.  :roll:
bofns
I received a letter at the end of Sept 05 from Suffolk Constabulary Central Ticket Office stating that my case was being forwarded for consideration of prosecution for the offence of failure to provide driver details in relation to an offence that took place in mid August. This was the first communication I had received and obviously came as a bit of a surprise.

I immediately wrote back requesting further details and a week or so later received a NIP for 52mph in a 40, caught by a camera. This NIP was dated approximately 12 days after the offence, but obviously was received the best part of 2 months after it.

In short, SCCTR, appeared to have sent out an NIP which was lost in the post. All letters from them have been sent by normal mail - not recorded or registered. I have acknowledged that I was the driver but now I need to decide very soon whether to just take the points and fine or go to court and argue that the NIP may have been sent, but was not 'served' in the timescale.

So what are my chances - do I go to court and fight, or should I just shut up and take the conditional offer?
If I did go to court would I be pleading guilty (because I probably was driving at 52 in a 40) or not guilty because the NIP was not served in 14 days?

I have no previous convictions of any sort, and  never normally speed. (In fact I think the speed limit sign may have been obscured by a parked vehicle - but there's no way I can prove that).
Mr Rusty
IMHO If you want to fight you have to plead not guilty because the NIP didn't arrive in 14 days. The law says that the nip must be served within 14 days. In normal circumstances, it is deemed to be served if sent by 1st class post. However, THEY have the choice of using a delivery method that could *prove* service, but they choose not to. If you stand up in court, under oath, and say that the NIP didn't arrive, THEY have to prove that it did and that you are lying. If they can't, then they can't prove service, and their case folds. Don't ever be tempted to say that it didn't arrive, if it did. That is perverting the course of justice and very bad if it goes against you.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.