Urgent Help NIP for alleged speeding please

sarahg1969

Hintza wrote: »

When is the NIP dated? As far as I am aware the days start from the day after the offence. What date is on the letter? If it was posted on or before the 9th (some might argue the 8th) then it will deem to be served in time.

Having read your others posts though you keep mentioning that you don't have the time to deal with this as you are away a lot. Either pay up now (today latest although they might cut a bit of slack on this if they get the cheque) or else you will be going to court where you can put your case.

What if I have not heard anything within 14 days?

The obligation on the prosecution is to show they served the Notice of Intended Prosecution 14 days or less from the offence. The day of the offence is not counted in the calculation. They do not have to show you actually received it, so the general rule that post is deemed to be served 2 days after posting applies. If you move house or buy a vehicle and do not register the change of details with the DVLA then the notice will go to the wrong address. As it was due to your default it does not invalidate the notice. Also, if you were driving a company or hire car the notice is sent to the company or hire company. It can be weeks, if not months, before you find out about it but again this does not invalidate the notice.

Like I said, there is a presumption it has been served. But that presumption is, in fact, rebuttable. It is up to the Defendant to prove it did not arrive in time. And there is a person who can give evidence that it did not arrive until day 16.