Speeding but then moved to Australia

cyclonebri1

rev_henry wrote: »

The rest of you all seem to have missed this vital point.

No it doesn't. It has to be despatched to the address given normal postal times to arrive within that time.

Plus what i think the op understands is that that far over the limit would normally ensure a court appearance???

Dave101t

easy, pay your brother to take the hit.

Lum

cyclonebri1 wrote: »

No it doesn't. It has to be despatched to the address within that time.

Offence date: 29th July
Date on NIP: 18th August *this is the date it was posted*

20 days.

20 > 14.

Assuming this is a "1st NIP" as I described above.

sassy_one

Giving false information/failing to provide is an offence - depends OP how much you think of your brother as to how far you intend for him to carry out any dealings with this for you.

If you were fully legal, fair enough, but if you weren't or ask him to take the points, he will be in more cr*p than you at the end

sassy_one

Dave101t wrote: »

easy, pay your brother to take the hit.

Don't do this.

It is a criminal offence, and in some cases, they have a picture, even if it's a bad one, of the driver.

You get caught, find yourself and your brother in court answering perverting the course of justice and making a false statement

Yorkie1

There are two separate issues being confused here.

The NIP relates to the speeding offence. A conviction for speeding cannot follow unless the NIP was issued as previously stated to arrive within the 14 days after the offence, although as previously posted there are some limited exceptions to this which might just apply here if the OP was remaining in the UK.

The OP's brother has also received a notice to identify the driver. Although sent along with the NIP, it is a completely separate document issued for a different purpose. The brotheris under an obligation to complete it and return it within the period stated on the document, usually 28 days. If he fails to do so then he will be prosecuted for an offence contrary to s.172 RTA 1988 - 6 penalty points and a fine (can't remember the amount). This second notice can be issued at any time, there is no 14 day limit.

So, your brother MUST honestly complete and return the notice re the driver. The 14 day question is a red herring in relation to this requirement / offence.

At that point, the whole process starts again. However, given that you're out of the country, they may well choose not to do so - particularly if your brother can provide them with some genuine evidence of your emigration. There are whole sorts of difficulties about proving service of notices and summonses before you even get to the stage of conviction. And no, you won't have to return to the UK.

mark5

I always thought it was 14 working days?

cyclonebri1

mark5 wrote: »

I always thought it was 14 working days?

No 14 days in total. Unless a postal strike is on and then it can be streched I understand.

It does seem strange that it doesn't have to be recieved within this time, only reasonably expected to arrive. The government seem to have greater faith in the postal service than I've experienced.;););)

Lum

cyclonebri1 wrote: »

No 14 days in total. Unless a postal strike is on and then it can be streched I understand.

Actually a recent court case set a precedent that when the strike is known about, the partnership should have sent it earlier as they knew it wouldn't arrive in anyting like 14 days

It does seem strange that it doesn't have to be recieved within this time, only reasonably expected to arrive. The government seem to have greater faith in the postal service than I've experienced.;););)

The Post Office Act states that all post sent by first class is deemed to have arrived within 10 days. If you look in your credit card terms and conditions the same 10 day limit will be stated.

I really think this is one act of law that needs to be looked at in the light of the current performance of the postal service.