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Speeding notice received more than 14 days after
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simon_blay
Posts: 45 Forumite


in Motoring
Not going to lie, I knew I had been caught and fully expected a letter! However, I've read that the Notice of Intended Prosecution needs to be issued no more than 14 days after the offence.
Well, I was caught on 09/03, the Notice Issue Date on the letter is 26/03, and the letter has arrived today. If I disputed this, could my case be dropped?
Thanks for your help
Simon
Well, I was caught on 09/03, the Notice Issue Date on the letter is 26/03, and the letter has arrived today. If I disputed this, could my case be dropped?
Thanks for your help
Simon
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Comments
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Oh, and it's a company car, don't know if that makes a difference0
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Ask on Pepipoo0
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Oh, it's a company car. That's probably a bad sign - the initial NIP just has to go to the registered keeper within 14 days. I don't believe there is a time limit subsequently.0
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You can ask the registered keeper when they got their nip. Sounds like it was served in time tho.0
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It has to actually be served within 14 days (not posted), but as you've received it within 17 days, the likelihood is that the RK received it in time.
Pepipoo is your friend. It's worth dotting the is and crossing the ts with them before you hand over a quarter of your licence.0 -
Crucial question is who is the registered keeper?
If it is not you then the NIP has been correctly issued
If it is you then the NIP has been left too late
It needs to be served within 14 days
EDIT below in bold is what I originally thought but it could be wrong
For it to be served -by post- it has to be posted within 14 days not necessarily delivered to you into your hands. The day it is posted is the day it is served.0 -
Crucial question is who is the registered keeper?
If it is not you then the NIP has been correctly issued
If it is you then the NIP has been left too late
It needs to be served within 14 days
For it to be served -by post- it has to be posted within 14 days not necessarily delivered to you into your hands. The day it is posted is the day it is served.
It's deemed to be served two days after posting.0 -
simon_blay wrote: »Oh, and it's a company car, don't know if that makes a difference
Yes. The 14 day rule no longer applies to you as long as it was served to the registered keeper within that time.
I suggest you pay it because if you start messing about and it causes problems for your employer, you may find yourself needing a new job.0 -
Sgt_Pepper wrote: »It's deemed to be served two days after posting.
Yes, I could agree with that, but has it been used succesfuly in any cases? Especially higher courts?
"A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him."
"effected at the time at which the letter would be delivered in the ordinary course of post."0 -
Yes, I could agree with that, but has it been used succesfuly in any cases? Especially higher courts?
"A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him."
"effected at the time at which the letter would be delivered in the ordinary course of post."
You've changed you tune somewhat now.
Have a read of pepipoo these is a case on there that's been to court. think the high court. The nip didn't arrive within 14 days.0
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