speeding fine

agrinnall

Sgt_Pepper wrote: »

If the nip is delivered within 14 days. They have 6 months to lay the info before a court. Tell me what part is rubbish?

As I pointed out, and you appear to agree with me, if the OP hasn't seen the NIP within 14-ish days, and he has checked that the registered keeper also hasn't had it, then he is in the clear. So rabbiting on about 6 months is irrelevant unless the NIP has been delivered.

mgdavid

agrinnall wrote: »

Please expand on your answer, I have explained the circumstances in which the OP is in the clear, simply stating he isn't doesn't really help (mind you, your first post was rubbish anyway so I doubt if you'll provide a sensible answer).

AG, the 'ignore user' list is a thing of great beauty....

mikey72

agrinnall wrote: »

As I pointed out, and you appear to agree with me, if the OP hasn't seen the NIP within 14-ish days, and he has checked that the registered keeper also hasn't had it, then he is in the clear. So rabbiting on about 6 months is irrelevant unless the NIP has been delivered.

Technically, it's served when posted, and usually needs to allow a couple of days for delivery, so any nip should be dated and sent by day 12. But it can be lost in the post, delivered to the wrong address, etc. Still counts as served. If the factory are on the v5, and it's not a lease from someone like Hertz, I'd not be worrying too much by now though.

rev_henry

As long as the registered keeper (I presume someone at the factory) doesn't hear within 14 days you'll be ok.

vax2002

A certificate of posting is kept by the police, basically a sheet which the NIP is logged as posted.
Once posted it is served, they have 14 days to serve the NIP to the registered keeper, not the driver.
If this is a lease vehicle on contract hire, it will get to you in the next couple of weeks, as long as the log says it was posted within 14 days it will stand.

Rover_Driver

vax2002 wrote: »

A certificate of posting is kept by the police, basically a sheet which the NIP is logged as posted.
Once posted it is served, they have 14 days to serve the NIP to the registered keeper, not the driver.
If this is a lease vehicle on contract hire, it will get to you in the next couple of weeks, as long as the log says it was posted within 14 days it will stand.

An NIP has to be served (ie. received) within 14 days, not posted within 14 days.

Date of service for documents sent by first class post is deemed to be two business days after posting - s.4.10, The Criminal Procedure Rules 2011.

Service of the NIP shall in every case be deemed to have been complied with unless and until the contrary is proved. s.1A(3), Road Traffic Offenders Act 1988.

If it is sent by first class post, and it can be proved to be delivered outside 14 days, the NIP is not considered served and thus is invalid.

If it is sent by recorded or registered post it is considered served even if it was not delivered.

marleyboy

mgdavid wrote: »

AG, the 'ignore user' list is a thing of great beauty....

That would depend on the reasons for using it. Simply clicking "ignore" on any post you disagree with, would render a member posting a debate to him\herself on their own threads.

The general use for the ignore button, is to avoid abusive posters rather than using it as a "disagree" button.

agrinnall

marleyboy wrote: »

That would depend on the reasons for using it. Simply clicking "ignore" on any post you disagree with, would render a member posting a debate to him\herself on their own threads.

The general use for the ignore button, is to avoid abusive posters rather than using it as a "disagree" button.

Yes, I have a couple of people on ignore but I certainly wouldn't use it for this, a bit of gentle disagreement often ends up with greater enlightenment all round in the end .

kingstreet

An NIP being served on the registered keeper doesn't mean the driver can be summonsed if nothing is issued inbetween.

If the police don't serve a section 172 request on the alleged driver, he would make no admission of being the driver and the prosecution would have no evidence for a prosecuted for the speeding offence. He could also not be summonsed for failing to furnish if he wasn't asked to do so.

If a S172 is issued on the driver and he fails to receive it and any subsequent summons he may be convicted of the failure to furnish charge in his absence but would be able to have the verdict set aside and the case re-opened by making a statutory declaration confirming he never received the S172 and summons. If dual charged for the speeding offence as well, this prosecution would again fail due to lack of driver identity.

Aretnap

mikey72 wrote: »

Technically, it's served when posted, and usually needs to allow a couple of days for delivery, so any nip should be dated and sent by day 12. But it can be lost in the post, delivered to the wrong address, etc. Still counts as served.

Incorrect

If a NIP is sent by recorded delivery it is indeed deemed served on the day it was posted, whether or not it is actually delivered, but nowadays very few if any forces use recorded delivery.

If it is sent first class (as 99% of them are) it is not served unless and until it is actually delivered. While posting it creates a presumption that it is served two working days later, this presumption is rebuttable. If the addressee can provide evidence that it was delivered after 14 days, or not delivered at all, then the prosecution must fail.

Gidden v Chief Constable of Humberside is the relevant case.