NIP in the clear?

Wig

Hi,
I had an aquaintance with a mobile speed camera van on my way to Plymouth on Saturday 9th June 2012. No love letter on my return home today, am I in the clear now?

EDIT, yes I am the RK,

Thanks

sarahg1969

If you are the RK and your name and address were correct on the V5C doc at the time, then yes. If something does arrive, then don't forget to keep the envelope.

Wig

I am the RK,

I was wondering, whilst on holiday, if I could show that I was not at home (I was on holiday) and the NIP was sent by first class post (GIDDEN v CHIEF CONSTABLE OF HUMBERSIDE) then I could show that it was not "served" on me, as I could "prove the contrary"

But I recognise it's probably not a good defense.

Seems to fall down on this point

(1A) A notice required by this section to be served on any person may be served on that person -

(a) by delivering it to him;

(b) by addressing it to him and leaving it at his last known address; or

(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address."

I would have been banking on this wording in Section 1(2) (I can't get this stupid forum to format properly)

1(2)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.

Rolandtheroadie

Anythings worth a try, but would that not cost more than the £60 and 3 points to prove?

Crabman

If your argument holds water, that would mean that anyone going on holiday for two weeks or more could in theory trigger a load of speed cameras a day or two before they leave without fear of penalty?

Or someone who knows they've been caught could intentionally go on "holiday" for a couple of weeks in order to evade service and thus activate the defence that you suggest?

The Pepipoo guys are the ones to ask.

On a personal note, I seriously hope that this doesn't work out because speeding (and tailgating those who obey the law) have become a serious problem on our roads.

TadleyBaggie

It's deemed served 2 days after posting, served means it was delivered to the address, not that the recipient opened it, So no defence.

sarahg1969

TadleyBaggie wrote: »

It's deemed served 2 days after posting, served means it was delivered to the address, not that the recipient opened it, So no defence.

The NIP must be served upon the RK within 14 days. If posted in time, it is presumed to be served, but this presumption is rebuttable. If it actually arrives outside of the 14 days then it is not correctly served. There are exceptions of course - bad weather and postal strikes are not included.

zappahey

sarahg1969 wrote: »

If it actually arrives outside of the 14 days then it is not correctly served.

Do you have a reference of precedent on this?

bris

sarahg1969 wrote: »

The NIP must be served upon the RK within 14 days. If posted in time, it is presumed to be served, but this presumption is rebuttable. If it actually arrives outside of the 14 days then it is not correctly served. There are exceptions of course - bad weather and postal strikes are not included.

It doesn't need to be served, just posted within the time frame. It is deemed served if posted on time, getting lost in the post is no defence.

sarahg1969

bris wrote: »

It doesn't need to be served, just posted within the time frame. It is deemed served if posted on time, getting lost in the post is no defence.

That is incorrect. If it is posted in time, it is presumed to have been served, yes. However, this presumption is rebuttable. If it actually does not arrive, then it has not been served, and the Defendant can give evidence under oath to the effect that it has not been delivered.

sarahg1969

zappahey wrote: »

Do you have a reference of precedent on this?

http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html

If you require any assistance, Mr Gidden is a regular poster on pepipoo.