NIP in the clear?

sarahg1969

Wig wrote: »

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.

Whether you were at home or not is not relevant. All that matters is that a correctly addressed NIp was posted to the correct address in time.