Speeding Fine NIP

Brihutchie1878

Yes thoughts, not smarmy !!!!! comments from Mr High and mighty, please come down from your perch! I don't believe I am exempt from the law, please point out were this was stated. I genuinely believe this was not me, sorry if this didn't come across, I just thought it was obvious. If it was me, then sure I'll hold my hands up, and take the consequences But the way the letter was with not one typo, not two typo's but three quite big errors! You would of thought the DVLA and Police would be able to collaborate correct information.

AdrianC

Rover_Driver wrote: »

The requirement is that the NIP is SERVED on the registered keeper within 14 days, not posted within 14 days.

s.1, Road Traffic Offenders Act 1988.

Does s1 really say that?

http://www.legislation.gov.uk/ukpga/1988/52/section/1

1 Causing death by dangerous driving.

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Actually, having a look into it in a bit more depth, we're both wrong... and we're both right. You're right in that it has to be posted before 14 days, but I'm right in that it's the posting date that's important.

The relevant legislation is s7, Interpretations Act 1978.

http://www.legislation.gov.uk/ukpga/1978/30

7 References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

So the relevant time is for it to be posted such that it could normally be expected to arrive in 14 days - which, if 1st class is used, means the day before. Whether it actually arrives on day 14 or before is irrelevant.

Brihutchie1878

"Does s1 really say that?"

The incident took place on March 9th, I received the letter on 2nd April and it clearly is stamped on the letter (not envelope) that it was posted on April 1st. That is a good 23 days after the said incident.

Flugelhorn

so if it is for a car you have neither owned or driven then what is the problem? Have they sent it to the wrong person?

AdrianC

Brihutchie1878 wrote: »

I genuinely believe this was not me, sorry if this didn't come across, I just thought it was obvious.

There are plenty of people who try to hide behind minor typos when they know very well the ticket is perfectly legit.

So, clearly, whoever is the registered keeper has put you down as the driver, with name/address wrong. They may very well have a good reason for believing you were. OK, they're wrong. It happens.

Fill the form in to say "Nope, not me, no idea who it was", and send it back.

Brihutchie1878 wrote: »

The incident took place on March 9th, I received the letter on 2nd April and it clearly is stamped on the letter (not envelope) that it was posted on April 1st. That is a good 23 days after the said incident.

Yes, but that time is for the NIP to go to the registered keeper, who then has 28 days to respond.

Rover_Driver

Nothing to do with the Interpretation Act, that only refers to the method of service. It is the Road Traffic Offenders Act that requires the NIP to be served within 14 days. It doesn't matter when it was posted


Road Traffic Offenders Act, s.1 (3) (ii):


"In the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence".

AdrianC

Rover_Driver wrote: »

Nothing to do with the Interpretation Act, that only refers to the method of service. It is the Road Traffic Offenders Act that requires the NIP to be served within 14 days. It doesn't matter when it was posted

Nobody's saying that 14 days isn't the right time. It's how the posting time is counted that the Interpretations Act defines. And I don't know where you're getting your RTA88 sections from, but they don't tie up to the published act...

spacey2012

If the NIP is over 14 days from date of offence to postmark, save the envelope !
You will need it at court.
No envelope = No postmark = DOH !

topdaddy_2

How did you get the letter if it had a different address and name on it?

Rover_Driver

AdrianC wrote: »

Nobody's saying that 14 days isn't the right time. It's how the posting time is counted that the Interpretations Act defines. And I don't know where you're getting your RTA88 sections from, but they don't tie up to the published act...

It's not Road Traffic Act 1988, it's Road Traffic Offenders Act 1988.


The Interpretation Act only assumes that the document is delivered in the normal course of post - whenever that is - unless the contrary is proved. So if it is late or delayed and proved to be delivered outside the 14 days, an NIP will not be valid as the Road Traffic Offenders Act requires that it is actually served on the registered keeper within 14 days.


see the case of 'Gidden v Chief Constable of Humberside'