Not received nip

Marky1888

Hi, my partner has just received a letter regarding a speeding ticket, they are saying that because she didn't reply, they are now taking her to court and she faces a fine of 1000 pounds, but she never received the letter, can someone tell me what her options are please?
Kind regards 

foxy-stoat

Read the letter for options.

TooManyPoints

What are they taking her to court for?

JamoLew

S172 probably if the original NIP wasnt responded to
Or failure to update licence details
Check the V5 document for the vehicle - is the address correct ?
Check the licence - is the address correct ?
Although if she got a subsequent letter (shrug)
Its rare for a NIP to go missing and exceedingly hard to prove that you didnt receive it, all they have to do is prove it was sent via mail to the address on the V5

TooManyPoints

Yes I know all the possibles. It would be nice to know the definites. We can then advise the OP how to proceed (possibly by doing the usual "deal" to drop the S172 in exchange for a guilty plea to speeding). But we need to know a number of things, not the least of which is was she actually driving at the time of the alleged offence?

sweetsand

Post does go missing. A postperson dropped our mail off a long while back at the wrong address. We got it about 2 weeks later. We know this as we chased up the co and they said they had sent us the letter and then on our call sent us another one then 2 weeks later we received the orginal with the date the co they said had sent it.

I am guess these speeding tickets etc are not sent via recirded delivery, how does someone in a genuine case prove they never recd the orginal?

A few years ago we chased a co for a parcel, they said they had sent it, then a few days later they told us it was signed for at an adress three doors down. So that evening after work, I knocked on the door and with care asked them if they had accpeted a pacel for us it was a small packaged about 12inches by 8 boxed. I was staggered the lady said yes, picked it up in the porch and gave it to us.  For sure the del person did not leave us a card their mistake but if we had recd someoes item and they had not knocked on the door by next day we'd go over there.

Therefore things do get mis-posted so where does the OP stand?

Thanks

TooManyPoints

Therefore things do get mis-posted so where does the OP stand?

Where the OP stands depends on the questions I have raised and until they have been answered then no further advice can be given. But generally when a NIP is sent it is deemed to have been served on the recipient two working days after posting. If proof of posting can be provided to the court's satisfaction then the recipient has to prove that it was not received.

neilmcl

sweetsand said:

Post does go missing. A postperson dropped our mail off a long while back at the wrong address. We got it about 2 weeks later. We know this as we chased up the co and they said they had sent us the letter and then on our call sent us another one then 2 weeks later we received the orginal with the date the co they said had sent it.

I am guess these speeding tickets etc are not sent via recirded delivery, how does someone in a genuine case prove they never recd the orginal?

A few years ago we chased a co for a parcel, they said they had sent it, then a few days later they told us it was signed for at an adress three doors down. So that evening after work, I knocked on the door and with care asked them if they had accpeted a pacel for us it was a small packaged about 12inches by 8 boxed. I was staggered the lady said yes, picked it up in the porch and gave it to us.  For sure the del person did not leave us a card their mistake but if we had recd someoes item and they had not knocked on the door by next day we'd go over there.

Therefore things do get mis-posted so where does the OP stand?

Thanks

They don't have to, if it went to court it would be up to the prosecution to prove that the NIP was sent within the required time period.

DoaM

neilmcl said:

They don't have to, if it went to court it would be up to the prosecution to prove that the NIP was sent within the required time period.

And once they have proven that they posted it within the required time period ....... ? That doesn't help the OP prove they never received it. (Oh God! I've just agreed with Her Ladyship! Shoot me now!)

@Marky1888 ... can you prove any history of mail going astray at your address?

sweetsand

neilmcl said:

sweetsand said:

Post does go missing. A postperson dropped our mail off a long while back at the wrong address. We got it about 2 weeks later. We know this as we chased up the co and they said they had sent us the letter and then on our call sent us another one then 2 weeks later we received the orginal with the date the co they said had sent it.

I am guess these speeding tickets etc are not sent via recirded delivery, how does someone in a genuine case prove they never recd the orginal?

A few years ago we chased a co for a parcel, they said they had sent it, then a few days later they told us it was signed for at an adress three doors down. So that evening after work, I knocked on the door and with care asked them if they had accpeted a pacel for us it was a small packaged about 12inches by 8 boxed. I was staggered the lady said yes, picked it up in the porch and gave it to us.  For sure the del person did not leave us a card their mistake but if we had recd someoes item and they had not knocked on the door by next day we'd go over there.

Therefore things do get mis-posted so where does the OP stand?

Thanks

They don't have to, if it went to court it would be up to the prosecution to prove that the NIP was sent within the required time period.

Then the OP has a winnable case, IMHO as the OP, their rep can easily counter that with the kind of examples I gave.
Another example, me, the family and other often get jury summons not sure why - some of our friends just ignore them stating they cant proved they have recd the summons, jury summons. We always respond via online as did recently citing we will be on hols, possibly.  The ones that don't respond to the jury summons have never been followed through as IMO they will have a fight on their hands as not real evidcne the person recd the summons.

onlyfoolsandparking

A postperson dropped some mail off at my house once, I knocked on the neighbours doors and told them, they were pleased it hadn't gone astray, don't know about parcels though, never had one!!