Not received nip

TooManyPoints

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

If he can it may help his case but it would not prove it. He has to prove that his particular NIP was not served in time. Showing that it might not have been will not do.

williamgriffin

sweetsand said:

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.

Please stop, you're not helping. 

onlyfoolsandparking

williamgriffin said:

sweetsand said:

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.

Please stop, you're not helping. 

You dream! this is never stopping........sigh 

FWIW I've done jury service twice, foreman on each occasion (3 week trial & a 6 week trial) so I know how it all works and well I honestly cannot be bothered giving the FACTUAL information on what happens when receiving Jury duty summons as it will just fall on deaf ears................... AS PER USUAL!!

JamoLew

If it were that easy then everyone who receives a NIP would just claim that they never got it
As previously - all the prosecution has to do is prove they sent it and precedents all already set that deem it to have been received in 2 working days
Trying to prove that you didn't receive something can get very very expensive and is near impossible to prove (even IF true)

TooManyPoints

As previously - all the prosecution has to do is prove they sent it and precedents all already set that deem it to have been received in 2 working days.

Actually it's not precedent, it is statute - specifically the Interpretation Act, Section 7:

https://www.legislation.gov.uk/ukpga/1978/30/section/7

Anybody who believes it is a simple matter to just deny a NIP and S172 notice was received can easily see if it is so. Just speed past a camera, get your NIP and then deny you ever received it. See how you get on.

DoaM

True. Not everyone can afford (or apply) the Beckham Defence. (The hire car company he used stamps all incoming mail on the date it is received. This proved that the NIP/S172 sent to the hire company was received late).

JamoLew

precedent of the statute - the language doesn't matter - it's still deemed to have been served
We are saying the same thing (just using different words)

sweetsand

JamoLew said:

If it were that easy then everyone who receives a NIP would just claim that they never got it
As previously - all the prosecution has to do is prove they sent it and precedents all already set that deem it to have been received in 2 working days
Trying to prove that you didn't receive something can get very very expensive and is near impossible to prove (even IF true)

The vast majority of people the lawful citizens that get caught out would want to settle this quickly especialluy if offered
the drivers awarness. I stated earlier people working at my ex works had recd the options and took the drivers course and they all said it opened their eyes. No one in their right mind would pretend not recv it as you will get a second then bigger action i guess poss recorded delivery as the case wont go away if the courts can prove the letter NIP was sent out in the time scale.
What this poster, dear OP is saying is different to that of the NIP being sent on time the OP says they did not recv the original and they have an argument imo

TooManyPoints

If  only we knew all the circumstances.  

ontheroad1970

There is a case on pepipoo where the defendant had the postman as his witness.  He ended up having to appeal all the way to the Appeals courts.  Without deep pockets t can be difficult.  If only there was a wealthy philanthropist that could assist those who need financial assistance in this case since Legal Aid isn't available.