Not received nip

Car_54

ontheroad1970 said:

Car_54 said:

ontheroad1970 said:

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.

That case was different, in that the NIP was actually delivered and the postman gave evidence of the date it arrived.

The OP will have to prove that his NIP was never received, which will be difficult or more likely impossible.

I mentioned it to illustrate the difficulties.  It isn't impossible, but there will need to be a lot of background work.  It's because the way the legislation is written the assumption of delivery has to be rebutted on the balance of probabilities.  If it isn't normal for mail in the area to go astray it will be ran uphill battle and the price of failure is very high.  That's why some take the pragmatic approach of accepting the speeding as the MS90 code for S172 is one the insurance companies hate.

Indeed. Royal Mail quote a delivered rate of 99% plus nationally. It would need to be below 50% locally - which is not going to happen - for the balance of probabilities to be in the OP's favour.

oscarward

the last nip  i was sent never arrived. i was only made aware when i had a remimder notice saying I had only a few days to respond.  I rang the ticket office who gave me the date of posting, so I had no defence really. 

ontheroad1970

oscarward said:

the last nip  i was sent never arrived. i was only made aware when i had a remimder notice saying I had only a few days to respond.  I rang the ticket office who gave me the date of posting, so I had no defence really. 

Well there is a defence but it is devilishly difficult to prove a negative, and with the risk of higher fine plus increased costs, sometimes it's better to bite the bullet

ToxicWomble

Unless the OP comes back (they don’t usually) we will never know the full facts and therefore any “advice” is pure speculation (apart from that which is blatantly wrong under any scenario from a certain PA poster)