Speeding, Notice of Intended prosecution 4 months late

IvanDP

Many thanks again for all the replies and advice.
I'll keep you posted if and when I receive a reply.

[Deleted User]

Regardless of whether the law I quoted was the right one for this scenario or is covered by a different one, it's still a fact that 2 days after posting a letter is deemed delivered.

There is no "enjoying the presumption", it's a perfectly logical that you don't have to prove a letter was received where recorded delivery is not required and equally logical that the recipient cannot use that as a defence as everyone would just shred their bills/letters and claim they didn't get them. 

A response sent first class, with proof of postage, would be sufficient defence from the recipient that they had responded and just as above, the police couldn't then pretend they didn't get it.

Car_54

Deleted_User said:

Regardless of whether the law I quoted was the right one for this scenario or is covered by a different one, it's still a fact that 2 days after posting a letter is deemed delivered.

There is no "enjoying the presumption", it's a perfectly logical that you don't have to prove a letter was received where recorded delivery is not required and equally logical that the recipient cannot use that as a defence as everyone would just shred their bills/letters and claim they didn't get them. 

A response sent first class, with proof of postage, would be sufficient defence from the recipient that they had responded and just as above, the police couldn't then pretend they didn't get it.

As TooManyPoints has already pointed out above, the two-day "presumption" provided for by the Interpretation Act applies to the s172 request, but not to any reply. If there was indeed a general rule, as you suggest, then Parliament would not have needed to pass the Act.

Proof of postage would not in itself give a defence: it would prove only that something had been posted, and not that the details required by s172 had been provided.

IvanDP

Well, as of today (28/06/21) I haven't heard anything back.
Still a little while yo wait yet though.

Ant555

Fingers crossed for you @IvanDP

I think David Beckham got off a speeding fine as he had rented a Bentley and the NIP arrived at the Bentley offices 1 day after the 14 day deadline - the judge agreed that as Bentley date stamp all their incoming mail then this was good enough proof for him to agree that it was served outside the 14 days and dismissed the case. I wonder how many other letters arrive outside the 14 days but cant be proved.
However, it probably cost DB the price of a couple of family hatchbacks in solicitors fees.

IvanDP

Well, end of August and still not heard anything.
I think I've definitely been lucky this time 

TooManyPoints

I think so too. Have you checked your driving record online to ensure you have not been convicted of anything in your absence?

IvanDP

Yes, nothing on there, so looking good 

SJGTraffic

I have a similar question that I hoping someone might be able to help with. 
Driving office, speeding, 4th July 2022 - first notice issued to us as the registered keeper dated 7th July - never received, it was in the middle of all the postal strikes!
Second, reminder notice sent on 5th August - we received it on the 23rd August and returned it straight away with the details of the driver.  By post - this police force do not offer an online option.
Also not acknowledgement service etc - so no idea if they ever received it - but as a haulage company we have a few and have never had any problems with these matter ever before.
Then received notice to say we had been charged with a criminal offence, for not completing the S172 - this was dated 20th January, 2023 - earlier threads on here say that this should be issued within 6 months - is this correct?  And when does the 6th months run from?
I did actually return the form relating to the criminal office, explaining the above - so if there is a 6 month cut off have I messed this up by replying?

Car_54

SJGTraffic said:

I have a similar question that I hoping someone might be able to help with. 
Driving office, speeding, 4th July 2022 - first notice issued to us as the registered keeper dated 7th July - never received, it was in the middle of all the postal strikes!
Second, reminder notice sent on 5th August - we received it on the 23rd August and returned it straight away with the details of the driver.  By post - this police force do not offer an online option.
Also not acknowledgement service etc - so no idea if they ever received it - but as a haulage company we have a few and have never had any problems with these matter ever before.
Then received notice to say we had been charged with a criminal offence, for not completing the S172 - this was dated 20th January, 2023 - earlier threads on here say that this should be issued within 6 months - is this correct?  And when does the 6th months run from?
I did actually return the form relating to the criminal office, explaining the above - so if there is a 6 month cut off have I messed this up by replying?

You've already posted this in a separate thread, and had good advice.