NIP not received genuinely - help

paul_c123

royalmike said:

First off I no nothing of the law, but why would they not send the letter by recorded and signed for delivery, we have so much post delivered to the wrong address around my way 

Because the law assumes that the postal service delivers things.

facade

royalmike said:

First off I no nothing of the law, but why would they not send the letter by recorded and signed for delivery, we have so much post delivered to the wrong address around my way 

1) The presumption is that Royal Mail does it's job properly. (Obviously, if I never receive something I wasn't expecting I'd never know that they didn't bother to deliver it......)

 

2) Cost. They could probably get "Mate's Rates" with the volume, but still more expensive.

3) If you suspected/knew you were "flashed" then you'd simply refuse to sign for anything unexpected for the next 14 days....

TooManyPoints

3) If you suspected/knew you were "flashed" then you'd simply refuse to sign for anything unexpected for the next 14 days....

Specifically, when it comes to the NIP (though not the “request for driver’s details” – which is usually printed on the same sheet of paper) the law (RTOA Section 1) says this about notices sent by Registered Post or Recorded Delivery:

“A notice shall be deemed …to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.”

This overcomes the problem where a recipient may refuse to accept a letter which has to be signed for. 
But adequate cover for ordinary post is provided by the Interpretation Act and there is no justification to use "Signed For" options.

Mildly_Miffed

facade said:

royalmike said:

First off I no nothing of the law, but why would they not send the letter by recorded and signed for delivery, we have so much post delivered to the wrong address around my way 

1) The presumption is that Royal Mail does it's job properly. (Obviously, if I never receive something I wasn't expecting I'd never know that they didn't bother to deliver it......)

 

2) Cost. They could probably get "Mate's Rates" with the volume, but still more expensive.

3) If you suspected/knew you were "flashed" then you'd simply refuse to sign for anything unexpected for the next 14 days....

4. Signed-for post to many business premises is not signed for, just left with the post room.

TooManyPoints

4. Signed-for post to many business premises is not signed for, just left with the post room.

That's quite right. But I think the suggestion is for the police to use it to send notices to individuals.

sheramber

Since Covid it seems to be normal practice for the postie to sign and pop it in the letter box. 

That is certainly what has happened with my mail. 

ThorOdinson

Okell said:

ThorOdinson said:

Seems fairly straightforward. Defence is you didn't get the letter, no evidence to did, only a presumption...

It's a statutory presumption.

Unless the OP can prove he didn't receive the request - or that it was otherwise not "reasonably practicable" for him to respond - he will almost certainly be convicted of failing to identify the driver.

Yes - there's always the possibility that a court will give him the benfit of the doubt, but I wouldn't count on it.

Yes, it's ridiculous. You can be convicted because Royal Mail is crap. Your life can be ruined because the postie couldn't be arsed.