NIP 14 day rule

TooManyPoints

Even without the specific legislation (contained in Section 1(3) of the Road traffic Offenders’ Act quoted above) the burden would still be on the defendant to prove non-delivery to the court’s satisfaction.

Section 7 of the Interpretation Act, 1978, says this:

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

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

Case law has determined that “the ordinary course of the post” is two working days. So all the police have to do is to prove the notice was properly posted, then leaving the defendant to prove, “on the balance of probabilities” (i.e. more likely than not), that it did not arrive.

Of course it is very difficult to prove that something did not happen. Usually the only evidence to consider is the defendant’s own testimony.