dinny_g wrote: Wed Jan 18, 2023 8:58 am
Jobbo wrote: Wed Jan 18, 2023 8:43 am
but I think the backlog of post must have been cleared by now so I don't think one was sent out. Phew.
Interesting point - if the recent strikes meant your NIP didn't arrive in the required time, would you have a case to ignore it ?
Yes... but. A big but. It has to be served within 14 days, and since they're sent out by first class post that means they need to be posted within 12/13 days of the offence date. The law deems service by first class post to take place after 2 working days. If they posted it and it didn't arrive, it is up to the recipient to prove that they didn't receive it in time. That puts the burden of proof on the recipient, and there is case law on the point - in one case, despite the postman who delivered the NIP after 14 days giving evidence of the date of delivery, the court still did not accept that this was sufficient evidence to rebut the deemed delivery within 2 working days (there is doubtless more to the case, but I'm using this to show how high the burden of proof actually is).
So had I received an NIP after, say, 18 days, I'd have had to weigh up whether it is worth going to court to try to prove the actual date of receipt or just pay the fine. If it had been a speed awareness course, I'd have taken that rather than a day out in court; even if I had to accept 3 points on my licence, I'm not sure the hassle would have been worth it.
I'm sure I've seen enforcement vans without a speed camera sign on them before elsewhere, so I don't think it's particularly new.
) was back in 2011 or 2012