A friend of mine was caught speeding in Surrey in September by a mobile camera. They filled in the NIP correctly when it came through but they've heard nothing since. They are now worried that a letter may have gone missing in the post and that the fine may increasing due to non payment. What advice would you give my friend.
Does your friend feel that he doing three points plus fine over the limit, or six points/ban over the limit? If the latter, your friend may have to wait as long as 5 months for a court date to be notified to him. If the former, I'm not sure. Get him to search the Pepipoo site for advice (if he's brave, he could post a question but I don't recommend that for the faint of heart).
Pepipoo is whre your "friend" needs to ask, but id advise not putting its for a "friend" and just tell them the truth that its you.... thats unless its really is your friend in which case get them to ask on pepipoo but be prepared
A little known point is that when a Government Department posts a letter to an individual; under the Interpretation Act 1978 (and whatever amendments apply) the document is apparently deemed to have been received by the addressee; so it appears that by announcing 'I didn't receive it' doesn't hold water in Court.
26mph above takes the offence into a sort of third-tier (worst) category. Court date is very likely and they have six months in which to advise of a date (the date can and usually is more than six months after the date of the allegedly offence). They usually wait five months in which to contact you, as this draws out the agony longer. Plus there is a five-month-long period in which you drive like a scared 80-year-old, obeying every speed limit there is. Happy days for your friend
You are not guilty unless proven otherwise, they cannot prove in court with out reasonable doubt that you received a letter, when they stopped sending out the letters recorded they opened up a can of worms, I have not received mail many times over the years, it is not uncommon for royal mail to lose letters. It really is all about how the case is handled, and presented. I have been to court and had the case dropped for speeding, because I could not tell them who was driving, well it never got to court on the day, even though I attended, in fact I did not know I was even prosecuted until I had a letter from a debt collecting company, and I had to back track, to the point the Police had to reissue the original speeding ticket, this was 6 months down the line. I might add I represent myself. It is possible though they will contact you, as you are a court case issue, but may have dropped it. but as you never put a time stamp on the original offense, cannot say. I thought it was a year as well for them to decide, or maybe 6 months of notice they intend to prosecute and then can take as long as they want? I have been stopped a few times for doing well into 3 figures, once in a Van, and it never got to court, of course there were good reasons why it did not, so like me you may be lucky
My bird and I were in town last weekend , went for cheeky Chinese at midnight on Saturday in china town and got parking ticket! At midnight! Bunch of cunts
The NIP and Court Summons papers are sent by Royal Mail. For legal purposes, this is good enough, you have been duly notified. As far as I can tell, the only way to fight that particular issue is to have the law changed in that respect. You can no more challenge the Court on the basis of non-receipt than you can argue that Tuesday doesn't follow Monday. Good luck with both of those endeavours.
Interpretation Act 1978 Interpretation & Construction Section 7 References to Service by Post 1. Under the Interpretation Act 1978 Section 7, it states: Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "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 effected at the time at which the letter would be delivered in the ordinary course of post." 2. Practice Direction Service of Documents - First and Second Class Mail. With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore. 1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post. 2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:- (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. "Working days" are Monday to Friday, excluding any bank holiday 3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used. 4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process. 8th March 1985 J R BICKFORD SMITH Senior Master
