Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a fine
& points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.

On Sat, 24 Oct 2009 23:04:39 +0100, "alicc" <shenkpo11 (AT) yahoo (DOT) co.uk>
wrote:

They have two weeks to *post* it - doesn't matter if it then takes a
millennium to arrive.

--

Ian D

In article <0ou6e51khqdmgl9q87kibqanv85riqsvsq (AT) 4ax (DOT) com>,
iandalziel (AT) lineone (DOT) net (Ian Dalziel) wrote:

Wrong- it must be SERVED within 14 days of the day after the alleged
offence.

--
Paul Cummins - Always a NetHead
Wasting Bandwidth since 1981

On Sat, 24 Oct 2009 23:20 +0100 (BST), paulcummins (AT) cix (DOT) co.uk (Paul
Cummins) wrote:

If you mean they need proof of receipt, then you are indeed wrong, as
you say.



--

Ian D

In article <f207e5tfarcl7d1br4n0r1i5q790k5cs0n (AT) 4ax (DOT) com>,
iandalziel (AT) lineone (DOT) net (Ian Dalziel) wrote:

You miss the point. There is plenty of case law that posting it on day 14
is not good enough.

The OP could easily argue that they did not post it in time to arrive "in
the normal course of post" before day 15, and thus it was not served -
his rebuttal of their presumption should be sufficient.

--
Paul Cummins - Always a NetHead
Wasting Bandwidth since 1981

"alicc" <shenkpo11 (AT) yahoo (DOT) co.uk> wrote

I think what you mean is that an offence involving your vehicle has been
detected and you, as registered keeper, have been asked to identify the
driver. This is a Notice of Intended Prosecution (NIP). See

http://www.motorlawyers.co.uk/procedure/notice_of_intended_prosecution.htm

and

http://www.pepipoo.com/NIP.htm

AIUI proof of posting within a reasonable period is considered to be good
enough evidence of service these days - there was an amendment to the
legislation to allow this. The police have to show that they issued and
posted the NIP with a reasonable expectation of it arriving at the last
known keeper's address within 14 days. Key items of evidence are the issue
date on the NIP, a proof of posting certificate (the police will almost
certainly have one), and some evidence from you of when it arrived - a
post-marked envelope could be helpful here so make sure you hang on to it
especially if they posted the NIP second class (it happens). The postal
strike is probably irrelevant - it merely provides an excuse for late
arrival. So if the NIP has an issue date of Wednesday and you're holding an
envelope post-marked Wednesday franked for second class post it *might* be
possible to reject the NIP on the basis that it was time expired. Otherwise,
on the basis of what you've written I think you would have difficulty
showing that the NIP wasn't served in good time.

If you decide to accept the NIP and it were me I would probably take the
speed awareness course if offered - it costs the same as the fine (+ any
time off work you need to attend) but you don't get the points, which could
avoid a hike in insurance premiums.

I Am Not A Lawyer, and it's up to you to decide what to do next, which may
include seeking professional legal advice.

D A Stocks

Paul Cummins wrote:
Then you'll be able to post a link to one?
No, you miss the point - you are just wrong - take a trip to uk.legal if
in any doubt.
Courts are quite happy to accept fact it was posted as 'served'.
They have 14 days to procees the demand and stick it in the post,
whether the driver gets it or not is another matter - eg all the lease
cars where it bounces around from leasing company, to company secretary
of users works, and finally to driver. Do you suggest that if its
delayed in the internal mail its invalid?

Paul wrote:

I doubt it - an acquaintance of mine thought he had the same get out.
Unfortunately the court disagreed and he was stuffed. As you say,
putting it in the postal system counts as served.

The real question is: Was the OP speeding? If the answer is yes then
cough up, take the medicine and keep a sharper look out next time/hope
harder.

The speed awareness courses aren't free (£100 or so) and an SP30 doesn't
fundamentally affect insurance. I had an SP30 coupled to a six week ban,
declared it and both my bike and car insurance was only £30 or so more on
renewal.

--
Simon

"sweller" <sweller (AT) mztech (DOT) fsnet.co.uk> gurgled happily, sounding much like
they were saying:

Agreed. Two 3pt+£60 photos affected my premium less than my car being hit
whilst parked legally, with the claim settled totally by the other driver.

Paul wrote:

No because it has been served on the registered keeper