Just paid my £60. By way of interest what is the penalty for ignoring the NIP? What is the penalty for having a very dirty number plate?
Rebel!!
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As the NIP has reached you I guess they have your address. So I would think you would eventually end up in court with a larger fine than the fixed penalty. A dirty No plate is a non endorsable offence I belive. I sense your car has seen its last wash. LOL.
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(1) Up to 1000 pounds fine, 3 points and discretionary disqualification.
(2) Up to 1000 pounds fine and possible disqualification.
DVD
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Sorry if I'm going over old ground, but what if the original notice is genuinely lost in the post?
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... but what if the original notice is genuinely lost in the post?
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IIRC, then it is the same as the small print in your Mortgage agreement when it comes to your Lender giving you written notice for breach of conditions or whatever: If it has been posted, then it has been deemed to haev been received, whether or not you physically have.
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Im not plain stupid, just a special kind of stoopid.
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And this despite the postal service admitting to 'losing' thousands of items a week. One rule for them and a different one for us!
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One rule for them and a different one for us!
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Actually I don't see how you can argue that since it's the same for your Bank writing to you, your Mortgage Lender, the Courts etc. Same rule for all.
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Im not plain stupid, just a special kind of stoopid.
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Wellisorter.
Providing they send out the Notice, correctly addressed and pre paid,(Reg Delivery, Recorded Delivery or First Class) so that it can be received in the normal course of the post no later than 14 days (ignoring the date of the offence) then by virtue of Section 7 The Interpretation Act 1978, unless the contrary is proved, then service has been effected, even if lost in the post.
DVD
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Wow - not a lot of people have heard of the interpretation Act 1978. I quote it when talking about a working day. I suspect our DVD is a world famous barrister driving white vans after a monstrous fall from grace in the Grays Inn Road. Callor raise Dwight.
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One rule for them and a differentone for us!
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Actually I don't see how you can argue that since it's the same for your Bank writing to you, your Mortgage Lender, the Courts etc. Same rule for all.
What I meant was that if they post something to you you are deemed to have received it. If you are write to them (return the NIP for example) and it goes missing in the post this your bad luck. The fact that you have posted it does not mean that they have received it. It works one way for them and another for us.
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You are more or less right about inequality A S, but a sensible precaution when mailing stuff like that is do it at a PO and request a free Certificate of Posting.
These are also handy when selling stuff - they give you up to £27 cover for loss or damage.
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They send a reminder anyway - they're not interested in a fight, they just want your £60.
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The fact that you have posted it does not mean that they have received it. It works one way for them and another for us.
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I see your point. If you don't like it, then lobby your MP for a change in The Law? Or better yet, make sure you don't fall foul of it in the first place...so you wont have to worry about inequalities in the system.
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Im not plain stupid, just a special kind of stoopid.
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I returned my NIP with a certificate of posting and it failed to arrive. I was summomned to appear in front of the JPs and I wrote in stating that I had sent it in and here was the proof. Never heard from them again.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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I returned my NIP with a certificate of posting and it failed to arrive. I was summomned to appear in front of the JPs and I wrote in stating that I had sent it in and here was the proof. Never heard from them again. --
That's interesting - after all, you could have just posted an empty envelope.
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erm, before I make a stupid admission here, how long is an NIP valid for?
Let's say you received one, ooh, I don't know, 5 years ago, for doing about 110mph on the M6, and you never replied, is it still enforceable?
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I know you have to reply in 28 days from getting it so I think you...sorry - your "friend" would be ok after 5 years ;-)
DVD will know if it's enforcable. Even if it is - 5 years later, do you care?
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Adam
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pdc
Firstly a NOIP has no validity other than it has to be served within 15 days (counting day of offence)to advise the receipient of the possibility of being prosecuted and thereby marshall his thoughts and possible defence so that he is not caught unawares when a summons arrives.
In relation to the summons, if an information has been laid (internal notice to Mags that an offence has been committed) within 6 months of coming to the notice of the prosecutor and no later than 3 years, then a summons can be issued and held on file as long as required. In these cases as not having been served then person circulated as wanted for service of summons. However I would suspect at 5 years some inhouse cleaning would have occurred and summons withdrawn unserved.
As you don't seem to live in a caravan pulled by a nag accompanied by a few lurcher dogs pdc I think you can breathe easily.
DVD
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pdc
Having dealt with NOIP then if it is a specific offence that requires a NOIP (dangerous driving, speeding, fail to conform etc etc.)and not stopped at the time, NOIP will be accompanied by a form, sent by or on behalf of C.o P. under Sec 172 RTA 88 to name driver at time of offence. This has to be returned within 28 days. If not then machinery grinds into gear to issue summons for failing to name.
See above re information - summons.
DVD
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Well, 5 years ago, I received an NoIP and I know full well that I was doing over 100mph on the day of the offence. I was so scared of losing my licence that I didn't return the NoIP form.
Nothing ever happened.
I've received points since then on 1 occassion, on which I went to court because I contested the speed, and I've been stopped for various reasons. PNC checks have been done on the index plate as I've been stood there, and nothing has ever come back.
I guess I was very very lucky.
It's been 4 years now since I had any points put on my license. Have had 9 in total in my 12 years of driving, and this is the first period since 3 weeks after passing my test that I've not had any 'active' points. I intend to keep it that way.
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