NIP not here after 19 days is it....

[MisterTommyH]

Went past a scamera van on the 15th December and still haven't received anything.

Have I been lucky, or do you reckon it's still in the post - caught up in the Christmas Rush?

Also does anyone know if the 14 days that they have to post is workings days or days full-stop? As someone has pointed out there have been a lot of bank holidays.

[_Stretchie_]

It took them six months to getting around to doing me in 2006.

I was pulled by da rozzers and not flashed by a scamera.

Just thought it may be useful to know

Sent from my Desire HD using Tapatalk

[MisterTommyH]

Yeah, but the discussion with the feds can be counted as a verbal NIP.

Thanks for the confidence in the voting so far guys...... glass half full people are we.....?

Originally Posted by Tommy H

Went past a scamera van on the 15th December and still haven't received anything.

Have I been lucky, or do you reckon it's still in the post - caught up in the Christmas Rush?

Also does anyone know if the 14 days that they have to post is workings days or days full-stop? As someone has pointed out there have been a lot of bank holidays.

They have up to six months to issue it

Usually they get the NIP's out in the post pronto - so you would receive after 12 - 14 days ,,, but they DO have up to six months to issue (although its rare), so yours may have been delayed by Christmas, Bank Hols etc ... I'd give it another couple of weeks before starting to breathe again !

Unless of course the rules are different for being stopped by an officer and flashed by an 'impersonal' camera ...?

[christopher]

Originally Posted by SpikeTM

They have up to six months to issue it

Really? Isn't the 6 months if you've been stopped and given a verbal NIP?

As far as I was aware in this situation (speed camera van and not being stopped at the roadside) then the NIP must be served to the registered keeper within 14 calendar days excluding the date of offence and no leeway is given for weekends, bank holidays or postal strikes. See 'Gidden v Chief Constable of Humberside (2009)'.

I might be talking complete rubbish so don't take this as gospel. And I voted that it's in the post just to annoy you

[MisterTommyH]

Cheers Chris

But I agree with your argument that as I haven't been stopped I have no way of knowing of an intended prosecution (other than the fact that I went past the van).

They have 14 days to send the NIP to who they reasonably suspect is the registered keeper (or some legal gubbins) - which is me at my home address because they manage to send my tax renewal here every 6 months.

I think they then have 6 months to start a prosecution if they want (statute of limitations?).

I'm betting it comes through the post tomorrow now, but I'm still going to keep hoping.

Tommy and Christopher are correct about the 6 months (kind of), Spike and Victor are not. In the case of a speeding fine from a scamera, to be deemed to have delivered on time, they need have to have posted the NIP such that it can reasonably be expected to reach the registered keeper within 14 days. Even then it is not clear cut. Only when it's dated more than 14 days from the offence, even though it could never have been expected to reach you by that date by post, does it become clear cut. If dated more than 14 days after the offence, write back to them stating that the NIP is 'time barred'.

You have not been given an NIP at the time of the offence. Only for offences where an officer may have to do further investigation before deciding whether he intends to prosecute, such as DWDC, would they have up to six months to issue an NIP and bring the prosecution before the courts. Speeding is not such an offence.

They are not subject to postal delays, etc, which are created around christmas, so you are not in the clear yet.

If the NIP arrives you'll need to see when it was dated.

Just to clarify one important point. The date of NIP issue is just that, a date of issue. The 14 days that reference is made to is only in regard to the date the NIP is issued from the date of the alleged offence, which means the day the NIP was sent from the ticket office, not the date you receive it.

If you do not receive the NIP this is not an excuse for not acting on it - you're supposed to know that an NIP was sent and lost in the post, or not sent at all because someone dropped it under a filing cabinet... I mean, after all we're all bloody mind readers, so what's our excuse. Believe me the law is going to win every time, they have covered all bases. It does not matter one bit if you say it wasn't sent, all the ticket office has to do is say they did send it. They need no proof, no registered post, no recorded delivery etc etc - if they say they sent it then that is good enough for the court and whatever you say will be ignored. Of course, the likes of you and I don't stand a chance when the odds are stacked so high against you, because there's nothing you or I can do to prove the ticket office never set it in time, and there's no need for them to provide any proof they did.

Whatever way to go about it you will lose. The whole NIP system is stacked very unfairly in their favour.

If you hadn't already guessed I got prosecuted even though I never received the NIP. They prosecuted me for failure to inform who was driving, I refused to give details at the point they sent that notice because the alleged offence was 4 months previously. I tried to fight it in court but the magistrates sided with the ticket office and I got a fine double that I would normally have received. Bastids

[Shellywoozle]

Where did you get done, car or bike ?