Reply To: Speeding ticket

#315614
Glos Guy
Participant

    The post where we live seems to take an age to arrive, even first class post! Unfortunately, receipt of the NIP after 14 days is not an automatic defence. The Police will argue ‘rebuttable presumption of service’, meaning that the NIP was issued in good time to meet the 14 day rule under reasonable or normal circumstances. This is why the date that the NIP was issued is so critical. You absolutely can challenge a NIP that arrives out of time, but in order to do so you have to be able to prove that it arrived when it did, which is nigh on impossible when they are sent via normal post (as opposed to recorded delivery etc). Challenging it in court could be a costly error. If, however, the NIP is dated say 15 days or more after the offence, then clearly the presumption of service would fall in your favour, as it would have been impossible for you to have been served it within time, and the date on the NIP is your proof. Their systems should really prevent this from happening but, if it didn’t, you should be able to challenge the Police directly and they should withdraw it without the need to challenge it in court. Let’s hope that this is all cosmetic and none of us have to put all this to the test 🤞😂