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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience:  Over 5 years in practice
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If a speeding ticket was posted to me 1st class and I didnt

Customer Question

If a speeding ticket was posted to me 1st class and I didnt receive it, can I be held liable? I think they should be sending letters by recorded delivery otherwise there is no proof that they posted it and no proof that I received it. Am I correct?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What was the date of the ticket?
Customer: replied 3 years ago.

16th April 2012

Expert:  Jo C. replied 3 years ago.

Ok.

I am sorry but they only have to send them out first class. There is no requirement any more for them to send them out recorded delivery.

Its a defence to failing to identify to say that you didn't receive the NIP although whether the Bench would believe you is another matter as they usually send out reminders and where people receive a summons but not two NIPs that gives rise to an inference.

However, its no defence to speeding unfortunately. They still have to prove that you were speeding but if a NIP is sent out first class in 14 days then thats good service.

Customer: replied 3 years ago.

They only sent one letter and the summons was forwarded to our new address in Cambridge which we received. the problem was that mail was unreliable at our old address. is this a strong enough defence?

Expert:  Jo C. replied 3 years ago.
Not to speeding.

All they have to do is place it in the post within 14 days.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

It is not the speeding ticket mind but the charge of trying to conceal the identity of the driver which carries an additional 3 points. is my case against these points sufficiently strong?

Expert:  Jo C. replied 3 years ago.
Usually they do send out a reminder within 28 days? I've never heard of a case where they didn't.

Delighted to continue with this but please rate my answer.
Expert:  Jo C. replied 3 years ago.
It is a defence to say that you didn't receive the NIP to failing to identify.

You will be asked to give evidence upon oath and obviously the risks of doing so inaccurately are very high.

However, the truth is that where you can describe in detail and credibly the unreliable nature of your post at that particular address its game over for the Crown.

I used to prosecute traffic courts all the time and as soon as somebody says there is a communal letter box we might as well have dropped the case.
Customer: replied 3 years ago.

thanks, then I have a good defence as I complained to the post office about letters going missing and registered a complaint with them about this. thanks for your help

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.

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