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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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There,when getting a NIP 30 rd and driving 36. if

Customer Question

hi there,
when getting a NIP for a 30 rd and driving 36. if I only got the original NIP letter but not a reminder for it, can I fight it in court saying I should have gotten a reminder?
and if brought in court, what are the chances of getting the case cancelled?
thatnks
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
Hi again,
when I say "if brought in court" I mean if such a reason is been said in court that I received the NIP late and a reminder was not sent.
Thanks
Expert:  Jo C. replied 9 months ago.
Sorry for the delay.Are you the registered keeper?
Customer: replied 9 months ago.
Asking on his behalf.
Expert:  Jo C. replied 9 months ago.
Ok. I am not sure if I am missing the point.If you are asking whether or not you are entitled to a reminder then I'm afraid you are not.If you received the original NIP within 14 days then that is all that is required. They have no duty to do any more than that.Can I clarify anything for you?Jo
Customer: replied 9 months ago.
Thanks, ***** ***** the NIP was not received within 14 days, do they have any legal requirement to send a reminder and if so, within what period do they need to send that reminder, 14 - 28 - 60 days?
Thank you.
Expert:  Jo C. replied 9 months ago.
If the NIP wasn't received in 14 days then you can try to stop them prosecuting the speeding.But they don't have to send a reminder at any time.
Customer: replied 9 months ago.
Ok, how can I try to stop them prosecuting the speeding?
Expert:  Jo C. replied 9 months ago.
If they are out of time then you just try to stay it as an abuse of process by application to court.
Customer: replied 9 months ago.
Thanks but how can I prove the date that the letter was received?
also when do I need to reply to the NIP in this case? within the 28 day time frame or shall I not reply in order to get the case to court?
Expert:  Jo C. replied 9 months ago.
It will be deemed serviced two days after the days of issue upon the NIP>You have to respond within 28 days of the date of the NIP.
Customer: replied 9 months ago.
Sorry, I did not understand your comment: "It will be deemed serviced two days after the days of issue upon the NIP"
?
Expert:  Jo C. replied 9 months ago.
Not sure how to make it clearer. It will be deemed to have been served two days after the date of issue. That is the date the court will deem it served.
Customer: replied 9 months ago.
ok I understand, so there is no way for me to establish and confirm to the court that the NIP letter did not actually get to me within the 14 day period? (as you said: "That is the date the court will deem it served")
...?
Expert:  Jo C. replied 9 months ago.
Unless you have the post marked envelope that proves it was sent later than the date of issue.
Customer: replied 9 months ago.
The mark will be when it went out towards the address, not when it arrives... so if it got lost in the post etc - it is my tough luck...?
Expert:  Jo C. replied 9 months ago.
Yes, but it would deal with the concern that the police have back dated the issue date.Yes, I'm afraid you would struggle to prove that it was lost in the post unless the post office are going to put their hands up.
Customer: replied 9 months ago.
Thank you Jo,
if you do not mind, I am still leaving this open for a day or so as I need a bit of time to go through this again.
I will rate you or comment again shortly.
Thanks.
Expert:  Jo C. replied 9 months ago.
No problem and all the best. Please remember to rate my answer. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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