Never Received NIP

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Fri 27 Dec 2024 13:10
Never Received NIP - Den2024

I would greatly appreciate some advice on a situation I’ve recently found myself in.

I’ve just received a letter from Bradford Magistrates’ Court stating that I’ve been ordered to pay a £1,014 fine and will have six penalty points added to my driving licence. This is due to failing to provide driver information when required.

Until receiving this court letter, I was completely unaware that my vehicle was involved in a minor speeding offence. Apparently, my car was caught by a speed camera going 35 mph in a 30 mph zone back in May 2024.

I never received a Notice of Intended Prosecution (NIP) or any other correspondence about this matter until the court letter. According to West Yorkshire Police, they sent two letters: one in May 2024 and a follow-up in July 2024. However, I genuinely didn’t receive anything. I’ve confirmed with the DVLA that both my driving licence and vehicle logbook have the correct address recorded.

This has come as a huge shock. Up until now, my driving licence has been completely clean. I’m worried about how this will be viewed by my employer, as it could potentially affect my job. I feel utterly lost about how to challenge this and refuse to just accept it without a fight.

Any guidance or advice on how to proceed would be greatly appreciated. Thank you.

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Sat 28 Dec 2024 14:50
Never Received NIP - Middleman

Firstly, you will need to perform a “statutory declaration” (SD). This is to declare that you had no notification of the proceedings which resulted in your conviction. Here is the form you need to complete before making your SD:

view.officeapps.live.com/op/view.aspx?src=https%3A...K

You can make this at a Magistrates’ Court or before a solicitor. If you make it at a court you will have to make an appointment to do so and here is no charge. A solicitor will probably fit you in (it only takes a few minutes) and will probably make a small charge (perhaps £10 or thereabouts). If you do it at a court, the court's legal advisor will guide you through the process. If you do it before a solicitor he or she should do so.

You should make your SD within 21 days of learning of your conviction. A court must accept it if it is made in that time. They may accept it later at their discretion. If the reason for a late declaration is solely because you could not secure an appointment there will be no problem. If you make it before a solicitor it will be your responsibility to serve it on the court which convicted you.

The SD has the effect of making the proceedings under which you were convicted a nullity. This means it is as if they never happened. Any penalties (fine, costs, endorsement and points) will be revoked.

What happens next depends. If you make your SD at a court, the charge(s) which were originally raised will be put to you again. If you make it before a solicitor and serve it on the court, the charges will be raised again soon after they receive it and you will be informed. How you need to respond depends on two things:

1. What charges were originally put to you. Hopefully this will be both “Fail to provide driver’s details” (of which you were convicted) and speeding.

2. Whether or not you were the driver at the relevant time.

It’s too complex to go through all the possibilities. Let me know the answers to those two questions and I can advise further.

Edited by Middleman on 28/12/2024 at 15:43

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Sun 29 Dec 2024 14:19
Never Received NIP - Den2024

Thank you so much for your detailed and comprehensive response. I truly appreciate the time and effort you’ve taken to guide me through this process.

Regarding your questions:

1. The original charges appear to include both “Fail to provide driver’s details” and the speeding offence,

The court letter reads

Offense 1 - 1st July 2024 fail to give information relating to the identification of a driver, Orders-Fine and licence endorsed.

Offense 2 - 27th May 2024 Speeding excess of 30 mph, automatic camera device, Orders - Withdraw

2. I was the driver at the relevant time. although I've never seen any paperwork or evidence of the offence

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Sun 29 Dec 2024 19:15
Never Received NIP - Middleman

You may find the following answer somewhat familiar!

Firstly, you will need to perform a “statutory declaration” (SD). Although you can make an SD before a solicitor, in your circumstances it will be more straightforward to do so in court so you need to contact the court to make an appointment.

You will almost certainly be asked to attend to make your SD and the court's legal advisor will guide you through the process.

You should make your SD within 21 days of learning of your conviction. A court must accept it if it is made in that time. They may accept it later at their discretion. If the reason for a late declaration is solely because you could not secure an appointment there will be no problem.

The SD has the effect of making the proceedings under which you were convicted a nullity. This means it is as if they never happened. Any penalties (fine, costs, endorsement and points) will be revoked.

When that has been completed the two charges will be put to you again You should plead Not Guilty to both charges but make the court aware that you will plead guilty to the speeding charge if, and only if, the “Fail to Provide Driver’s Details” (FtP) charge is dropped. This is a common procedure known to all court users. The effect of his offer is to obviate the need for you to defend the FtP charge. You may succeed with a defence, but you may not and a conviction for that offence is best avoided if at all possible.

You should also ask the court that, since your speed was within the range where normally a fixed penalty would have been offered, would they kindly consider imposing a sentence equivalent to that (£100 and 3 points) rather than sentencing you in accordance with the normal guidelines. Magistrates have guidance that suggests they might consider that in your circumstances.

Although some courts are conducting this process remotely, most will ask you to attend. If you do, it would be helpful to you if you could see the prosecutor for your case before you are called into court. He or she will be well aware of the offer you are going to make and it will smooth the process a little if they know what you are going to do. When you arrive at court you will be asked to check in at reception and you can ask then if the prosecutor is available.

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Sat 1 Mar 2025 23:49
Never Received NIP - Simoncelli58

When the first NIP goes unanswered, a second letter is always sent.

It's strange that two letters were not received, but a third letter, from the court was.

This is the most common route taken to attempt to fool the courts, and get off with a £100 fine and 3 points.

This route never works, as you have found out.

I'm not suggesting anything here, but what a coincidence?

The courts see this multiple times a week!

Do what's been advised above, and you should be alright.

However the Courts/Police do not like these 'missing letters' and will not hesitate to come down hard, if they believe someone is taking the micky!

Good Luck.

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Mon 3 Mar 2025 19:29
Never Received NIP - movilogo

Why important documents like NIP are not served as recorded delivery?

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Mon 3 Mar 2025 20:42
Never Received NIP - Middleman

Why important documents like NIP are not served as recorded delivery?

Because there is no requirement in law.

As well as that, courtesy of the Interpretation Act, the sender enjoys the "presumption of service" ,meaning if receipt is disputed, it is for the recipient to prove that service was not achieved.

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Mon 3 Mar 2025 21:49
Never Received NIP - skidpan

Why important documents like NIP are not served as recorded delivery?

No such service as "recorded delivery" now. Royal Mail offer 3 signed for services instead.

Look on thier website.

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Tue 4 Mar 2025 13:27
Never Received NIP - Engineer Andy

Why important documents like NIP are not served as recorded delivery?

Because there is no requirement in law.

As well as that, courtesy of the Interpretation Act, the sender enjoys the "presumption of service" ,meaning if receipt is disputed, it is for the recipient to prove that service was not achieved.

Does that only apply one way, i.e. to the authorities and not the 'defendant'? When I was recently advised as regards a matter with HMRC, the person doing so said if I post them anything (not just legal / original documents, cheques, etc), including 'ordinary' letters or correspondence, they MUST be sent recorded/signed for so that I can prove I sent it and, where required, sufficiently before a deadline for them to receive it.

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Fri 7 Mar 2025 09:39
Never Received NIP - Bromptonaut

Why important documents like NIP are not served as recorded delivery?

Because, ironically, it allows people to evade service by not signing for or collecting the item.

The legal assumption is that ordinary post is delivered and that NIPs etc are deemed to arrive x (I think 7) days after posting.

Working in the advice sector I've seen any number of NIP/PCN type issues where the intended recipient denies receipt until Police or Bailiffs turn up.

Nearly all are down to people failing to update DVLA when they move, living in multi occupied homes or flat conversions where post accumulates by the entrance or people whose lives are so disorganised that, like the ad running on the radio right now, they have a room full of unopened post.

My son missed out on NIPs for speeding because, between them, he and the dealer who sold him the car registered it at flat no 26 instead of flat 4 no 16....

Eventually the Police went to number 26 at which point the occupant recognised the cars' reg and sent them to the right address..

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Fri 7 Mar 2025 12:56
Never Received NIP - Middleman

Does that only apply one way,

I think it would depend on your interpretation of the Interpretation Act!. It says this:

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

So it applies where an Act requires a document to be served by post. If that Act requires a response and that can also be made by post, I would suggest it applies to the response as well. That said, I’ve never seen any authority for that. It’s only my guess.

“…they MUST be sent recorded/signed for so that I can prove I sent it…”

You don’t need recorded or signed to do that. You can get free Certificate of Posting from the Post Office. “Signed for” does not prove receipt for large volume recipients (such as the DVLA or police). They do not sign for individual items.

Of course none of that proves what was actually enclosed. You could send an empty envelope.

“Because, ironically, it allows people to evade service by not signing for or collecting the item.”

It might do for some things, but it doesn’t for others. Section 1 of the Road Traffic Offenders’ Act covers the service of Notices of Intended Prosecution. It has this to say about notices served by Registered or Recorded Delivery:

“A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.” [my emphasis]

It should be noted that this presumption of service is not rebuttable (as it is with service by First Class Post). This distinction formed part of the case of “Gidden vs Chief Constable of Humberside”. This is a landmark case which reached the High Court, and revolved around the service of a NIP beyond 14 days. Mr Gidden’s NIP was sent by first class post but arrived late because of a postal strike (a fact which was eventually agreed as common ground between the defence and prosecution). The prosecution claimed the presumption of service (two days after posting) was not rebuttable but the High Court ruled that it was.

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