Noip's and the Postal strike

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Fri 30 Oct 2009 07:28
Noip's and the Postal strike - Dwight Van Driver
Be aware of this

www.thestar.co.uk/york/Speeding-conviction-quashed...p

dvd
Reply | Report as offensive | Link
Fri 30 Oct 2009 09:03
Noip's and the Postal strike - rjr

Am I right in thinking that as this case was heard in the High Court the judgement sets a precedent for lower courts to follow or is that only when it is a binding precedent?

Reply | Report as offensive | Link
Fri 30 Oct 2009 09:16
Noip's and the Postal strike - ifithelps
The judge has given the prosecuting authorities a claer warning not to rely on the post for their NIPs during a strike.

Trouble is that judge will not hear your case.

Magistrates, who will hear your case, are well-known for what might be called their independence of thought.

OK, you might get off on appeal, but the highlighted case took two years to sort.

Lots of hassle, days of work, etc for the driver involved.

Best bet is don't get done for speeding in the first place.


Reply | Report as offensive | Link
Fri 30 Oct 2009 09:29
Noip's and the Postal strike - Altea Ego
The prosecuting authority must make a reasonable effort to get the NIP to you within 14 days. Under normal circumstances the post is a "reasonable effort"

However during a postal strike when delays are inevitable, to use the postal service is NOT reasonable efforts to get a NIP to the recipient in 14 days. On this basis I would take any impending prosecution arising from a late NIP as high as I could. Certainly not plead guilty by post.
Reply | Report as offensive | Link
Fri 30 Oct 2009 11:20
Noip's and the Postal strike - Armitage Shanks {p}
Great! One branch of our gargantuan and oppressive infrastructure can't get its act together and a judge says they have got to try harder or their cases fail. I understand that the situation is/was that if they say it has been posted then it is assumed you have received it. Surely then, once you have put the NIP in the shredder and are subsequently are asked where it is, the answer is that you have sent it and that they must have received it? Sauce for the goode/sauce for the gander sort of thing

Edited by Armitage Shanks {p} on 30/10/2009 at 11:21

Reply | Report as offensive | Link
Fri 30 Oct 2009 11:36
Noip's and the Postal strike - Happy Blue!
Certainly if you have a certificate of posting of an envelope going the the correct address and they cannot find your response, then they cannot find you guilty of not providing the information.
Reply | Report as offensive | Link
Fri 30 Oct 2009 14:20
Noip's and the Postal strike - Mick Snutz
The real issue here is that someone who broke the law and sped along a public highway was caught but due to a loophole has got away with it. That is the ridiculous part!
Reply | Report as offensive | Link
Fri 30 Oct 2009 14:34
Noip's and the Postal strike - daveyjp
It's not a loophole. The law says 14 days, it took 16.

Of more concern to me is that the guy who won could have been landed with a bill for the fees. Clear licence, penalty charge refunded, bill for £8,000! This legislation is supposed to come into force on monday.

Edited by daveyjp on 30/10/2009 at 14:39

Reply | Report as offensive | Link
Fri 30 Oct 2009 14:37
Noip's and the Postal strike - mjm
>>The real issue here is that someone who broke the law and sped along a public highway was caught but due to a loophole has got away with it. That is the ridiculous part! <<

If you are going to go for toy town one size fits all automated clockwork law enforcement then you should make sure that all the cogs are engaged.

I suppose that if the postal strike continues then more police time will be wasted delivering NOIPs than patrolling the roads.
Reply | Report as offensive | Link