I received an NIP to which I responded by sending off the relevant documenation and obtained a Certificate of Posting when I sent it.
I have been summoned to Court for failure to provide the information so presumably the envelope has not arrived. What should I do now?
Information above bit scant but here goes.
When you received the NOIP for the offence (say speeding detected electronically) with the paperwork would a Notice under Section 172 RTA 1988 for you to NAME the driver at the time of the alleged offence. This has to be returned within 28 days or offence and the matter goes to Court. Without the name of the driver they cannot proceed with the original offence of speeding. So be wary if it goes to Court.
It you did not declare who the driver was or said you did not know and no evidence of any enquiry you made to find out then they will summons you to Court for failing to name. If convicted then it will be SIX points and not 3 for speeding.
If summoned then you will have the option of Pleading Not Guilty and proving by the Certificate of Posting that 172 name and shame was made and posted off to them.
Remember also Section 7 Interpretation Act 1978
7 References to service by post.
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.
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