Free Traffic Legal Advice

General discussion => The Flame Pit => Topic started by: Demio323 on November 27, 2025, 07:03:28 pm

Title: Re: Burden of proof for 14-day NIP window
Post by: Demio323 on November 27, 2025, 07:40:59 pm

Thanks Andy.

You do wonder how a self-proclaimed "motoring defence solicitor" can get a detail like that wrong, but oh well.

Title: Re: Burden of proof for 14-day NIP window
Post by: andy_foster on November 27, 2025, 07:18:34 pm

You are correct, and this was confirmed by the Divisional Court in the case of Bee vs DPP [2001] EWHC Admin 812

Title: Burden of proof for 14-day NIP window
Post by: Demio323 on November 27, 2025, 07:03:28 pm

We've probably all seen those YouTube or Instagram videos by people giving "tips" on how to get out of speeding tickets. I randomly came across this video by MAJ Law (a law firm based in Cheshire apparently) titled "How to WIN a Speeding Case" and wanted to double-check a point they made:

Video link removed by mod

In short, the person talks about the 14-day time limit for receiving the initial NIP and goes on to say:
"It's for the police to prove this case against you and that may also require them to produce evidence to prove that it was sent within 14 days".

My understanding is that Section 1(3) of the Road Traffic Offenders Act 1988 makes it clear that the burden of proof in this instance would be on the defendant, not the police. Am I correct therefore in saying that the video creator is entirely wrong in what they say?