Free Traffic Legal Advice

Thanks 66 and six I agree that is why I have asked about ways to prove it? I believe it is impossible unless the burden of providing the proof is on the claimant but he can hide behind poorly written legislation and date provided on NIP which is not date when was delivered.

Thanks of your reply.
Not sure I got it correctly. You stated  that I am in different position to Peter. Not sure why? The only difference between myself and Peter is that he got postman to confirm delivery date but as you stated later "presumption of service" (in two days) was not rebuttable. I believe they can easily prove that they prepared the NIP in required timescale as it is dated 28th of Nov. So prosecutors will assume that NIP was served on time even without evidence of delivery which would be in case of Rec/Reg delivery. I think, I agree with that but how can I prove NIP sat for two weeks in post office or in the police outbox tray?

Second place where I am confused is your statements about law and fact. In my case RK got the NIP late not the driver. The driver was not named yet. There is no strike and letter was late that is the fact however how can I prove it was late in terms of the law, is what I am asking?

Is in not the case that the claimant must provide the evidence the NIP was delivered? Otherwise we could be living in the world when anybody can issue an invoice and claim it was delivered, but ignored?

In Peter’s case the judge confirms that it is on the police and the prosecuting authorities to prove NIP was delivered on time and only way to do it is presumption of service which cannot be rebutted.

So basically it is impossible to prove NIP was not delivered. Thanks to Peter’s case we know it can get late, that is fact but in law terms was still delivered on presumption.
Do I get it correctly?

Hi All, Wife is the RK and received NIP for the alleged offence on the 22nd on November, 80mph at 70mph motorway. The NIP landed sometime over the weekend between 13-15th of Dec.
We live at same address for at last 5 years and car is with us for at least 5 years. The V5C is correct, so only reason why it was late must be due to post sitting on it. I am saving now all CCTV recordings, to see when it exactly arrived.
I have read a lot about the issue and to be honest I am not sure how I can prove that it was not delivered on time apart from having cctv showing post man dropping it over the weekend and wife collecting it from our box which is outside on Monday. I am not sure I will be able to prove that the letter dropped by post man was the letter with NIP. I read good thread on Pistonheads where someone won the HJ but that was in 2009 https://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=533717&i=240. Also many threads on here which refer to errors on the NIP or were late clearly because RK changed either car or address, but in my situation that is not the case.

So the question is how I can prove the late delivery?

Thanks you