3. Speeding on M6
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CheekiSkrub

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Speeding on M6
« on: July 30, 2024, 04:31:48 pm »
Received a NIP from Warwickshire Police, today requesting driver information.

Alleged offence of Speeding - exceed 70 mph motorway limit - automatic camera device.
Recorded at a speed of 79mph.
M6 Motorway Junction 3A Southbound at 19:23 12 July

Notice issue date is 18 July.

It has arrived in the post 30 july, it was redirected first class from an old address.

I have recently moved house, am using royal mails redirect service and haven’t updated the car v5c yet.

Am I correct in thinking this is past the 14 day notice period? I appreciate that it has been redirected, but still 18 days since the alleged offence, and 13 days since the notice, seems that even if it wasn’t redirected, it would be late.

Thoughts?
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The Rookie

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Re: Speeding on M6
« Reply #1 on: July 30, 2024, 04:56:33 pm »
It is past the 14 days, but given the redirect the police will almost certainly claim (successfully) that they couldn’t get it to you within 14 days despite exercising reasonable diligence. The law says it can be presumed delivered within 2 working days (16th July) and in good time but for the redirect.
How long have you been moved for?
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NewJudge

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Re: Speeding on M6
« Reply #2 on: July 30, 2024, 05:18:59 pm »
The Interpretation Act governs the service of documents by post. Where it is permitted to serve a document by post, it says this:

"...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."

The "ordinary course of the post" has been set at two working days. However, since your notice had to be redirected, it is no longer subject to the "ordinary course of the post" and so any attempt you make to defend the charge on the basis of a late NIP will almost certainly fail as your notice was posted in plenty of time to reach you by day 14 ordinarily.
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andy_foster

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Re: Speeding on M6
« Reply #3 on: July 30, 2024, 05:56:54 pm »
Quote from: CheekiSkrub on July 30, 2024, 04:31:48 pm
Am I correct in thinking this is past the 14 day notice period?

As you have failed to update your V5C, on the face of it you caused the delay and the 14 day rule does not apply.

Quote
I appreciate that it has been redirected, but still 18 days since the alleged offence, and 13 days since the notice, seems that even if it wasn’t redirected, it would be late.

Thoughts?

2 thoughts - struggling to see any joined up logic as to how a redirected notice being delivered "late" means that it would have been delivered late to the address on your V5C if redirection had not been in place, and
struggling even further to see the relevance of whether or not it hypothetically would have been late, unless it was not posted in time to be presumed served in time.
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CheekiSkrub

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Re: Speeding on M6
« Reply #4 on: July 30, 2024, 07:25:16 pm »
Ok thanks for the assistance
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