I have came home from offshore to find a reminder letter of NIP from Lothian & Borders Police Safety Camera Unit. The alleged Offence is for the x 2010. I have telephoned them to explain that I have just come home from a long trip away and this would explain no reply. I have not received an original NIP just a reminder and I informed them of this on the telephone, but the officer clearly stated that this was posted on the x, but not by recorded delivery.
How can they guarantee we are to receive this if it is not signed for on arrival on location. I have read in the Road traffic offenders act that we must receive the NIP within 14 days, In this case I have not only the reminder which is dated the x. I have written a letter to them asking for them to send the photographic evidence they have to myself so I can establish who is driving and if even this is my vehicle.
Can you give any more information and do you think I have a chance of getting out of this Speeding offence?
The police are allowed to send these notices by first class post and there is a rebuttable presumption of good service. Service means sent and received (at the correct address) within 14 days. It doesn’t mean that you have to know about it within 14 days. If the original NIP never arrived and you only go the reminder then you may have an argument – but you still need to name the driver.
You now need to do your best to figure out who was driving at the time of the alleged offence. If no one else could have been driving then you will have to name yourself – unless you think that your car was cloned. If there are other people that could have been realistically driving then you will need to name them and provide their contact details in your response to the police to show that you have used reasonable diligence.
Have you got any points already? If so, how many?
You have a chance of avoiding conviction but it won’t be easy and you have to be prepared for the risk of more points and larger fines if you lose.