It must be issued within 14 days, and that is all.
No. Absolutely No. How many times does it need explaining!
Section 1 of the ROTA 1988 says
http://www.legislation.gov.uk/ukpga/1988/53/section/11 Requirement of warning etc. of prosecutions for certain offences.
(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless
(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of e offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
Section 1-1-c-ii is the relevant bit for speeding, so the S172/NIP must be
served on the Registered Keeper within 14 days.
Served has a specific legal meaning defined in section 7 of the Interpretation Act 1978 the
http://www.legislation.gov.uk/ukpga/1978/307 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.
So service is deemed to be on normal delivery, which for 1st class post is 2 working days.
http://www.bailii.org/ew/cases/EWHC/Admin/2009/2924.html
With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.
1). Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.
2). To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-
(a) in the case of first class mail, on the second working day after posting;
(b) in the case of second class mail, on the fourth working day after posting.
"Working days" are Monday to Friday, excluding any bank holiday.
3). Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.
4). This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.
8th March 1985
J R BICKFORD SMITH Senior Master
Queen's Bench Division
High court decisions are binding on lower courts - the Magistrates cannot choose to interpret the meanings differently.
Hence a NIP/S172 dated, printed and posted on days 13 or 14 cannot possibly be deemed to have been
served within the 14 days required by the RTOA
To be served within 14 days would mean near enough any lease/company car driver would be immune.
Only the Recorded keeper must be served the first notice within 14 days. For a lease/company car that would be whoever is on record at DVLA as being the keeper. Once the lease company receive it, they must reply nominating a driver. The Police will then issue a second NIP/S172 to the nominated person. There is NO time limit on this second(or third or fourth) NIP.
It also ignores the fact that police have, at least, 6 months to prosecute, not 14 days, or 12 using your 2 days for postage logic.
Read Section 1 of the RTOA again - "a person shall not be convicted of an offence to which this section applies unless..." A late NIP will prevent a successful prosecution.
What if someone was on holiday for two weeks, starting the day before the NiP was delivered, would they be immune because they hadn't been 'served'?
No. The nip is deemed "served" when it drops through the letter box at the address held by DVLA for the RK. Doesn't matter if you are in, out or shaking it all about.
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