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Notice Of Intended Prosecution.

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GlenB | 11:00 Sun 24th Sep 2023 | Law
28 Answers

I have received a note from the post office that a letter is being held for me that has not had postage paid and is available for collection on payment of £1.10

I haven't yet called at the post office or seen the letter but it is possible that this is a notice of intended prosecution for a recent speeding offence which I am aware of and was probably caught on camera.

If so, is the notice valid if I refuse to accept it and  the post office  returns it to the sender?

 

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The 1978 Interpretation Act states,'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...
11:14 Sun 24th Sep 2023

For goodness' sake, GlenB, get it sorted and have done with it! A speeding ticket isn't all that big a deal! You'll have a choice of penalties, one of which (and the easiest one to deal with) is you'll have to pay a fine and attend a Speed Awareness Course. After that, your slate will be wiped clean. I am currently on my third speeding ticket, and I shall have to attend a course that's about 90 minutes' drive from my house. It's no big deal.

Was it a royal mail card or text/ email. If genuine its  more likely something else not Nip but for peace of mind pay the money

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Many thanks to you all for your comments - most helpful.

Many a slip twixt cop and NIP.

Please let us know when you find out what it was 

You can simply refuse to collect it. It will be returned and may be reissued or not. If it is you have a defence against the speeding charge (though you will still have to respond to the accompanying "request for driver's details" as this has no time limit). Keep the evidence you have that a letter was undelivered in case the police try to insist that it was your fault that it was not served or try to insist that it was. You have no obligation to assist in that service.

Alternatively collect and pay for it after day 14 and get evidence of that transaction. That way you get to find out what it is in case it's anything else. Name yourself as the driver as per the accompanying request and you can then defend the speeding allegation on the basis that no NIP was served within the required 14 days (a requirement laid down in Section 1 of the Road Traffic Offenders' Act).

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Let's end with a smile.  No it wasn't an NIP nor was it from Auntie Edna, but it was birthday card which had an old style stamp on it which  of course isn't now valid.

Happy birthday, GlenB.   Hope the cheque wasn't out of date, too  :D 

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