DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: The Flame Pit
*****************************************************
#Post#: 100110--------------------------------------------------
Burden of proof for 14-day NIP window
By: Demio323 Date: November 27, 2025, 1:03 pm
---------------------------------------------------------
We've probably all seen those YouTube or Instagram videos by
people giving "tips" on how to get out of speeding tickets. I
randomly came across this video by MAJ Law (a law firm based in
Cheshire apparently) titled "How to WIN a Speeding Case" and
wanted to double-check a point they made:
Video link removed by mod
In short, the person talks about the 14-day time limit for
receiving the initial NIP and goes on to say:
"It's for the police to prove this case against you and that may
also require them to produce evidence to prove that it was sent
within 14 days".
My understanding is that Section 1(3) of the Road Traffic
Offenders Act 1988 makes it clear that the burden of proof in
this instance would be on the defendant, not the police. Am I
correct therefore in saying that the video creator is entirely
wrong in what they say?
#Post#: 100113--------------------------------------------------
Re: Burden of proof for 14-day NIP window
By: andy_foster Date: November 27, 2025, 1:18 pm
---------------------------------------------------------
You are correct, and this was confirmed by the Divisional Court
in the case of Bee vs DPP [2001] EWHC Admin 812
#Post#: 100115--------------------------------------------------
Re: Burden of proof for 14-day NIP window
By: Demio323 Date: November 27, 2025, 1:40 pm
---------------------------------------------------------
Thanks Andy.
You do wonder how a self-proclaimed "motoring defence solicitor"
can get a detail like that wrong, but oh well.
*****************************************************