What should i do? And they were all within the space of 15 minutes. Such a warning is normally known as a "notice of intended prosecution", or NIP. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. Can I reject a speeding ticket after 14 days? | The Sun At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Wed never recommend ignoring a notice of intended prosecution. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. There are a number of reasons why you may not have been issued a notice in the post within 14 days. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. Again, remember to take off the day of the alleged offence. Not to be confused with genuine cases where someone did not receive the notice in the post. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law In some circumstances, you might have a legitimate reason not to pay a fine. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. In the case of more serious offences, the case may be referred to the courts. The NIP has to be served on the registered keeper within 14 days. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! Can I check if there are circumstances including address change that may remove that constraint? If the recipient fails to respond, or if they were to write . The date on my newly updated V05 document is. What can we do please? A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). All of the alternatives are worse than simply accepting the original penalty. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. The magistrates might decide that there is enough evidence anyway. What happens next after a Notice Of Prosecution? For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Membership and partnership organisations home. If the police have sent you a speeding fine what should you do? I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. For example, the keeper nominates her husband and the driver on the photograph is a woman. Sometimes the police give a link to a photograph from the speed camera online. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Its easy to panic if you receive a notice of intended prosecution. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. This will indicate when DVLA actually updated their records. Maybe you have decided to go along without a lawyer. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. Is there a requirement for warning signs to be in place in and around the location of the speed check? You may have heard that if you get a speeding ticket through the post. What action should you take? The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Hope this helps. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Is the speed alleged on the NIP an average over two or more points or at a single point? When should a Fixed Penalty Notice be received? By clicking Accept, you consent to the use of ALL the cookies. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. Will a driving conviction appear on my criminal record? Yes. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Then they write to the registered keeper again for more details. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. Hi Michael. I am sure that some people do get away with notice of intended prosecution loopholes and scams. That is not a valid defence and it cant be argued in court. Manchester Avoiding a ban for drink driving is not easy. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? Our team fact-checks content to ensure accuracy at the time of writing. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. London Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Speeding Fines, Tickets And Penalties Explained - Which? Have you got any points already? A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. We Will Answer Your Motoring Offence Question Free MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. This one isnt so much as a scam as a mis-understanding of the law. Is this charge enforceable? Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. They can refer to the reminder at court. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } The Notice of Intended Prosecution comes before the actual speeding fine. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Stephen, Hi Stephen I have received an NIP. Let me explain Not only did I save 50 on fees, I also won and, Car Finance Debt New 2023 Laws & Your Rights, Council Tax Debt New 2022 Laws & Your Rights, Credit Card Debt Options to Clear Your Debt, Reducing Your Debt What Are Your Options? When you receive a notice, it does not mean the prosecution will necessarily happen. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). The 14-Day Rule for Notices of Intended Prosecution - Loophole or MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. Conviction for failing to provide driver details. There might be a photograph from the speed camera showing some detail of the driver. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. The cookie is used to store the user consent for the cookies in the category "Analytics". I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. What action should you take? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Notice of intended prosecution loopholes and scams just dont work so dont try them. About Us Seeherefor details about our law firm. Speeding ticket sent to wrong address after 14days | Legal matters Hi Jon I would normally expect an entry and an exit image. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Come back to me if you would like my help with this matter. Hi Matthew There is no such thing as rejecting an NIP. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. They will need to confirm either that they were driving or confirm the details of who was driving. What Happens Next After Notice Of Prosecution? - Slater They have to go to court and lie on oath. Hi Paul. Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. The question of a conviction appearing on your criminal record is complicated. But a company cant get penalty points. Patterson Law Limited is a law firm authorised and regulated by the. Regards Timothy Bradshaw. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. Hi Bryony Thanks for getting in touch. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. The Notice of Intended Prosecution comes before the actual speeding fine. The issue now is, my girlfriend forgot to send off the slip and 2-3weeks after selling the car, a NIP appears in the post. I received this notice in the post today 15/06/2021! The notice has to be sent to the registered address on the V5 within 14 days. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. A section 172 notice will also accompany the NIP. How to Properly Deal with a Notice of Intended Prosecution I may be able to dissuade the police from taking the matter further. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. How do I challenge this charge. Stephen. However, it does act as a warning that you may be prosecuted for the alleged offence. The police have up to six months to issue you with a speeding fine. The vehicle information is correct. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. Different bands and the specifics of the incident determine the exact amount youre fined. ), so its important that you read the terms of any products that youre considering before you apply. The police send out a requirement to provide driver information. Speeding | Metropolitan Police It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. The driver ends up with a fixed penalty for three points or a court case instead. They will work with you to find the right way forward for your individual case. It does not store any personal data. No They can prosecute the registered keeper or anyone else who they sent a notice to. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Carlisle Notice of intended prosecution loopholes and how they can backfire Bristol Certain types of finance are not regulated, such as bridging loans. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Sometimes the driver/keeper asks the police to send them a photograph. Stephen. This cookie is set by GDPR Cookie Consent plugin. The defence at court is that there is no evidence of who was driving. In many circumstances council fines are not enforceable. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. As a result we've received it some seven weeks late. Saying to the police or the magistrates court: All these have been tried, tested and failed. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. Id like to know what is classed as evidence when a speed camera is involved. When a driver has been going just over the speed limit the police offer them a speed awareness course. Most police forces send a reminder when they dont get a reply to the first notice. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. The issue now is, my girlfriend forgot to send off the slip and 2-3weeks after selling the car, a NIP appears in the post. They dont receive a reply due to the fact that they dont exist. If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. The company still gets fined for failing to provide driver details as well. The company receives the notice from the police requiring the details of the driver. They go to extraordinary lengths to avoid justice. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. All information was correct at the time of publication. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. Notice of Intended Prosecution by Pete / CC BY. Hi John Thanks for getting in touch. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. It depends! If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. However, the most important thing is to stay calm and deal with the situation at hand. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. 2. Regards Rob, Hi Rob. This cookie is set by GDPR Cookie Consent plugin. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Road Traffic - Summary Offences | The Crown Prosecution Service We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Based in England. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Chelmsford Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? These records are based upon the address recorded on the registration certificate for the vehicle. You have to respond to say who was driving or you might get 6 points and a fine. There are a few ways that this plot can be foiled. Cookie Notice As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Stephen. Caddick Davies can talk you through the options available to you, based on your individual case. It states that only the name on the form can fill it it in? 03301116074. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Speeding offences | Northamptonshire Police What can I claim for in a personal injury case? If you are stopped by the police, a notice of intended prosecution can be given verbally.
