People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. The registered keeper was driving when they set off a speed camera. They can accept this or allow the matter to go to court where the fine can become bigger. 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Regards Rob, Hi Rob. Stephen. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. 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. ICO No: ZB338550. Is it something I should flag to the Met or just reply with the assumption its for me anyway? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. Some say the police will have other, clearer photos, others are not so sure. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. if (window.fbq) { window.fbq('track', 'Lead'); } I have done this and sent the forms back. 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. If you think that you have a legitimate defence get some advice before you make things worse. Conviction for failing to identify the driver. Why you might not receive a NIP within 14 days. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. This cookie is set by GDPR Cookie Consent plugin. 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. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? 3. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. Hi Matthew There is no such thing as rejecting an NIP. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Newsroom> Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Sometimes the driver/keeper asks the police to send them a photograph. You also have the option to opt-out of these cookies. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. But it isnt necessary for the police to provide them at the fixed penalty stage. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. I have received an NIP for my farther who has sadly passed away. These offences are usually caught on camera. At MoneyNerd, we are passionate about simplifying finance. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. Is there a defence for this? We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The police send a notice to the person who has been nominated. NIP will be sent out to the details held on PNC at the time the search was made. What action should you take? You arent the registered vehicle keeper. The notice may be received several months after the alleged offence took place and still be prosecuted. They will get six points and a fine all of their own. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. However, the most important thing is to stay calm and deal with the situation at hand. How long after a speeding offence can you be charged? Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. This cookie is set by GDPR Cookie Consent plugin. There might be a photograph from the speed camera showing some detail of the driver. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. The course lasts for half a day and there are no penalty points. But a company cant get penalty points. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Sorry to hear about what has happened. 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. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. These cookies will be stored in your browser only with your consent. The notice of intended prosecution (NIP) was sent to our old company address. What does Michael Howard have in common with Christine Hamilton? Chelmsford 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. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. The criminal record is not the only thing that you might need to think about. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. The Notice of Intended Prosecution comes before the actual speeding fine. For further assistance contact us online or call us on 0330 041 5869. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. For more information, please see our The police dont have to offer a fixed penalty. All information was correct at the time of publication. This website uses cookies to improve your experience while you navigate through the website. Carlisle A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. If the DVLA record has a current address at the issue date of the V5C, I reckon a. The driver fills in the details nominating him or herself but doesnt sign the form. The fact that the photograph is unclear is irrelevant. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Loss of opportunity to do a course or accept a fixed penalty. a red light); careless driving; I WAS DOING 30 MPH IN A 30 LIMIT. Hi John Thanks for getting in touch. Cardiff These records are based upon the address recorded on the registration certificate for the vehicle. Sometimes this is called giving your points to someone else. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. When should a Fixed Penalty Notice be received? Cases of perverting the course of justice must be dealt with in the Crown Court. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. Stephen. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. You wont have to pay the fine and you wont have to accept penalty points on your license. Saying to the police or the magistrates court: All these have been tried, tested and failed. The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. But opting out of some of these cookies may affect your browsing experience. The defence at court is that there is no evidence of who was driving. Your email address will not be published. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Hull Based in England. The told me exactly how to appeal and win. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The photograph is a red herring. Hi Michael. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. Offer you a conditional fixed penalty, which is three points and 100 fine . I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. They might be able to cross-reference the registered post receipt with the dodgy letter. You have a legal obligation to respond to a NIP which is addressed to you. We are so confused, we dont know what to do. The date on my newly updated V05 document is. Stephen. Why So Much Free Information Whats The Catch? Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. It can be pretty difficult to persuade magistrates that two notices went missing. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. 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. Avoiding a ban for drink driving is not easy. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. It does not store any personal data. As a result we've received it some seven weeks late. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. ), so its important that you read the terms of any products that youre considering before you apply. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. There are three reasons why you might not receive a NIP within 14 days. All rights reserved. The police will write to the false person who is overseas. Please give me a call if you would like to discuss the case in more detail. Cookie Notice The company receives the notice from the police requiring the details of the driver. This one isnt so much as a scam as a mis-understanding of the law. Fines and costs are always more than 100 at court. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. Hi Mark Give me a call if you want some advice about this question. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . Different bands and the specifics of the incident determine the exact amount youre fined. 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Yes. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? That is not a valid defence and it cant be argued in court. You could try Michael Lyon Solicitors in Glasgow. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Thanks! If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. You need to find out whose mistake it is. This paragraph should be read in conjunction with 2.202 in cases of accidents. About Us Seeherefor details about our law firm. Hi Jon I would normally expect an entry and an exit image. The problem is,. Is there a requirement for warning signs to be in place in and around the location of the speed check? Another case says that an unsigned form does not amount to a reply. Notice of intended prosecution loopholes and scams just dont work so dont try them. Notice of intended prosecution sent to wrong address. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. 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. The question of a conviction appearing on your criminal record is complicated. 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? They can prosecute the registered keeper or anyone else who they sent a notice to. 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. To see how we use, store and share your contact information you can read our privacy policy. What happens next after a Notice Of Prosecution? If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. I.e. This cookie is set by GDPR Cookie Consent plugin. A defective NIP is not a defence to failing to name the driver so you must still provide that information. I am sure that some people do get away with notice of intended prosecution loopholes and scams. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). In extreme cases conviction for perverting the course of justice. What do I do with the NIP after it has missed the 14 days ? These cookies ensure basic functionalities and security features of the website, anonymously. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Conviction for failing to provide driver details. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. However I was not in that area at the time. These offences are usually caught on camera. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. People dont want points on their driving licence, fines or even driving bans. You may have heard that if you get a speeding ticket through the post. and our Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Is this charge enforceable? Dispute a Notice of Intended Prosecution (NIP). But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. Do you think I have a valid case to void my impending alleged conviction. 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. If the police have sent you a speeding fine what should you do? For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. Hi Adrian I would try to get it resolved. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. A notice of intended prosecution is issued by the police. Regards Matthew. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Certain types of finance are not regulated, such as bridging loans. Notice of Intended Prosecution. The matter will be referred to the magistrates . Privacy Policy. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. The cookies is used to store the user consent for the cookies in the category "Necessary". What should I do? Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. Notice of proposed driving disqualification. So Its over 3 year now since last course will i be able to book course, i received nip last week but it states i have about 26 days to pay fine? If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. We do this from the outset of your case and throughout its duration. Your email address will not be published. This is my big list of case law relating to cases of driving with excess alcohol. This is quite a complicated area of law. Offer you a speed awareness course, which will result in no points being endorsed on your licence. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Patterson Law Limited is a law firm authorised and regulated by the. ), You received a verbal warning instead and wont receive a NIP. Id like to know what is classed as evidence when a speed camera is involved. We often link to other websites, but we can't be responsible for their content. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 18:28, 18:38, 18:43 time wise. Evidence will be required before a driver can be prosecuted for speeding. 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. Formal Notice of Intended Prosecution
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