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. However, the most important thing is to stay calm and deal with the situation at hand. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. IS IT WORTH FIGHTING ON THESE GROUNDS? Norwich 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? People dont want points on their driving licence, fines or even driving bans. Loss of opportunity to do a course or accept a fixed penalty. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. Newsroom> Slater and Gordon 2023. Cases of perverting the course of justice must be dealt with in the Crown Court. Why So Much Free Information Whats The Catch? The registered keeper was driving when they set off a speed camera. The course lasts for half a day and there are no penalty points. A person is charged with failing to provide driver information. Stephen. I have sent you an email about your case. They then dont accept a fixed penalty or a course and take the case to court. Avoiding a ban for drink driving is not easy. With a recent 3 points accepted and 3 points dropping off in Dec 2019. They accept that they were driving and go on a course or accept a fixed penalty. Hi John Thanks for getting in touch. 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. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. The cookie is used to store the user consent for the cookies in the category "Analytics". In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 18:28, 18:38, 18:43 time wise. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Rob Says: It depends! The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. Not to be confused with genuine cases where someone did not receive the notice in the post. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. You have to respond to say who was driving or you might get 6 points and a fine. It does not store any personal data. Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. 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. These offences are usually caught on camera. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. These records are based upon the address recorded on the registration certificate for the vehicle. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. Do you think I have a clear argument for it? However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Your email address will not be published. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Notice of intended prosecution loopholes and how they can backfire 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. 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). 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. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. We Can Help. 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. The Notice of Intended Prosecution arrived after 14 days 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 . Fees may be payable depending on your final choice of financial product. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. They make sure that the envelope is sent by registered post. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 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. I have received a Notice of Intended Prosecution what should I do When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. You wont have to pay the fine and you wont have to accept penalty points on your license. By clicking Accept, you consent to the use of ALL the cookies. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. What happens next after a Notice Of Prosecution? NIPs to the Wrong Address - David Barton | Motorist Lawyer 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. 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 The email has been rejected due a process change and says I have to return by post. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. and our A notice of intended prosecution is issued by the police. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. They have to go to court and lie on oath. 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. 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. 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 . The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers Sorry to hear about what has happened. I may be able to dissuade the police from taking the matter further. Plus, a document called a Section 172 notice. The question of a conviction appearing on your criminal record is complicated. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence They fill in the notice with the false details. Stephen. The prosecutor could also put a charge of failing to provide driver details. 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. 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 changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Another case says that an unsigned form does not amount to a reply. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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. The cookie is used to store the user consent for the cookies in the category "Performance". 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. Have you got any points already? 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. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. Notice of intended prosecution sent to wrong address. Knowing your rights could help you avoid paying a speeding fine. If you want to discuss the case, please give me a call on 07984 436464. Written confirmation is being sent to you in order to confirm that no further action will be taken. The company still gets fined for failing to provide driver details as well. About Us Seeherefor details about our law firm. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 03301116074. 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 (NIP) - Road Traffic The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Usually the identity of the driver comes out of the process and they are dealt with. Do you think I have a valid case to void my impending alleged conviction. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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? If the recipient fails to respond, or if they were to write . 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). This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. We do this from the outset of your case and throughout its duration. Most police forces send a reminder when they dont get a reply to the first notice. They will work with you to find the right way forward for your individual case. Is the NIP validly issued and/or validly served? The Notice of Intended Prosecution comes before the actual speeding fine. Please give me a call if you would like to discuss the case in more detail. The told me exactly how to appeal and win. You arent the registered vehicle keeper. You could try Michael Lyon Solicitors in Glasgow. 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. It depends! If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. However, it does act as a warning that you may be prosecuted for the alleged offence. 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. This notice is issued by the police soon after the alleged offence has been committed. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. 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. 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). Conviction for perverting the course of justice. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. 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. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. However, the alleged offence is stated as 06/02/2022. Firstly I currently have 6 points on my licence. The NIP must have been received within 14 days since the date of the alleged speeding offence. Different bands and the specifics of the incident determine the exact amount youre fined. That is a valid defence which is often successfully argued in court. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Reddit and its partners use cookies and similar technologies to provide you with a better experience. As a result we've received it some seven weeks late. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Notice of Intended Prosecution | Devon and Cornwall Police Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. The defective NIP maybe a defence to the Speeder though. 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. Is the speed alleged on the NIP an average over two or more points or at a single point? Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. London Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Stephen, Hi Stephen I have received an NIP. What should I do? An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. We Will Answer Your Motoring Offence Question Free However, there are some exceptions. 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. 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. You need to find out whose mistake it is. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. If you were speeding take the hit and stop moaning. Why you might not receive a NIP within 14 days. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. 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. Stephen. 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. 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. I have done this and sent the forms back. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. For more information, please see our The matter will be referred to the magistrates . The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. We are so confused, we dont know what to do. We are so confused, we dont know what to do. 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? Speeding ticket sent to wrong address after 14days | Legal matters Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 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? You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Necessary cookies are absolutely essential for the website to function properly. 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. 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. Notice of intended prosecution loopholes and scams just dont work so dont try them. Hi Jon I would normally expect an entry and an exit image. 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. If youve received a notice of intended prosecution, you may be concerned about the potential implications. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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 High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Fines and costs are always more than 100 at court. ICO No: ZB338550. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. Wed never recommend ignoring a notice of intended prosecution. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. But, this isnt true for all cases. Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. Hull For further assistance contact us online or call us on 0330 041 5869. They can prosecute the registered keeper or anyone else who they sent a notice to. 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? I hope that this information helps. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019.
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