Home> It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. IS IT WORTH FIGHTING ON THESE GROUNDS? 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). Newsroom> They then dont accept a fixed penalty or a course and take the case to court. Make sure that you get proof of postage and keep a copy of your response. Notice of Intended Prosecution - Driving Test Tips Cookie Notice It is only there to identify the registration of the vehicle, not the driver. 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? Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. The police have up to six months to issue you with a speeding fine. These offences are usually caught on camera. 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. a red light); careless driving; 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. The told me exactly how to appeal and win. The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to 1,000. Youll then have 28 days to accept the fine and potential penalty points. 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 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. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Magistrates guidelines often mean that they impose more than three points. A notice of intended prosecution is issued by the police. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. 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. The email has been rejected due a process change and says I have to return by post. They can accept this or allow the matter to go to court where the fine can become bigger. 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. The cookie is used to store the user consent for the cookies in the category "Other. If the DVLA record has a current address at the issue date of the V5C, I reckon a. I am now in the 28 days reply period. The Notice of Intended Prosecution arrived after 14 days If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. Their evidence will be tested at trial. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 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. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Im wondering how best to proceed on what next steps to take? 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. This cookie is set by GDPR Cookie Consent plugin. Leeds NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law You could try Michael Lyon Solicitors in Glasgow. Based in England. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. That is a valid defence which is often successfully argued in court. Then they write to the registered keeper again for more details. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Hi Bryony Thanks for getting in touch. 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. 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. Speeding penalties - GOV.UK Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. If that hasnt happened the prosecutor will want to know why. 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. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. When you receive a notice, it does not mean the prosecution will necessarily happen. Notice of intended prosecution sent to wrong address - Page 1 - Speed Thanks, Hi Scott. The police send a document to the registered keeper of the vehicle. 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. Regards Matthew. 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. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Stephen. What happens next after a Notice Of Prosecution? However, it does act as a warning that you may be prosecuted for the alleged offence. They advised me on how to appeal and gave me everything I needed to make an airtight defence. 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Hi Rich. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. I was informed that I should notify them to change it so I can register. Fees may be payable depending on your final choice of financial product. Dispute a Notice of Intended Prosecution (NIP). 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. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The police send out a notice to a suspected driver. 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. Road Traffic - Summary Offences | The Crown Prosecution Service These cookies will be stored in your browser only with your consent. 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. 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. 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. Bristol Not to be confused with genuine cases where someone did not receive the notice in the post. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. I hope that this information helps. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Notice Of Intended Prosecution: What Next? | Caddick Davies You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. I have received an NIP for my farther who has sadly passed away. The magistrates might decide that there is enough evidence anyway. The fact that the photograph is unclear is irrelevant. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. If the police have sent you a speeding fine what should you do? Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. The date on my newly updated V05 document is. Fixed Penalty Notices: all you need to know | RAC Drive Speeding | Metropolitan Police If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. This one isnt so much as a scam as a mis-understanding of the law. NIPs to the Wrong Address - David Barton | Motorist Lawyer If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. For many people going to court and asking for the shortest ban possible might be the best idea. 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. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Surely this is way too late for them to take any action. Bradford If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. I.e. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. You also have the option to opt-out of these cookies. The cookie is used to store the user consent for the cookies in the category "Analytics". This is to notify them how much they have been fined and if penalty points will be added to their license. What should I do? 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. Liverpool I have done this and sent the forms back. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. Stephen, Hi Stephen I have received an NIP. When should a Fixed Penalty Notice be received? If the recipient fails to respond, or if they were to write . reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) What can we do please? 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. 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. Does this make any difference? 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. Rob Says: It depends! However, the most important thing is to stay calm and deal with the situation at hand. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. The notice of intended prosecution (NIP) was sent to our old company address. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Fines and costs are always more than 100 at court. A section 172 notice will also accompany the NIP. 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? It can be pretty difficult to persuade magistrates that two notices went missing. For more information, please see our Id like to know what is classed as evidence when a speed camera is involved. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! NIP will be sent out to the details held on PNC at the time the search was made. 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. 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. They can prosecute the registered keeper or anyone else who they sent a notice to. 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. 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. 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! 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. Conviction for failing to identify the driver. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. These offences are usually caught on camera. All rights reserved. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 0333 443 2366 Mobile friendly number. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. I have received a Notice of Intended Prosecution what should I do The police will write to the false person who is overseas. Thats when MoneyNerd was born. Notice of intended prosecution loopholes and how they can backfire Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. The Notice of Intended Prosecution comes before the actual speeding fine. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Carlisle V5C to wrong address, now notice of intended prosecution 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? For example, the keeper nominates her husband and the driver on the photograph is a woman. Notice of Intended Prosecution (NIP) - Motor Lawyers As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. Stephen. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! Please enable Javascript to view this webpage. It is a different type of firm enabled by technology and by new ways of working in the justice system. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. document.addEventListener('wpcf7mailsent', function (event) { If you want to discuss the case, please give me a call on 07984 436464. They might be able to cross-reference the registered post receipt with the dodgy letter. The company receives the notice from the police requiring the details of the driver. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. First of all, youll need to respond to the section 172 request to identify the driver. If you need to discuss the details, give me a call on 03301116074. 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. 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 . Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. You arent the registered vehicle keeper. NIP sent to wrong address - can I appeal? - Honest John The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. They accept that they were driving and go on a course or accept a fixed penalty. Offer you a speed awareness course, which will result in no points being endorsed on your licence. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? I have now received a follow up letter which says a copy of the charge was sent within . CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. If you are not the registered keeper there is no time limit. When the keeper gets the notice from the police they reply saying that someone else was driving. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. 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 criminal record is not the only thing that you might need to think about. ICO No: ZB338550. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. The company still gets fined for failing to provide driver details as well. This cookie is set by GDPR Cookie Consent plugin. Hi Michael. Cases of perverting the course of justice must be dealt with in the Crown Court. Notice of Intended Prosecution (NIP) - Road Traffic 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. To see how we use, store and share your contact information you can read our privacy policy. Yes. 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 informs you that the police are considering prosecution for an alleged motoring offence. MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. These cookies track visitors across websites and collect information to provide customized ads. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Hi Adrian I would try to get it resolved. Can I reject a speeding ticket after 14 days? | The Sun People dont want points on their driving licence, fines or even driving bans. 18:28, 18:38, 18:43 time wise. 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. But lying during the process will be a disaster. The police send out a requirement to provide driver information. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Firstly I currently have 6 points on my licence. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. The company is happy to pay the fine knowing that the drivers licence is saved.
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