Formal Notice of Intended Prosecution At MoneyNerd, we are passionate about simplifying finance. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. If the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. Notice of Intended Prosecution (NIP) - Motor Lawyers 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. 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 problem is,. 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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. Offer you a conditional fixed penalty, which is three points and 100 fine . Not to be confused with genuine cases where someone did not receive the notice in the post. Thats where they get the names from. Notice of Intended Prosecution. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. The police will write to the false person who is overseas. Regards Matthew. What happens if I don't receive a NIP after 14 days? Yes. They will need to confirm either that they were driving or confirm the details of who was driving. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Their evidence will be tested at trial. 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. Ranked in the top 20 law firms by Trustpilot. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Police post rooms should keep a log of suspicious letters. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. The company is happy to pay the fine knowing that the drivers licence is saved. 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. For many people going to court and asking for the shortest ban possible might be the best idea. Plus, a document called a Section 172 notice. ), You received a verbal warning instead and wont receive a NIP. When the keeper gets the notice from the police they reply saying that someone else was driving. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. You need to find out whose mistake it is. 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 probably are give me a call if you would like to discuss in more detail. It states that only the name on the form can fill it it in? 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. For example, the keeper nominates her husband and the driver on the photograph is a woman. Note, things do change and sometimes we do miss things (were only human! if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } 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. Carlisle I hope that it is obvious. The matter will be referred to the magistrates . Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 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). They can refer to the reminder at court. They will work with you to find the right way forward for your individual case. The keeper must identify the driver unless they are unable to. The police send a document to the registered keeper of the vehicle. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Analytical cookies are used to understand how visitors interact with the website. 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 you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. If you are not the registered keeper there is no time limit. The police send a notice to the person who has been nominated. The defence at court is that there is no evidence of who was driving. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. You also have the option to opt-out of these cookies. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd The consequences are often costlier and more serious than a speed awareness course or three penalty points. Stephen. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. The police have up to six months to issue you with a speeding fine. London Stephen, Hi Stephen I have received an NIP. The course lasts for half a day and there are no penalty points. 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. If the notice didnt get delivered, then the post office often returns to sender. I may be able to dissuade the police from taking the matter further. The criminal record is not the only thing that you might need to think about. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). But it isnt necessary for the police to provide them at the fixed penalty stage. Please give me a call if you would like to discuss the case in more detail. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. 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. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. 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. Surely this is way too late for them to take any action. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Please enable Javascript to view this webpage. The vehicle information is correct. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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. We are so confused, we dont know what to do. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law 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. 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). If youve received a notice of intended prosecution, you may be concerned about the potential implications. They go to extraordinary lengths to avoid justice. It is simply to notify that the police may take action. Another case says that an unsigned form does not amount to a reply. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. The police send out a requirement to provide driver information. These records are based upon the address recorded on the registration certificate for the vehicle. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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. Patterson Law Limited is a law firm authorised and regulated by the. 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. 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! Is this charge enforceable? How to Properly Deal with a Notice of Intended Prosecution A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. We Will Answer Your Motoring Offence Question Free Lets look at what happens with a speeding case: When a speed camera or a police officer with a speed detection device sees a vehicle speeding they record the registration number. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. They can prosecute the registered keeper or anyone else who they sent a notice to. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers However I was not in that area at the time. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. When you receive a notice, it does not mean the prosecution will necessarily happen. When a driver has been going just over the speed limit the police offer them a speed awareness course. Will a driving conviction appear on my criminal record? Does this make any difference? If the police have sent you a speeding fine what should you do? 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. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. 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. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Do you think I have a clear argument for it? The police usually send a reminder when they dont get a response the first notice. 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. 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. It can be pretty difficult to persuade magistrates that two notices went missing. About Us Seeherefor details about our law firm. Hi Jon I would normally expect an entry and an exit image. Maybe you have decided to go along without a lawyer. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. Hi Adrian I would try to get it resolved. 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. The question of a conviction appearing on your criminal record is complicated. Some say the police will have other, clearer photos, others are not so sure. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Privacy Policy. Regards Rob, Hi Rob. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. With a recent 3 points accepted and 3 points dropping off in Dec 2019. We do this from the outset of your case and throughout its duration. I have received a NIP in the post regarding speeding and theyve got my name wrong. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. What is a Notice of Intended Prosecution? They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. That is the job of the keeper who has a legal obligation to tell the police who was driving. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. The registered keeper was driving when they set off a speed camera. Newcastle NIP will be sent out to the details held on PNC at the time the search was made. I have received a Notice of Intended Prosecution what should I do Not completely wrong but typos on both my first and last name. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Leeds Then they write to the registered keeper again for more details. I received this notice in the post today 15/06/2021! Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. V5C to wrong address, now notice of intended prosecution An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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 . the speeding ticket. Most police forces send a reminder when they dont get a reply to the first notice. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Usually the identity of the driver comes out of the process and they are dealt with. Conviction for failing to provide driver details. If you were speeding take the hit and stop moaning. This is my big list of case law relating to cases of driving with excess alcohol. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Notice of intended prosecution sent to wrong address. Have you got any points already? 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. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. This paragraph should be read in conjunction with 2.202 in cases of accidents. For further assistance contact us online or call us on 0330 041 5869. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Fixed Penalty Notices: all you need to know | RAC Drive Hi Rich. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. What action should you take? People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. What happens next after a Notice Of Prosecution? A defective NIP is not a defence to failing to name the driver so you must still provide that information. Notice of intended prosecution sent to wrong address - Page 1 - Speed You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. In this case, you won't have to pay the fine or accept any points on your licence. Why So Much Free Information Whats The Catch? You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. 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. 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. 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. 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? I have done this and sent the forms back. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. These cookies track visitors across websites and collect information to provide customized ads. 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. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Loss of opportunity to do a course or accept a fixed penalty. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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 would not prevent the police from sending the case to court. 2. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Notice of intended prosecution loopholes and how they can backfire That is a valid defence which is often successfully argued in court. It does not store any personal data. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Speeding charge sent to wrong address . The notice of intended prosecution (NIP) was sent to our old company address. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. DVLA give the name and address of the registered keeper to the police. Editor, Marcus Herbert. What happens if you're caught speeding? Is the speed alleged on the NIP an average over two or more points or at a single point? 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.
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