I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. The police usually send a reminder when they dont get a response the first notice. 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. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at 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. The notice has to be sent to the registered address on the V5 within 14 days. Notice of Intended Prosecution | Devon and Cornwall Police It can be pretty difficult to persuade magistrates that two notices went missing. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) I am not saying that anyone should admit to speeding when they didnt do it. They can prosecute the registered keeper or anyone else who they sent a notice to. However, there are some exceptions. When should a Fixed Penalty Notice be received? 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. The notice may be received several months after the alleged offence took place and still be prosecuted. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. This satisfies the Notice of Intended Prosecution rules. We often link to other websites, but we can't be responsible for their content. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. You need to find out whose mistake it is. V5C to wrong address, now notice of intended prosecution A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Im wondering how best to proceed on what next steps to take? Trademark No: UK00003340161. In many circumstances council fines are not enforceable. NIP sent to wrong address - can I appeal? - Honest John Speeding penalties - GOV.UK But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). MoneyNerd is not associated with MoneyHelper, we just think theyre great. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Saying to the police or the magistrates court: All these have been tried, tested and failed. 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 the notice didnt get delivered, then the post office often returns to sender. 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. Carlisle 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. Sometimes the registered keeper nominates someone else as the driver. Most police forces send a reminder when they dont get a reply to the first notice. This is quite a complicated area of law. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. They will get six points and a fine all of their own. Hi Adrian I would try to get it resolved. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. They tell the magistrates that they did not get the notice in the post, so they could not reply. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. 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 consequences are often costlier and more serious than a speed awareness course or three penalty points. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. You can find out more by contacting MoneyHelper. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. The matter will be referred to the magistrates . Hope this helps. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Their case is at court. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Different bands and the specifics of the incident determine the exact amount youre fined. 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. I have just received a Notice of Intended Prosecution for speeding. It does not store any personal data. They then dont accept a fixed penalty or a course and take the case to court. Our team fact-checks content to ensure accuracy at the time of writing. 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 have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers a red light); careless driving; Speeding ticket sent to wrong address after 14days | Legal matters What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. I hope that this information helps. If that hasnt happened the prosecutor will want to know why. There are a few ways that this plot can be foiled. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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. What happens if you're caught speeding? 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. 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. They dont receive a reply due to the fact that they dont exist. It is only there to identify the registration of the vehicle, not the driver. Offer you a conditional fixed penalty, which is three points and 100 fine . I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Such a warning is normally known as a "notice of intended prosecution", or NIP. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. 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. 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. These offences are usually caught on camera. Fines and costs are always more than 100 at court. Why So Much Free Information Whats The Catch? Cases of perverting the course of justice must be dealt with in the Crown Court. However, it does act as a warning that you may be prosecuted for the alleged offence. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. We Will Answer Your Motoring Offence Question Free 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. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. They were 80mph, 80mph, 81mph in 70mph zone. 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? Conviction for failing to provide driver information. 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. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. Is the NIP validly issued and/or validly served? 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. What action should you take? Notice of Intended Prosecution (NIP) - Motor Lawyers The course lasts for half a day and there are no penalty points. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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. Speeding | Merseyside Police Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. When the keeper gets the notice from the police they reply saying that someone else was driving. How do I challenge this charge. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. These cookies track visitors across websites and collect information to provide customized ads. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. The defective NIP maybe a defence to the Speeder though. If the recipient fails to respond, or if they were to write . We also use third-party cookies that help us analyze and understand how you use this website. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } This cookie is set by GDPR Cookie Consent plugin. The company simply ignores the notice. We are so confused, we dont know what to do. Notice of intended prosecution sent to wrong address. The notice of intended prosecution (NIP) was sent to our old company address. The Notice of Intended Prosecution comes before the actual speeding fine. 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. 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. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. NIPs to the Wrong Address - David Barton | Motorist Lawyer NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law If you have any information about who was driving your vehicle, wed always advise that you provide as much information as possible to the police, such as the names and addresses of potential drivers. 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 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. 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. For more information, please see our This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. I WAS DOING 30 MPH IN A 30 LIMIT. 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. Conviction for perverting the course of justice. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Your email address will not be published. Loss of opportunity to do a course or accept a fixed penalty. 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! There might be a photograph from the speed camera showing some detail of the driver. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. 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? They will need to confirm either that they were driving or confirm the details of who was driving. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. 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. But lying during the process will be a disaster. 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. Plus, a document called a Section 172 notice. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. The defence at court is that there is no evidence of who was driving. The company is happy to pay the fine knowing that the drivers licence is saved. And they were all within the space of 15 minutes. Hi Rich. But opting out of some of these cookies may affect your browsing experience. Based in England. You may have heard that if you get a speeding ticket through 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Its easy to panic if you receive a notice of intended prosecution. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. The police send out a notice to a suspected driver. 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. These cookies will be stored in your browser only with your consent. 3. The magistrates might decide that there is enough evidence anyway. You could try Michael Lyon Solicitors in Glasgow. You have a legal obligation to respond to a NIP which is addressed to you. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. This is to notify them how much they have been fined and if penalty points will be added to their license. These cookies ensure basic functionalities and security features of the website, anonymously. This paragraph should be read in conjunction with 2.202 in cases of accidents. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 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. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. It states that only the name on the form can fill it it in? 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? Hi John Thanks for getting in touch. They fill in the notice with the false details. Hi Jon I would normally expect an entry and an exit image. ), so its important that you read the terms of any products that youre considering before you apply. Hull If you were stopped by the police it may have been given verbally. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Your email address will not be published. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The police dont have to offer a fixed penalty. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. I am now in the 28 days reply period. There are three reasons why you might not receive a NIP within 14 days. 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. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. However I was not in that area at the time. That person may not be insured. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Can I reject a speeding ticket after 14 days? | The Irish Sun If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. the speeding ticket. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. What happens next after a Notice Of Prosecution? Quite simple. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. In the case of more serious offences, the case may be referred to the courts. 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. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. Road Traffic - Summary Offences | The Crown Prosecution Service 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? Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . 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. ICO No: ZB338550. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. I also note that the prosecution should start within 6 months. Usually the identity of the driver comes out of the process and they are dealt with. By clicking Accept, you consent to the use of ALL the cookies. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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? The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court.

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