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. Patterson Law Limited is a law firm authorised and regulated by the. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Required fields are marked *. 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. When the keeper gets the notice from the police they reply saying that someone else was driving. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. 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. 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. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. In extreme cases conviction for perverting the course of justice. The keeper must identify the driver unless they are unable to. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers Hi John Thanks for getting in touch. I was informed that I should notify them to change it so I can register. 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. The police send a document to the registered keeper of the vehicle. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. If you are stopped by the police, a notice of intended prosecution can be given verbally. The notice has to be sent to the registered address on the V5 within 14 days. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. The photograph is a red herring. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. 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. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Plus, a document called a Section 172 notice. If that hasnt happened the prosecutor will want to know why. 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. Can I just leave this to go away? When you receive a notice, it does not mean the prosecution will necessarily happen. IS IT WORTH FIGHTING ON THESE GROUNDS? As a result we've received it some seven weeks late. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Why So Much Free Information Whats The Catch? 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. 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. 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. 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. Notice of Intended Prosecution | Devon and Cornwall Police But, this isnt true for all cases. 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. This is quite a complicated area of law. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 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 . Notice of intended prosecution loopholes and scams just dont work so dont try them. Have you got any points already? 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. Knowing your rights could help you avoid paying a speeding fine. Not to be confused with genuine cases where someone did not receive the notice in the post. 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. 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. This will almost certainly be after you'd moved. These offences are usually caught on camera. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). The notice may be received several months after the alleged offence took place and still be prosecuted. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Is there a defence for this? The date of the offence was 24/12/2020, and the notice dated 30/12/2020. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Then they write to the registered keeper again for more details. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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 problem is,. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Usually the identity of the driver comes out of the process and they are dealt with. NIP will be sent out to the details held on PNC at the time the search was made. But above all it is not worth the risk. 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. Most speeding cases end up with a fixed penalty for three points and 100. What should I do? With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Stephen. The criminal record is not the only thing that you might need to think about. I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. Id like to know what is classed as evidence when a speed camera is involved. 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. Slater and Gordon 2023. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Some say the police will have other, clearer photos, others are not so sure. Maybe you have decided to go along without a lawyer. You wont have to pay the fine and you wont have to accept penalty points on your license. Conviction for perverting the course of justice. If the recipient fails to respond, or if they were to write . The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. 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. First of all, youll need to respond to the section 172 request to identify the driver. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. This informs you that the police are considering prosecution for an alleged motoring offence. They have to go to court and lie on oath. 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. We Will Answer Your Motoring Offence Question Free 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. These cookies ensure basic functionalities and security features of the website, anonymously. You need to find out whose mistake it is. Sometimes the driver/keeper asks the police to send them a photograph. What can we do please? I have sent you an email about your case. Avoiding a ban for drink driving is not easy. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Will a driving conviction appear on my criminal record? 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. Formal Notice of Intended Prosecution Regards Matthew. Why you might not receive a NIP within 14 days. 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. I hope that this information helps. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. I received this notice in the post today 15/06/2021! When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 2. Speeding offences | Northamptonshire Police Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The date on my newly updated V05 document is. ), so its important that you read the terms of any products that youre considering before you apply. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. 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 have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. In 2015 I set up Stephen Oldham Solicitors. The defective NIP maybe a defence to the Speeder though. 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.e. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law They were 80mph, 80mph, 81mph in 70mph zone. It is a different type of firm enabled by technology and by new ways of working in the justice system. Leeds 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. But lying during the process will be a disaster. 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. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. 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. Offer you a conditional fixed penalty, which is three points and 100 fine . UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. I have now received a follow up letter which says a copy of the charge was sent within . If you were speeding take the hit and stop moaning. The 14-Day Rule for Notices of Intended Prosecution - Loophole or Please give me a call if you would like to discuss the case in more detail. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Hi Mark Give me a call if you want some advice about this question. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Notice Of Intended Prosecution: What Next? Cardiff But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. The vehicle information is correct. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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 the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Chelmsford 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. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Newcastle I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? The driver ends up with a fixed penalty for three points or a court case instead. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. 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 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. 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. I also note that the prosecution should start within 6 months. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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. and our 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. 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. 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! 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. We often link to other websites, but we can't be responsible for their content. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Sometimes the police give a link to a photograph from the speed camera online. Hi Rich. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. 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. Conviction for failing to identify the driver. I hope that it is obvious. 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. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The Notice of Intended Prosecution arrived after 14 days This cookie is set by GDPR Cookie Consent plugin. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. However, it does act as a warning that you may be prosecuted for the alleged offence. MoneyNerd is not associated with MoneyHelper, we just think theyre great. The police send out a notice to a suspected driver. This cookie is set by GDPR Cookie Consent plugin. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). 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. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts.
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