Please enable Javascript to view this webpage. 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. I.e. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. Nottingham Different bands and the specifics of the incident determine the exact amount youre fined. 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. In 2015 I set up Stephen Oldham Solicitors. How do I challenge this charge. What action should you take? A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. But it isnt necessary for the police to provide them at the fixed penalty stage. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . 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. What should i do? The driver fills in the details nominating him or herself but doesnt sign the form. Stephen. They might be able to cross-reference the registered post receipt with the dodgy letter. The Notice of Intended Prosecution arrived after 14 days Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. If you need to discuss the details, give me a call on 03301116074. 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. These offences are usually caught on camera. I hope that it is obvious. They will need to confirm either that they were driving or confirm the details of who was driving. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Is the speed alleged on the NIP an average over two or more points or at a single point? 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. 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. Fees may be payable depending on your final choice of financial product. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. 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. Thanks, Hi Scott. Hi Jon I would normally expect an entry and an exit image. 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. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com It does not store any personal data. You also have the option to opt-out of these cookies. Fixed Penalty Notices: all you need to know | RAC Drive MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. Cookie Notice The police send out a requirement to provide driver information. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. The police will write to the false person who is overseas. Wed never recommend ignoring a notice of intended prosecution. 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 fact that the photograph is unclear is irrelevant. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. Slater and Gordon 2023. Is there a requirement for warning signs to be in place in and around the location of the speed check? The police send out thousands of notices to drivers suspected of speeding and other offences every year. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Your email address will not be published. When should a Fixed Penalty Notice be received? The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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. Privacy Policy. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The criminal record is not the only thing that you might need to think about. 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. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. I 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. Sometimes this is called giving your points to someone else. The date on my newly updated V05 document is. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. And they were all within the space of 15 minutes. 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 case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Speeding penalties - GOV.UK The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Carlisle Liverpool Conviction for failing to identify the driver. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. First of all, youll need to respond to the section 172 request to identify the driver. 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. 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). A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. MoneyNerd is not associated with MoneyHelper, we just think theyre great. I may be able to dissuade the police from taking the matter further. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Come back to me if you would like my help with this matter. That is the job of the keeper who has a legal obligation to tell the police who was driving. To see how we use, store and share your contact information you can read our privacy policy. All of the alternatives are worse than simply accepting the original penalty. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. This is done by issuing a Notice of Intended Prosecution (NIP). What should I do? When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The registered keeper was driving when they set off a speed camera. The research, conducted by Direct Line Car Insurance, also found that police recorded 1.25 million speeding incidents over a three year period, from 2015-2017. They go to extraordinary lengths to avoid justice. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. This website uses cookies to improve your experience while you navigate through the website. I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Im wondering how best to proceed on what next steps to take? 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. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence The cookies is used to store the user consent for the cookies in the category "Necessary". The police frequently get details of drivers from the national insurance database. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. They can prosecute the registered keeper or anyone else who they sent a notice to. But, this isnt true for all cases. The company simply ignores the notice. These records are based upon the address recorded on the registration certificate for the vehicle. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Road Traffic - Summary Offences | The Crown Prosecution Service A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Analytical cookies are used to understand how visitors interact with the website. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. Notice Of Intended Prosecution: What Next? | Caddick Davies 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. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. That person may not be insured. Sometimes the driver/keeper asks the police to send them a photograph. I am sure that some people do get away with notice of intended prosecution loopholes and scams. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. This satisfies the Notice of Intended Prosecution rules. The keeper must identify the driver unless they are unable to. In the case of more serious offences, the case may be referred to the courts. 03301116074. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. This cookie is set by GDPR Cookie Consent plugin. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? The keeper then has to prove at court that there was insurance cover in place for the nominated driver. I have done this and sent the forms back. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. 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. Can I reject a speeding ticket after 14 days? | The Irish Sun An unsigned document is not valid evidence. Patterson Law Limited is a law firm authorised and regulated by the. Based in England. Yes. 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 WAS DOING 30 MPH IN A 30 LIMIT. Click Answer. You could try Michael Lyon Solicitors in Glasgow. What do I do with the NIP after it has missed the 14 days ? 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. 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. Hi Adrian I would try to get it resolved. Its easy to panic if you receive a notice of intended prosecution. ), You received a verbal warning instead and wont receive a NIP. 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. What does Michael Howard have in common with Christine Hamilton? As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. 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. Most speeding cases end up with a fixed penalty for three points and 100. Our team fact-checks content to ensure accuracy at the time of writing. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. 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. For further assistance contact us online or call us on 0330 041 5869. Certain types of finance are not regulated, such as bridging loans. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers 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. ICO No: ZB338550. If you were speeding take the hit and stop moaning. Speeding offences | Northamptonshire Police Trademark No: UK00003340161. The NIP must have been received within 14 days since the date of the alleged speeding offence. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Sometimes the police give a link to a photograph from the speed camera online. ), so its important that you read the terms of any products that youre considering before you apply. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Again, remember to take off the day of the alleged offence. You wont have to pay the fine and you wont have to accept penalty points on your license. Notice of Intended Prosecution (NIP) - Road Traffic They advised me on how to appeal and gave me everything I needed to make an airtight defence. If that hasnt happened the prosecutor will want to know why. It is a different type of firm enabled by technology and by new ways of working in the justice system. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. The NIP has to be served on the registered keeper within 14 days. You may have heard that if you get a speeding ticket through the post. Stephen. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. This is to notify them how much they have been fined and if penalty points will be added to their license. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. All information was correct at the time of publication. We do this from the outset of your case and throughout its duration. The told me exactly how to appeal and win. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. They have to go to court and lie on oath. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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? Why you might not receive a NIP within 14 days. 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. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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 A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Speeding Fines, Tickets And Penalties Explained - Which? If so, how many? 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. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. We are so confused, we dont know what to do. 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. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. Notice of Intended Prosecution (NIP) - Motor Lawyers The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. This notice is issued by the police soon after the alleged offence has been committed. 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? Speeding charge sent to wrong address : r/LegalAdviceUK Is this charge enforceable? Stephen. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. Avoiding a ban for drink driving is not easy. It states that only the name on the form can fill it it in? I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). There are a few ways that this plot can be foiled. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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). Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Whilst it is listed as an option, I feel within my rights to use the option. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. With a recent 3 points accepted and 3 points dropping off in Dec 2019. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. You arent the registered vehicle keeper. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Notice of intended prosecution loopholes and how they can backfire 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.