A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. We also use third-party cookies that help us analyze and understand how you use this website. That person may not be insured. These offences are usually caught on camera. 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. Ranked in the top 20 law firms by Trustpilot. And they were all within the space of 15 minutes. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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! 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 . 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. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. 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. Hull Another case says that an unsigned form does not amount to a reply. They can refer to the reminder at court. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. If the notice didnt get delivered, then the post office often returns to sender. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. 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. I hope that it is obvious. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. With a recent 3 points accepted and 3 points dropping off in Dec 2019. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. 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. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. This cookie is set by GDPR Cookie Consent plugin. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Do you think I have a clear argument for it? Speeding fine received after 14 days what does this mean for you? Why you might not receive a NIP within 14 days. Is this charge enforceable? Our team fact-checks content to ensure accuracy at the time of writing. 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 do I do with the NIP after it has missed the 14 days ? If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. Their case is at court. First of all, youll need to respond to the section 172 request to identify the driver. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Is there a requirement for warning signs to be in place in and around the location of the speed check? These cookies will be stored in your browser only with your consent. The Notice of Intended Prosecution comes before the actual speeding fine. 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. This would not prevent the police from sending the case to court. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Stephen. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. 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. These records are based upon the address recorded on the registration certificate for the vehicle. 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? 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. Necessary cookies are absolutely essential for the website to function properly. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. Speeding charge sent to wrong address . Written confirmation is being sent to you in order to confirm that no further action will be taken. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. If that hasnt happened the prosecutor will want to know why. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Is there a defence for this? The defective NIP maybe a defence to the Speeder though. Maybe you have decided to go along without a lawyer. A person is charged with failing to provide driver information. Your email address will not be published. However I was not in that area at the time. 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. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. The police send out thousands of notices to drivers suspected of speeding and other offences every year. What can I claim for in a personal injury case? 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. 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. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. If 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. 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? 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. Youll then have 28 days to accept the fine and potential penalty points. Please enable Javascript to view this webpage. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. In many circumstances council fines are not enforceable. 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. Caddick Davies can talk you through the options available to you, based on your individual case. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Can I check if there are circumstances including address change that may remove that constraint? They will get six points and a fine all of their own. 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. The photograph is a red herring. Certain types of finance are not regulated, such as bridging loans. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. The company receives the notice from the police requiring the details of the driver. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . Saying to the police or the magistrates court: All these have been tried, tested and failed. All rights reserved. When you receive a notice, it does not mean the prosecution will necessarily happen. Newcastle This is quite a complicated area of law. You may have heard that if you get a speeding ticket through the post. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The prosecutor could also put a charge of failing to provide driver details. It can be pretty difficult to persuade magistrates that two notices went missing. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. However, there are a few situations in which you may not receive a NIP through the post within 14 days. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. There might be a photograph from the speed camera showing some detail of the driver. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. What happens if you're caught speeding? Come back to me if you would like my help with this matter. In this case, you won't have to pay the fine or accept any points on your licence. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. Evidence will be required before a driver can be prosecuted for speeding. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Hi Paul. 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. Again, remember to take off the day of the alleged offence. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. These cookies ensure basic functionalities and security features of the website, anonymously. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Is the NIP validly issued and/or validly served? 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. What action should you take? The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. If you are not the registered keeper there is no time limit. Most speeding cases end up with a fixed penalty for three points and 100. You need to find out whose mistake it is. They were 80mph, 80mph, 81mph in 70mph zone. Home> The cookie is used to store the user consent for the cookies in the category "Performance". I have sent you an email about your case. Hope this helps. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. Magistrates guidelines often mean that they impose more than three points. You also have the option to opt-out of these cookies. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. We are so confused, we dont know what to do. The police usually send a reminder when they dont get a response the first notice. Not completely wrong but typos on both my first and last name. Sometimes this is called giving your points to someone else. The keeper must identify the driver unless they are unable to. There are three reasons why you might not receive a NIP within 14 days. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 3. the speeding ticket. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Huddersfield A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. Formal Notice of Intended Prosecution They tell the magistrates that they did not get the notice in the post, so they could not reply. 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). The notice may be received several months after the alleged offence took place and still be prosecuted. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. 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. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. All advice gratefully appreciated. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Receiving a notice of intended prosecution might send you into a panic. But opting out of some of these cookies may affect your browsing experience. 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. 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. They then dont accept a fixed penalty or a course and take the case to court. 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 wont have to pay the fine and you wont have to accept penalty points on your license. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. But, this isnt true for all cases. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. This is my big list of case law relating to cases of driving with excess alcohol. 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. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. If you want to discuss the case, please give me a call on 07984 436464. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Hi Rich. Knowing your rights could help you avoid paying a speeding fine. 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). Privacy Policy. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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 police will write to the false person who is overseas. Conviction for failing to provide driver information. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. This is done by issuing a Notice of Intended Prosecution (NIP). I.e. The police frequently get details of drivers from the national insurance database. ), so its important that you read the terms of any products that youre considering before you apply. Make sure that you get proof of postage and keep a copy of your response. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Some say the police will have other, clearer photos, others are not so sure. 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?
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