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? If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Caddick Davies can talk you through the options available to you, based on your individual case. Is this charge enforceable? Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence 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. Notice of intended prosecution loopholes and how they can backfire Huddersfield If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Cases of perverting the course of justice must be dealt with in the Crown Court. Their case is at court. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. If you were stopped by the police it may have been given verbally. However, it does act as a warning that you may be prosecuted for the alleged offence. Road Traffic - Summary Offences | The Crown Prosecution Service We are so confused, we dont know what to do. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Hi Mark Give me a call if you want some advice about this question. What Happens Next After Notice Of Prosecution? - Slater MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). 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. Again, remember to take off the day of the alleged offence. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. The driver fills in the details nominating him or herself but doesnt sign the form. London Stephen. 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. Analytical cookies are used to understand how visitors interact with the website. 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. Our team fact-checks content to ensure accuracy at the time of writing. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If you are stopped by the police, a notice of intended prosecution can be given verbally. Notice of Intended Prosecution. NIPs to the Wrong Address - David Barton | Motorist Lawyer We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. For more information, please see our The email has been rejected due a process change and says I have to return by post. What happens next after a Notice Of Prosecution? The police send out a notice to a suspected driver. 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. I may be able to dissuade the police from taking the matter further. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. That person may not be insured. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. This is my big list of case law relating to cases of driving with excess alcohol. Trademark No: UK00003340161. The police send a document to the registered keeper of the vehicle. These cookies ensure basic functionalities and security features of the website, anonymously. What action should you take? 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 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. 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. Id like to know what is classed as evidence when a speed camera is involved. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Yes. We Can Help. Notice of intended prosecution sent to wrong address - Page 1 - Speed Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. That is not a valid defence and it cant be argued in court. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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 . Is there a requirement for warning signs to be in place in and around the location of the speed check? 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. But it isnt necessary for the police to provide them at the fixed penalty stage. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. 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. A section 172 notice will also accompany the NIP. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 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. This informs you that the police are considering prosecution for an alleged motoring offence. I received this notice in the post today 15/06/2021! The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. Note, things do change and sometimes we do miss things (were only human! So Its over 3 year now since last course will i be able to book course, i received nip last week but it states i have about 26 days to pay fine? I have 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. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. If you were speeding take the hit and stop moaning. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Notice of Intended Prosecution | Devon and Cornwall Police Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Have you got any points already? But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers 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. 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. There are circumstances where you may not have received the NIP within 14 . Leeds But a company cant get penalty points. They can refer to the reminder at court. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Fees may be payable depending on your final choice of financial product. Name Spelt Wrong On Notice Of Intended Prosecution 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. Different bands and the specifics of the incident determine the exact amount youre fined. Fixed Penalty Notices: all you need to know | RAC Drive Can I check if there are circumstances including address change that may remove that constraint? The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. The name on the NIP is spelt wrong. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. I have received an NIP for my farther who has sadly passed away. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The NIP must have been received within 14 days since the date of the alleged speeding offence. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. What should I do? The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. Thats where they get the names from. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. There might be a photograph from the speed camera showing some detail of the driver. The date on my newly updated V05 document is. How long after a speeding offence can you be charged? If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. What do I do with the NIP after it has missed the 14 days ? This notice is issued by the police soon after the alleged offence has been committed. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 2. Speeding, Notice of Intended prosecution 4 months late Evidence will be required before a driver can be prosecuted for speeding. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. This cookie is set by GDPR Cookie Consent plugin. They tell the magistrates that they did not get the notice in the post, so they could not reply. Regards Timothy Bradshaw. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. For example, the keeper nominates her husband and the driver on the photograph is a woman. Magistrates guidelines often mean that they impose more than three points. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Notice of Intended Prosecution by Pete / CC BY. 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 . Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The fact that the photograph is unclear is irrelevant. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 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. 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. 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. 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. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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? I have sent you an email about your case. The company receives the notice from the police requiring the details of the driver. When a driver has been going just over the speed limit the police offer them a speed awareness course. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. The notice of intended prosecution (NIP) was sent to our old company address. These offences are usually caught on camera. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. With a recent 3 points accepted and 3 points dropping off in Dec 2019. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Speeding offences | Northamptonshire Police The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } 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. Not completely wrong but typos on both my first and last name. However I was not in that area at the time. At MoneyNerd, we are passionate about simplifying finance. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. We Will Answer Your Motoring Offence Question Free Offer you a speed awareness course, which will result in no points being endorsed on your licence. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! You need to find out whose mistake it is. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Some say the police will have other, clearer photos, others are not so sure. Please give me a call if you would like to discuss the evidence on 0330 111 6074. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). Can I reject a speeding ticket after 14 days? | The Sun Conviction for failing to provide driver information. Speeding Fines, Tickets And Penalties Explained - Which? 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 will work with you to find the right way forward for your individual case. However, there are some exceptions. I am sure that some people do get away with 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 probably are give me a call if you would like to discuss in more detail. However, the alleged offence is stated as 06/02/2022. 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. Is the NIP validly issued and/or validly served? 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. 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. We also use third-party cookies that help us analyze and understand how you use this website. If the police have sent you a speeding fine what should you do? 0333 443 2366 Mobile friendly number. It is a different type of firm enabled by technology and by new ways of working in the justice system. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. I hope that it is obvious. Wed never recommend ignoring a notice of intended prosecution. 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