Quite simple. 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. These records are based upon the address recorded on the registration certificate for the vehicle. This informs you that the police are considering prosecution for an alleged motoring offence. Fines and costs are always more than 100 at court. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. The police didnt serve the NIP in time. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Yes. Stephen. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. If the police have sent you a speeding fine what should you do? What do I do with the NIP after it has missed the 14 days ? If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. Liverpool Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Hull Sometimes the driver/keeper asks the police to send them a photograph. The told me exactly how to appeal and win. What should i do? You arent the registered vehicle keeper. 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. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. If you think that you have a legitimate defence get some advice before you make things worse. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. You need to find out whose mistake it is. Surely this is way too late for them to take any action. This website uses cookies to improve your experience while you navigate through the website. It is a different type of firm enabled by technology and by new ways of working in the justice system. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Some say the police will have other, clearer photos, others are not so sure. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. They advised me on how to appeal and gave me everything I needed to make an airtight defence. 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. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. But above all it is not worth the risk. 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. 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. 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. Plus, a document called a Section 172 notice. Can I just leave this to go away? You probably are give me a call if you would like to discuss in more detail. How long after a speeding offence can you be charged? The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. The defence at court is that there is no evidence of who was driving. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. What can I claim for in a personal injury case? Hi Adrian I would try to get it resolved. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. And they were all within the space of 15 minutes. Norwich 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. 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 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. Regards Timothy Bradshaw. If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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. Its easy to panic if you receive a notice of intended prosecution. The email has been rejected due a process change and says I have to return by post. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. 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. The vehicle information is correct. This one isnt so much as a scam as a mis-understanding of the law. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. Thats when MoneyNerd was born. Home> 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. Wed never recommend ignoring a notice of intended prosecution. Hi Bryony Thanks for getting in touch. What happens if I don't receive a NIP after 14 days? Trademark No: UK00003340161. 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. I received this notice in the post today 15/06/2021! However, it does act as a warning that you may be prosecuted for the alleged offence. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. When a driver has been going just over the speed limit the police offer them a speed awareness course. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Will a driving conviction appear on my criminal record? The police are under no obligation to identify the driver. However, the most important thing is to stay calm and deal with the situation at hand. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Offer you a conditional fixed penalty, which is three points and 100 fine . The defective NIP maybe a defence to the Speeder though. Is the speed alleged on the NIP an average over two or more points or at a single point? 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. the speeding ticket. 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. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. They will get six points and a fine all of their own. 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). Avoiding a ban for drink driving is not easy. Speeding fine received after 14 days what does this mean for you? The notice of intended prosecution (NIP) was sent to our old company address. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. For more information, please see our If you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. I am not saying that anyone should admit to speeding when they didnt do it. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. If youve received a notice of intended prosecution, you may be concerned about the potential implications. A notice of intended prosecution is issued by the police. The Notice of Intended Prosecution comes before the actual speeding fine. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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. 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 . In 2015 I set up Stephen Oldham Solicitors. Formal Notice of Intended Prosecution The keeper must identify the driver unless they are unable to. A defective NIP is not a defence to failing to name the driver so you must still provide that information. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! 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. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. What should I do? In many circumstances council fines are not enforceable. This cookie is set by GDPR Cookie Consent plugin. That is not a valid defence and it cant be argued in court. Rob Says: It depends! Do you think I have a clear argument for it? 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 thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. The cookie is used to store the user consent for the cookies in the category "Other. If that hasnt happened the prosecutor will want to know why. 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 so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Why you might not receive a NIP within 14 days. This satisfies the Notice of Intended Prosecution rules. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 0333 443 2366 Mobile friendly number. This is quite a complicated area of law. 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. Nottingham 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? If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. They can refer to the reminder at court. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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) informs the registered keeper that the police want to prosecute the driver for an offence. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 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. 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. The police send out a notice to a suspected driver. The date on my newly updated V05 document is. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. What can we do please? A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. The police frequently get details of drivers from the national insurance database. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. 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. That is a valid defence which is often successfully argued in court. 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. You can find out more by contacting MoneyHelper. Evidence will be required before a driver can be prosecuted for speeding. If you are stopped by the police, a notice of intended prosecution can be given verbally. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. The company is happy to pay the fine knowing that the drivers licence is saved. 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. In this case, you won't have to pay the fine or accept any points on your licence. Cookie Notice We also use third-party cookies that help us analyze and understand how you use this website. It is only there to identify the registration of the vehicle, not the driver. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. Ranked in the top 20 law firms by Trustpilot. That is the job of the keeper who has a legal obligation to tell the police who was driving. With a recent 3 points accepted and 3 points dropping off in Dec 2019. This will almost certainly be after you'd moved. 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. 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. Based in England. 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. 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. Stephen. You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. ICO No: ZB338550. 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 need to discuss the details, give me a call on 03301116074. We are so confused, we dont know what to do. Stephen, Hi Stephen I have received an NIP. These cookies will be stored in your browser only with your consent. Speeding charge sent to wrong address . Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. You also have the option to opt-out of these cookies. 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. 18:28, 18:38, 18:43 time wise. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. However, there are some exceptions. I.e. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. But it isnt necessary for the police to provide them at the fixed penalty stage. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. The police send out a requirement to provide driver information. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Notice Of Intended Prosecution: What Next? The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. You may have heard that if you get a speeding ticket through the post. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Their evidence will be tested at trial. Sorry to hear about what has happened. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. For many people going to court and asking for the shortest ban possible might be the best idea. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. When you receive a notice, it does not mean the prosecution will necessarily happen. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The matter will be referred to the magistrates . Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. The Notice of Intended Prosecution comes before the actual speeding fine. The question of a conviction appearing on your criminal record is complicated. 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. This will indicate when DVLA actually updated their records. This cookie is set by GDPR Cookie Consent plugin. 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. But opting out of some of these cookies may affect your browsing experience. Conviction for failing to provide driver information. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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.

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