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. 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. 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 want to discuss the case, please give me a call on 07984 436464. The cookies is used to store the user consent for the cookies in the category "Necessary". I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. The company receives the notice from the police requiring the details of the driver. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Cases of perverting the course of justice must be dealt with in the Crown Court. Required fields are marked *. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. For more information, please see our This paragraph should be read in conjunction with 2.202 in cases of accidents. Make sure that you get proof of postage and keep a copy of your response. If you are not the registered keeper there is no time limit. Conviction for failing to provide driver details. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. the speeding ticket. 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. document.addEventListener('wpcf7mailsent', function (event) { 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. Based in England. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. I have just received a Notice of Intended Prosecution for speeding. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. How long after a speeding offence can you be charged? Im wondering how best to proceed on what next steps to take? This is my big list of case law relating to cases of driving with excess alcohol. Magistrates guidelines often mean that they impose more than three points. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The notice may be received several months after the alleged offence took place and still be prosecuted. Stephen. Speeding ticket sent to wrong address after 14days | Legal matters Notice of Intended Prosecution (NIP) - Road Traffic Such a warning is normally known as a "notice of intended prosecution", or NIP. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. 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. Why you might not receive a NIP within 14 days. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 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. and our th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Not only is it wrong to break the law it could land you with a prison sentence. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. When you receive a notice, it does not mean the prosecution will necessarily happen. The police dont have to offer a fixed penalty. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Patterson Law Limited is a law firm authorised and regulated by the. 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. This will indicate when DVLA actually updated their records. 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. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. We are so confused, we dont know what to do. Notice of proposed driving disqualification. Do you think I have a valid case to void my impending alleged conviction. Stephen. 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. Surely this is way too late for them to take any action. 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. Again, remember to take off the day of the alleged offence. Speeding | Merseyside Police On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. NIPs to the Wrong Address - David Barton | Motorist Lawyer 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. I have sent you an email about your case. This cookie is set by GDPR Cookie Consent plugin. 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 thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. They will work with you to find the right way forward for your individual case. 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. 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. Notice of intended prosecution sent to wrong address - Page 1 - Speed Is it something I should flag to the Met or just reply with the assumption its for me anyway? There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Leeds Fees may be payable depending on your final choice of financial product. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. It depends! What does Michael Howard have in common with Christine Hamilton? You need to find out whose mistake it is. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. 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. 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? Notice of Intended Prosecution | Devon and Cornwall Police The notice has to be sent to the registered address on the V5 within 14 days. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Reddit and its partners use cookies and similar technologies to provide you with a better experience. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If you need to discuss the details, give me a call on 03301116074. 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. 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. Not to be confused with genuine cases where someone did not receive the notice in the post. 18:28, 18:38, 18:43 time wise. Hi Michael. 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 ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. This is quite a complicated area of law. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. This satisfies the Notice of Intended Prosecution rules. People dont want points on their driving licence, fines or even driving bans. 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. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. All rights reserved. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Id like to know what is classed as evidence when a speed camera is involved. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. 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. This website uses cookies to improve your experience while you navigate through the website. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Editor, Marcus Herbert. ), so its important that you read the terms of any products that youre considering before you apply. But a company cant get penalty points. 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. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. 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. Have you got any points already? Lets look at what happens with a speeding case: When a speed camera or a police officer with a speed detection device sees a vehicle speeding they record the registration number. 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. This would not prevent the police from sending the case to court. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. The police send out a notice to a suspected driver. The cookie is used to store the user consent for the cookies in the category "Analytics". 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). Newsroom> Please enable Javascript to view this webpage. Norwich The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Speeding offences | Northamptonshire Police Stephen. You wont have to pay the fine and you wont have to accept penalty points on your license. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. If you were speeding take the hit and stop moaning. How to Properly Deal with a Notice of Intended Prosecution Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Saying to the police or the magistrates court: All these have been tried, tested and failed. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Avoiding a ban for drink driving is not easy. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. 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. Thats where they get the names from. 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. 2. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence The magistrates might decide that there is enough evidence anyway. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Notice of Intended Prosecution. What should I do? They can prosecute the registered keeper or anyone else who they sent a notice to. You also have the option to opt-out of these cookies. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. It is only there to identify the registration of the vehicle, not the driver. An unsigned document is not valid evidence. The name on the NIP is spelt wrong. Speeding penalties - GOV.UK If you think that you have a legitimate defence get some advice before you make things worse. Hi Paul. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. The notice of intended prosecution (NIP) was sent to our old company address. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. As a result we've received it some seven weeks late. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). You may have heard that if you get a speeding ticket through the post. 3. Then they write to the registered keeper again for more details. The police didnt serve the NIP in time. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Is the NIP validly issued and/or validly served? Regards Timothy Bradshaw. By clicking Accept, you consent to the use of ALL the cookies. They tell the magistrates that they did not get the notice in the post, so they could not reply. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 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.
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