This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. You can find out more by contacting MoneyHelper. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. All advice gratefully appreciated. 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. Please give me a call if you would like to discuss the case in more detail. But a company cant get penalty points. Do you think I have a clear argument for it? If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. They then dont accept a fixed penalty or a course and take the case to court. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. I have received an NIP for my farther who has sadly passed away. 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. 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. This satisfies the Notice of Intended Prosecution rules. If so, how many? I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. There are three reasons why you might not receive a NIP within 14 days. 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. When a driver has been going just over the speed limit the police offer them a speed awareness course. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. This would not prevent the police from sending the case to court. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. If you need to discuss the details, give me a call on 03301116074. Dispute a Notice of Intended Prosecution (NIP). Usually the identity of the driver comes out of the process and they are dealt with. 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. 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. You arent the registered vehicle keeper. 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. These offences are usually caught on camera. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. They accept that they were driving and go on a course or accept a fixed penalty. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. 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. A section 172 notice will also accompany the NIP. 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. It states that only the name on the form can fill it it in? However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. First of all, youll need to respond to the section 172 request to identify the driver. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. We often link to other websites, but we can't be responsible for their content. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Im wondering how best to proceed on what next steps to take? Their case is at court. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Patterson Law Limited is a law firm authorised and regulated by the. No The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. The police send out a requirement to provide driver information. London }); 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. 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! Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. 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. Speeding fine received after 14 days what does this mean for you? If you were speeding take the hit and stop moaning. The company is happy to pay the fine knowing that the drivers licence is saved. If you think that you have a legitimate defence get some advice before you make things worse. 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. They will work with you to find the right way forward for your individual case. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. What is a Notice of Intended Prosecution? Not completely wrong but typos on both my first and last name. They were 80mph, 80mph, 81mph in 70mph zone. There are a few ways that this plot can be foiled. 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 . All of the alternatives are worse than simply accepting the original penalty. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Id like to know what is classed as evidence when a speed camera is involved. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). The NIP has to be served on the registered keeper within 14 days. Regards Rob, Hi Rob. Stephen. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Hi Rich. 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. They might be able to cross-reference the registered post receipt with the dodgy letter. The course lasts for half a day and there are no penalty points. You may have heard that if you get a speeding ticket through the post. a red light); careless driving; I received this notice in the post today 15/06/2021! 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? Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. The cookie is used to store the user consent for the cookies in the category "Analytics". The police didnt serve the NIP in time. 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. The company still gets fined for failing to provide driver details as well. The cookie is used to store the user consent for the cookies in the category "Performance". This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The keeper must identify the driver unless they are unable to. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. Home> It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Is the NIP validly issued and/or validly served? You have a legal obligation to respond to a NIP which is addressed to you. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. These cookies track visitors across websites and collect information to provide customized ads. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. 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. 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 . Sometimes the police give a link to a photograph from the speed camera online. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. If you are stopped by the police, a notice of intended prosecution can be given verbally. 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. This cookie is set by GDPR Cookie Consent plugin. Maybe you have decided to go along without a lawyer. Fines and costs are always more than 100 at court. I may be able to dissuade the police from taking the matter further. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. All information was correct at the time of publication. The police send out thousands of notices to drivers suspected of speeding and other offences every year. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. You could try Michael Lyon Solicitors in Glasgow. The Notice of Intended Prosecution comes before the actual speeding fine. 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. They go to extraordinary lengths to avoid justice. 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. The police send out a notice to a suspected driver. And they were all within the space of 15 minutes. Most police forces send a reminder when they dont get a reply to the first notice. However, it does act as a warning that you may be prosecuted for the alleged offence. 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 above all it is not worth the risk. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. 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 This is done by issuing a Notice of Intended Prosecution (NIP). What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. The date on my newly updated V05 document is. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Notice of Intended Prosecution. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. Fees may be payable depending on your final choice of financial product. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). so obviously he cant complete the NIP form so what will happen next? If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. These offences are usually caught on camera. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. If the notice didnt get delivered, then the post office often returns to sender. Ranked in the top 20 law firms by Trustpilot. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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? Hi Bryony Thanks for getting in touch. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. The police have up to six months to issue you with a speeding fine. Newsroom> Another case says that an unsigned form does not amount to a reply. 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. What action should you take? The driver fills in the details nominating him or herself but doesnt sign the form. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) DVLA give the name and address of the registered keeper to the police. Hi Michael. 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. How long after a speeding offence can you be charged? At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. That is the job of the keeper who has a legal obligation to tell the police who was driving. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. The matter will be referred to the magistrates . That is not a valid defence and it cant be argued in 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. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Notice of proposed driving disqualification. Police post rooms should keep a log of suspicious letters. 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. Stephen. 0333 443 2366 Mobile friendly number. If the recipient fails to respond, or if they were to write . 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. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. However I was not in that area at the time. The fact that the photograph is unclear is irrelevant. This one isnt so much as a scam as a mis-understanding of the law. As a result we've received it some seven weeks late. Norwich Offer you a conditional fixed penalty, which is three points and 100 fine . 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. Cookie Notice Trademark No: UK00003340161. 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. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. 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. Youll then have 28 days to accept the fine and potential penalty points. I have just received a Notice of Intended Prosecution for speeding. At MoneyNerd, we are passionate about simplifying finance. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. If the registered keeper says that they were driving, the police go on to look at the offence, they might: I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Sometimes the registered keeper nominates someone else as the driver. They will need to confirm either that they were driving or confirm the details of who was driving. 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 Notice of Intended Prosecution arrived after 14 days 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. Notice of intended prosecution loopholes and scams just dont work so dont try them. We are so confused, we dont know what to do. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. But opting out of some of these cookies may affect your browsing experience. Does this make any difference? 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. The email has been rejected due a process change and says I have to return by post. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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. However, the alleged offence is stated as 06/02/2022. 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. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. Hi Matthew There is no such thing as rejecting an NIP. A person is charged with failing to provide driver information.
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