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If you are not the registered keeper there is no time limit. Their case is at court. London Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Im wondering how best to proceed on what next steps to take? Police post rooms should keep a log of suspicious letters. 0333 443 2366 Mobile friendly number. Notice of intended prosecution loopholes and how they can backfire Hi Michael. However, there are some exceptions. The police frequently get details of drivers from the national insurance database. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. The police send out a requirement to provide driver information. If that hasnt happened the prosecutor will want to know why. What happens if you're caught speeding? and our When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. The cookie is used to store the user consent for the cookies in the category "Other. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Is there a requirement for warning signs to be in place in and around the location of the speed check? 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). This informs you that the police are considering prosecution for an alleged motoring offence. 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. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. We Will Answer Your Motoring Offence Question Free Conviction for failing to identify the driver. 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. You need to find out whose mistake it is. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). 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. Hi John Thanks for getting in touch. There might be a photograph from the speed camera showing some detail of the driver. Rob Says: It depends! The vehicle information is correct. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Ranked in the top 20 law firms by Trustpilot. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. 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. All information was correct at the time of publication. so obviously he cant complete the NIP form so what will happen next? 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. It states that only the name on the form can fill it it in? 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. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. You can find out more by contacting MoneyHelper. The police usually send a reminder when they dont get a response the first notice. The cookie is used to store the user consent for the cookies in the category "Performance". I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. What action should you take? This will almost certainly be after you'd moved. 03301116074. I have just received a Notice of Intended Prosecution for speeding. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. The cookie is used to store the user consent for the cookies in the category "Analytics". Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. This is to notify them how much they have been fined and if penalty points will be added to their license. What can I claim for in a personal injury case? They will work with you to find the right way forward for your individual case. 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. The photograph is a red herring. 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 am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Stephen. Why So Much Free Information Whats The Catch? 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. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. Hi Mark Give me a call if you want some advice about this question. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Notice of Intended Prosecution. I hope that it is obvious. If so, how many? 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Regards Rob, Hi Rob. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Hull 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. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. V5C to wrong address, now notice of intended prosecution I received this notice in the post today 15/06/2021! 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 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. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. This cookie is set by GDPR Cookie Consent plugin. This will indicate when DVLA actually updated their records. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. A defective NIP is not a defence to failing to name the driver so you must still provide that information. 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. 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. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. The name on the NIP is spelt wrong. Privacy Policy. 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? Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. NIP sent to wrong address - can I appeal? - Honest John Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. In some circumstances, you might have a legitimate reason not to pay a fine. 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. The course lasts for half a day and there are no penalty points. Sometimes the registered keeper nominates someone else as the driver. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. Notice Of Intended Prosecution: What Next? 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. Formal Notice of Intended Prosecution You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers Its easy to panic if you receive a notice of intended prosecution. Your email address will not be published. This notice is issued by the police soon after the alleged offence has been committed. Will a driving conviction appear on my criminal record? Newcastle I.e. Hi Rich. The police send a document to the registered keeper of the vehicle. The defence at court is that there is no evidence of who was driving. 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. The told me exactly how to appeal and win. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Firstly I currently have 6 points on my licence. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. 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. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. This is quite a complicated area of law. But a company cant get penalty points. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Magistrates guidelines often mean that they impose more than three points. 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. 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. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Regards Matthew. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. The police didnt serve the NIP in time. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Membership and partnership organisations home. 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. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. If the DVLA record has a current address at the issue date of the V5C, I reckon a. An unsigned document is not valid evidence. Make sure that you get proof of postage and keep a copy of your response. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Is there a defence for this? What is a 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Speeding | Merseyside Police 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. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. Sometimes the police give a link to a photograph from the speed camera online. 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. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. What can we do please? Notice of Intended Prosecution (NIP) - Motor Lawyers Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Necessary cookies are absolutely essential for the website to function properly. In extreme cases conviction for perverting the course of justice. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. 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. 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. We also use third-party cookies that help us analyze and understand how you use this website. The email has been rejected due a process change and says I have to return by post. At MoneyNerd, we are passionate about simplifying finance. For further assistance contact us online or call us on 0330 041 5869. 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 the police have sent you a speeding fine what should you do? Bradford They can accept this or allow the matter to go to court where the fine can become bigger. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Analytical cookies are used to understand how visitors interact with the website. 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. Different bands and the specifics of the incident determine the exact amount youre fined. When you receive a notice, it does not mean the prosecution will necessarily happen. But, this isnt true for all cases. Some say the police will have other, clearer photos, others are not so sure. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Notice of proposed driving disqualification. However I was not in that area at the time. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Thats where they get the names from. Norwich Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. To see how we use, store and share your contact information you can read our privacy policy. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. The matter will be referred to the magistrates . I have received a NIP in the post regarding speeding and theyve got my name wrong. If you are stopped by the police, a notice of intended prosecution can be given verbally. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Not to be confused with genuine cases where someone did not receive the notice in the post. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg.