The cookie is used to store the user consent for the cookies in the category "Other. 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. 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. I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Magistrates guidelines often mean that they impose more than three points. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. But lying during the process will be a disaster. Do you think I have a clear argument for it? Trading address: The Grange, Grange Road, Malvern, WR14 3HA. This would not prevent the police from sending the case to court. Sometimes the police give a link to a photograph from the speed camera online. That is the job of the keeper who has a legal obligation to tell the police who was driving. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. 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. About Us Seeherefor details about our law firm. We often link to other websites, but we can't be responsible for their content. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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. Stephen. Hi Mark Give me a call if you want some advice about this question. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. The driver ends up with a fixed penalty for three points or a court case instead. ), You received a verbal warning instead and wont receive a NIP. Stephen. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. We do this from the outset of your case and throughout its duration. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. This is to notify them how much they have been fined and if penalty points will be added to their license. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Is this charge enforceable? The Notice of Intended Prosecution comes before the actual speeding fine. When you receive a notice, it does not mean the prosecution will necessarily happen. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. With a recent 3 points accepted and 3 points dropping off in Dec 2019. The police send out a notice to a suspected driver. 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. 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. Offer you a conditional fixed penalty, which is three points and 100 fine . 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. The name on the NIP is spelt wrong. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? Evidence will be required before a driver can be prosecuted for speeding. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The notice has to be sent to the registered address on the V5 within 14 days. Usually the identity of the driver comes out of the process and they are dealt with. They will work with you to find the right way forward for your individual case. Notice of Intended Prosecution by Pete / CC BY. It can be pretty difficult to persuade magistrates that two notices went missing. Analytical cookies are used to understand how visitors interact with the website. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! The police are under no obligation to identify the driver. Cases of perverting the course of justice must be dealt with in the Crown Court. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. 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. This website uses cookies to improve your experience while you navigate through the website. MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Have you got any points already? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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 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. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. These cookies track visitors across websites and collect information to provide customized ads. That is a valid defence which is often successfully argued in court. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! Your email address will not be published. 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. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. 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. Privacy Policy. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. That is not a valid defence and it cant be argued in court. 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. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. For example, the keeper nominates her husband and the driver on the photograph is a woman. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. 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. 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. Huddersfield Regards Rob, Hi Rob. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? 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. The defence at court is that there is no evidence of who was driving. I hope that this information helps. Can I just leave this to go away? Leeds However, it does act as a warning that you may be prosecuted for the alleged offence. We also use third-party cookies that help us analyze and understand how you use this website. Please give me a call if you would like to discuss the case in more detail. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. If you think that you have a legitimate defence get some advice before you make things worse. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. 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. 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. Hi John Thanks for getting in touch. Cardiff Thanks! Can I check if there are circumstances including address change that may remove that constraint? 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. 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. 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. It states that only the name on the form can fill it it in? I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. If you were stopped by the police it may have been given verbally. There are a few ways that this plot can be foiled. 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. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Sorry to hear about what has happened. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Slater and Gordon 2023. Again, remember to take off the day of the alleged offence. Speeding fine received after 14 days what does this mean for you? If you were speeding take the hit and stop moaning. 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. Police often keep logs of returned mail. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. The prosecutor could also put a charge of failing to provide driver details. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? What should I do? I hope that it is obvious. The email has been rejected due a process change and says I have to return by post. Ranked in the top 20 law firms by Trustpilot. This will indicate when DVLA actually updated their records. Saying to the police or the magistrates court: All these have been tried, tested and failed. The police send out a requirement to provide driver information. This will almost certainly be after you'd moved. 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. The matter will be referred to the magistrates . Based in England. What does Michael Howard have in common with Christine Hamilton? Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. 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. That person may not be insured. First of all, youll need to respond to the section 172 request to identify the driver. The company still gets fined for failing to provide driver details as well. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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). 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. They dont receive a reply due to the fact that they dont exist. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . What can we do please? The question of a conviction appearing on your criminal record is complicated. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. 18:28, 18:38, 18:43 time wise. Hi Adrian I would try to get it resolved. Fines and costs are always more than 100 at court. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. The police send a notice to the person who has been nominated. In 2015 I set up Stephen Oldham Solicitors. The police have up to six months to issue you with a speeding fine. You need to find out whose mistake it is. When should a Fixed Penalty Notice be received? The driver fills in the details nominating him or herself but doesnt sign the form. And they were all within the space of 15 minutes. The vehicle information is correct. This is done by issuing a Notice of Intended Prosecution (NIP). Formal Notice of Intended Prosecution Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Offer you a speed awareness course, which will result in no points being endorsed on your licence. This cookie is set by GDPR Cookie Consent plugin. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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? All advice gratefully appreciated. They will need to confirm either that they were driving or confirm the details of who was driving. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. You have a legal obligation to respond to a NIP which is addressed to you. Stephen. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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? 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. 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. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Stephen, Hi Stephen I have received an NIP. It does not store any personal data. ), so its important that you read the terms of any products that youre considering before you apply. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Whilst it is listed as an option, I feel within my rights to use the option. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). 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 . Most speeding cases end up with a fixed penalty for three points and 100. Some say the police will have other, clearer photos, others are not so sure. What do I do with the NIP after it has missed the 14 days ? 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. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. 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. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988.

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