They go to extraordinary lengths to avoid justice. That is the job of the keeper who has a legal obligation to tell the police who was driving. 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. What action should you take? At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. When you receive a notice, it does not mean the prosecution will necessarily happen. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. 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 . All advice gratefully appreciated. Another case says that an unsigned form does not amount to a reply. The registered keeper was driving when they set off a speed camera. What happens if I don't receive a NIP after 14 days? In some circumstances, you might have a legitimate reason not to pay a fine. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Is this charge enforceable? Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. They have to go to court and lie on oath. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Then they write to the registered keeper again for more details. The police usually send a reminder when they dont get a response the first notice. These offences are usually caught on camera. 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. Do you think I have a clear argument for it? Thats when MoneyNerd was born. 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. Hi Rich. Hi John Thanks for getting in touch. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. The keeper must identify the driver unless they are unable to. The police will write to the false person who is overseas. But it isnt necessary for the police to provide them at the fixed penalty stage. If you were stopped by the police it may have been given verbally. This will indicate when DVLA actually updated their records. For further assistance contact us online or call us on 0330 041 5869. Stephen. }); 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. This satisfies the Notice of Intended Prosecution rules. Conviction for perverting the course of justice. 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. a red light); careless driving; Chelmsford Surely this is way too late for them to take any action. What should i do? Stephen. The police have up to six months to issue you with a speeding fine. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Fees may be payable depending on your final choice of financial product. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. You need to find out whose mistake it is. Police post rooms should keep a log of suspicious letters. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. 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. Id like to know what is classed as evidence when a speed camera is involved. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. No If youve received a notice of intended prosecution, you may be concerned about the potential implications. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Hope this helps. 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). These cookies ensure basic functionalities and security features of the website, anonymously. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. Carlisle Is the NIP validly issued and/or validly served? 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 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: The company still gets fined for failing to provide driver details as well. They will get six points and a fine all of their own. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. 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? This is quite a complicated area of law. 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. What action should you take? Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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? Stephen. The police dont have to offer a fixed penalty. What happens next after a Notice Of Prosecution? The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. 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. 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. document.addEventListener('wpcf7mailsent', function (event) { It can be pretty difficult to persuade magistrates that two notices went missing. I hope that it is obvious. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. Sometimes the driver/keeper asks the police to send them a photograph. The cookie is used to store the user consent for the cookies in the category "Other. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Firstly I currently have 6 points on my licence. I may be able to dissuade the police from taking the matter further. 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. Speeding, Notice of Intended prosecution 4 months late. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Please give me a call if you would like to discuss the case in more detail. In 2015 I set up Stephen Oldham Solicitors. Membership and partnership organisations home. This cookie is set by GDPR Cookie Consent plugin. To see how we use, store and share your contact information you can read our privacy policy. ICO No: ZB338550. Is the speed alleged on the NIP an average over two or more points or at a single point? 0333 443 2366 Mobile friendly number. Saying to the police or the magistrates court: All these have been tried, tested and failed. This cookie is set by GDPR Cookie Consent plugin. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) if (window.fbq) { window.fbq('track', 'Lead'); } 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 . Nottingham The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. When the keeper gets the notice from the police they reply saying that someone else was driving. Click Answer. The vehicle information is correct. Formal Notice of Intended Prosecution 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 by Pete / CC BY. We Can Help. Thanks! 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. What can we do please? I WAS DOING 30 MPH IN A 30 LIMIT. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. The photograph is a red herring. 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. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Hull Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. In this case, you won't have to pay the fine or accept any points on your licence. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Receiving a notice of intended prosecution might send you into a panic. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Notice of intended prosecution sent to wrong address. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. 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. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The Notice of Intended Prosecution comes before the actual speeding fine. For example, the keeper nominates her husband and the driver on the photograph is a woman. They tell the magistrates that they did not get the notice in the post, so they could not reply. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Not to be confused with genuine cases where someone did not receive the notice in the post. 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. I have done this and sent the forms back. Yes. 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 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? Note, things do change and sometimes we do miss things (were only human! 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. Why So Much Free Information Whats The Catch? Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. The police send a notice to the person who has been nominated. A notice of intended prosecution is issued by the police. 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. They can refer to the reminder at court. 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. 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. Dispute a Notice of Intended Prosecution (NIP). Norwich ), You received a verbal warning instead and wont receive a NIP. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. You have to respond to say who was driving or you might get 6 points and a fine. The NIP must have been received within 14 days since the date of the alleged speeding offence. 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. Maybe you have decided to go along without a lawyer. 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. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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. 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. There are a few ways that this plot can be foiled. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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. 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? All rights reserved. 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. How long after a speeding offence can you be charged? You wont have to pay the fine and you wont have to accept penalty points on your license. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! All of the alternatives are worse than simply accepting the original penalty. Usually the identity of the driver comes out of the process and they are dealt with. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Evidence will be required before a driver can be prosecuted for speeding. We Will Answer Your Motoring Offence Question Free This paragraph should be read in conjunction with 2.202 in cases of accidents. Hi Paul. 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. Newsroom> Hi Matthew There is no such thing as rejecting an NIP. The Notice of Intended Prosecution arrived after 14 days Speeding charge sent to wrong address . and our 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. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. 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). Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. Bradford Such a warning is normally known as a "notice of intended prosecution", or NIP. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. 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. 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 . 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. In extreme cases conviction for perverting the course of justice. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. The notice may be received several months after the alleged offence took place and still be prosecuted. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Stephen, Hi Stephen I have received an NIP. We are so confused, we dont know what to do. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. For many people going to court and asking for the shortest ban possible might be the best idea. The police didnt serve the NIP in time. Its easy to panic if you receive a notice of intended prosecution. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. However, the alleged offence is stated as 06/02/2022. 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.
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