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Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com The magistrates might decide that there is enough evidence anyway. Maybe you have decided to go along without a lawyer. They can accept this or allow the matter to go to court where the fine can become bigger. 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. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Is the NIP validly issued and/or validly served? The police dont have to offer a fixed penalty. In the case of more serious offences, the case may be referred to the courts. 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. Knowing your rights could help you avoid paying a speeding fine. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Reddit and its partners use cookies and similar technologies to provide you with a better experience. If you think that you have a legitimate defence get some advice before you make things worse. 3. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. I am now in the 28 days reply period. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. About Us Seeherefor details about our law firm. 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? Hi Adrian I would try to get it resolved. This will indicate when DVLA actually updated their records. 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. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. London
Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. They then dont accept a fixed penalty or a course and take the case to court. Regards Matthew. If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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 . Conviction for failing to provide driver information. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. You have a legal obligation to respond to a NIP which is addressed to you. This would not prevent the police from sending the case to court. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. 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. Id like to know what is classed as evidence when a speed camera is involved. 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court.
They were 80mph, 80mph, 81mph in 70mph zone. The police will write to the false person who is overseas. Stephen. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. You probably are give me a call if you would like to discuss in more detail. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. This website uses cookies to improve your experience while you navigate through the website. 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. The police usually send a reminder when they dont get a response the first notice. I have just received a Notice of Intended Prosecution for speeding. 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.
Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. What action should you take? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. You have to respond to say who was driving or you might get 6 points and a fine. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. They go to extraordinary lengths to avoid justice. The matter will be referred to the magistrates . That is not a valid defence and it cant be argued in court. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Sorry to hear about what has happened. Offer you a conditional fixed penalty, which is three points and 100 fine . Thats when MoneyNerd was born. 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. In 2015 I set up Stephen Oldham Solicitors.
Notice of Intended Prosecution (NIP) - Road Traffic 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. Notice of intended prosecution sent to wrong address. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. The company is happy to pay the fine knowing that the drivers licence is saved. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. 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. 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.
I have received a Notice of Intended Prosecution what should I do 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 . How do I challenge this charge. These cookies ensure basic functionalities and security features of the website, anonymously. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. ), You received a verbal warning instead and wont receive a NIP. 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. The defective NIP maybe a defence to the Speeder though. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. 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. Birmingham Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Notice of Intended Prosecution by Pete / CC BY.
Speeding, Notice of Intended prosecution 4 months late These offences are usually caught on camera. They can prosecute the registered keeper or anyone else who they sent a notice to. 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). There are three reasons why you might not receive a NIP within 14 days. Wed never recommend ignoring a notice of intended prosecution. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. What action should you take? 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. 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. Our team fact-checks content to ensure accuracy at the time of writing. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Hi Bryony Thanks for getting in touch. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. 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. Cookie Notice Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. A notice of intended prosecution is issued by the police. In many circumstances council fines are not enforceable. Not to be confused with genuine cases where someone did not receive the notice in the post. Whilst it is listed as an option, I feel within my rights to use the option. The fact that the photograph is unclear is irrelevant. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. First of all, youll need to respond to the section 172 request to identify the driver. The course lasts for half a day and there are no penalty points. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Cases of perverting the course of justice must be dealt with in the Crown Court. Stephen. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. You may have heard that if you get a speeding ticket through the post. Formal Notice of Intended Prosecution Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. 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 requirement to provide driver information. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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? 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. They will work with you to find the right way forward for your individual case. 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. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. We do this from the outset of your case and throughout its duration. You may have heard that if you get a speeding ticket through the post. 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 you want to discuss the case, please give me a call on 07984 436464. It depends! 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. 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. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Surely this is way too late for them to take any action. If that hasnt happened the prosecutor will want to know why. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 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. Regards Rob, Hi Rob. 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). It is simply to notify that the police may take action. I also note that the prosecution should start within 6 months. 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. They will need to confirm either that they were driving or confirm the details of who was driving. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Conviction for failing to identify the driver. 18:28, 18:38, 18:43 time wise. 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. If the recipient fails to respond, or if they were to write . The problem is,. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. 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, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. They tell the magistrates that they did not get the notice in the post, so they could not reply. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. However, the alleged offence is stated as 06/02/2022. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. In this case, you won't have to pay the fine or accept any points on your licence. The issue now is, my girlfriend forgot to send off the slip and 2-3weeks after selling the car, a NIP appears in the post. 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. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. The prosecutor could also put a charge of failing to provide driver details. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Thanks! What can we do please? Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Saying to the police or the magistrates court: All these have been tried, tested and failed. The NIP must have been received within 14 days since the date of the alleged speeding offence. 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. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. 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? This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Not completely wrong but typos on both my first and last name.
Road Traffic - Summary Offences | The Crown Prosecution Service 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. Editor, Marcus Herbert. The cookie is used to store the user consent for the cookies in the category "Analytics". This satisfies the Notice of Intended Prosecution rules. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. I may be able to dissuade the police from taking the matter further. Police often keep logs of returned mail. 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. 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. }); 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. Regards Timothy Bradshaw. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. If the notice didnt get delivered, then the post office often returns to sender. 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. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit.
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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Again, remember to take off the day of the alleged offence. Conviction for perverting the course of justice. The driver ends up with a fixed penalty for three points or a court case instead. Hi Mark Give me a call if you want some advice about this question. However, there are some exceptions. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG.