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Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. However, the alleged offence is stated as 06/02/2022. 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? We often link to other websites, but we can't be responsible for their content. What do I do with the NIP after it has missed the 14 days ? We do this from the outset of your case and throughout its duration. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Hi Jon I would normally expect an entry and an exit image. 03301116074. You also have the option to opt-out of these cookies. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. Thats where they get the names from. 2. 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. The police didnt serve the NIP in time. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. Maybe you have decided to go along without a lawyer. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. These offences are usually caught on camera. These cookies ensure basic functionalities and security features of the website, anonymously. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. The vehicle information is correct. Home> I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. The company is happy to pay the fine knowing that the drivers licence is saved. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. Thanks, Hi Scott. In many circumstances council fines are not enforceable. 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. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. They make sure that the envelope is sent by registered post. Will a driving conviction appear on my criminal record? All information was correct at the time of publication. 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? I.e. Come back to me if you would like my help with this matter. 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. 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. Is this charge enforceable? If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Conviction for failing to provide driver information. What does Michael Howard have in common with Christine Hamilton? I also note that the prosecution should start within 6 months. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 18:28, 18:38, 18:43 time wise. The matter will be referred to the magistrates . Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. The NIP must have been received within 14 days since the date of the alleged speeding offence. That is a valid defence which is often successfully argued in court. Police often keep logs of returned mail. Make sure that you get proof of postage and keep a copy of your response. Saying to the police or the magistrates court: All these have been tried, tested and failed. The prosecutor could also put a charge of failing to provide driver details. 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. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? What action should you take? This one isnt so much as a scam as a mis-understanding of the law. 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. Usually the identity of the driver comes out of the process and they are dealt with. These offences are usually caught on camera. Manchester 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. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. It can be pretty difficult to persuade magistrates that two notices went missing. The police send a notice to the person who has been nominated. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. I have just received a Notice of Intended Prosecution for speeding. The NIP has to be served on the registered keeper within 14 days. In the case of more serious offences, the case may be referred to the courts. Please give me a call if you would like to discuss the case in more detail. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Most police forces send a reminder when they dont get a reply to the first notice. Our team fact-checks content to ensure accuracy at the time of writing. 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 . You may have heard that if you get a speeding ticket through the post. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Sorry to hear about what has happened. 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). 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). They might be able to cross-reference the registered post receipt with the dodgy letter. The photograph is a red herring. You arent the registered vehicle keeper. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Formal Notice of Intended Prosecution The police usually send a reminder when they dont get a response the first notice. The police dont have to offer a fixed penalty. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Youll then have 28 days to accept the fine and potential penalty points. Hi Matthew There is no such thing as rejecting an NIP. Some say the police will have other, clearer photos, others are not so sure. This informs you that the police are considering prosecution for an alleged motoring offence. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. And they were all within the space of 15 minutes. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. Liverpool The notice has to be sent to the registered address on the V5 within 14 days. The Notice of Intended Prosecution comes before the actual speeding fine. Such a warning is normally known as a "notice of intended prosecution", or NIP. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. I have now received a follow up letter which says a copy of the charge was sent within . The cookies is used to store the user consent for the cookies in the category "Necessary". There are a number of reasons why you may not have been issued a notice in the post within 14 days. All advice gratefully appreciated. Hi Michael. Hull Speeding charge sent to wrong address . If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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. 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. 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. This would not prevent the police from sending the case to court. 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. The cookie is used to store the user consent for the cookies in the category "Performance". It depends! If that hasnt happened the prosecutor will want to know why. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Different bands and the specifics of the incident determine the exact amount youre fined. 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? 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. Does this make any difference? Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. If you need to discuss the details, give me a call on 03301116074. The driver fills in the details nominating him or herself but doesnt sign the form. What should i do? How long after a speeding offence can you be charged? Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. However, there are a few situations in which you may not receive a NIP through the post within 14 days. 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 common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. These records are based upon the address recorded on the registration certificate for the vehicle. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. ), so its important that you read the terms of any products that youre considering before you apply. Notice of intended prosecution sent to wrong address. If the notice didnt get delivered, then the post office often returns to sender. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? This will almost certainly be after you'd moved. NIP will be sent out to the details held on PNC at the time the search was made. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). I have sent you an email about your case. Not to be confused with genuine cases where someone did not receive the notice in the post. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Rob Says: It depends! If the police have sent you a speeding fine what should you do? Slater and Gordon 2023. 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. The name on the NIP is spelt wrong. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. For many people going to court and asking for the shortest ban possible might be the best idea. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. They will need to confirm either that they were driving or confirm the details of who was driving. 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. 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? We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. If the recipient fails to respond, or if they were to write . If you think that you have a legitimate defence get some advice before you make things worse. 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. Can I just leave this to go away? What action should you take? Offer you a speed awareness course, which will result in no points being endorsed on your licence. Stephen. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Bristol The keeper must identify the driver unless they are unable to. But opting out of some of these cookies may affect your browsing experience. 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. Your email address will not be published. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. Police post rooms should keep a log of suspicious letters. You have to respond to say who was driving or you might get 6 points and a fine. 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. If so, how many? MoneyNerd is not associated with MoneyHelper, we just think theyre great. Editor, Marcus Herbert. 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. Not only is it wrong to break the law it could land you with a prison sentence. Stephen. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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. 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. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Certain types of finance are not regulated, such as bridging loans. Speeding, Notice of Intended prosecution 4 months late. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Hi Rich. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. But, this isnt true for all cases. 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. 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. If you are stopped by the police, a notice of intended prosecution can be given verbally. This website uses cookies to improve your experience while you navigate through the website. Have you got any points already? You have a legal obligation to respond to a NIP which is addressed to you. 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. Hi Mark Give me a call if you want some advice about this question. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. There are circumstances where you may not have received the NIP within 14 . The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Its easy to panic if you receive a notice of intended prosecution. 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. Hope this helps. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. Newsroom> Thats when MoneyNerd was born. The notice may be received several months after the alleged offence took place and still be prosecuted. The criminal record is not the only thing that you might need to think about. Firstly I currently have 6 points on my licence. 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 . For further assistance contact us online or call us on 0330 041 5869. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Do you think I have a valid case to void my impending alleged conviction. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. What happens if I don't receive a NIP after 14 days? 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. This satisfies the Notice of Intended Prosecution rules. Sometimes the police give a link to a photograph from the speed camera online. They then dont accept a fixed penalty or a course and take the case to court. Most speeding cases end up with a fixed penalty for three points and 100. This cookie is set by GDPR Cookie Consent plugin. Whilst it is listed as an option, I feel within my rights to use the option. 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. Sometimes this is called giving your points to someone else. 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. Privacy Policy. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. Their case is at court. That is not a valid defence and it cant be argued in court. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. }); 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. Fees may be payable depending on your final choice of financial product. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. They will get six points and a fine all of their own. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. You need to find out whose mistake it is. Hi Adrian I would try to get it resolved. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). This notice is issued by the police soon after the alleged offence has been committed. 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. Loss of opportunity to do a course or accept a fixed penalty. I am now in the 28 days reply period. If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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 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 . Stephen. The fact that the photograph is unclear is irrelevant. No 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. Notice of Intended Prosecution. 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. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Required fields are marked *. You probably are give me a call if you would like to discuss in more detail. Notice of proposed driving disqualification. 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. Click Answer. You could try Michael Lyon Solicitors in Glasgow. Chelmsford If you were stopped by the police it may have been given verbally. Knowing your rights could help you avoid paying a speeding fine. The magistrates might decide that there is enough evidence anyway. I received this notice in the post today 15/06/2021! Can I check if there are circumstances including address change that may remove that constraint?