2022.08.24 WednesdayThis is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Hull There are a few ways that this plot can be foiled. There might be a photograph from the speed camera showing some detail of the driver. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. Conviction for failing to provide driver details. 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. Not completely wrong but typos on both my first and last name. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. Why you might not receive a NIP within 14 days. Hi Michael. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. In 2015 I set up Stephen Oldham Solicitors. Stephen. 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. 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 notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. A section 172 notice will also accompany the NIP. This is my big list of case law relating to cases of driving with excess alcohol. 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). 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. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 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. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. The notice may be received several months after the alleged offence took place and still be prosecuted. If youve received a notice of intended prosecution, you may be concerned about the potential implications. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. But opting out of some of these cookies may affect your browsing experience. Speeding fine received after 14 days what does this mean for you? We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. This is quite a complicated area of law. They can accept this or allow the matter to go to court where the fine can become bigger. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. 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. 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 . Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. A notice of intended prosecution is issued by the police. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. If the police have sent you a speeding fine what should you do? Why So Much Free Information Whats The Catch? They go to extraordinary lengths to avoid justice. Click Answer. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. When should a Fixed Penalty Notice be received? The criminal record is not the only thing that you might need to think about. 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. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 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. Thanks, Hi Scott. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. Will a driving conviction appear on my criminal record? Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. 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. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. They will work with you to find the right way forward for your individual case. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). All rights reserved. This is to notify them how much they have been fined and if penalty points will be added to their license. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The police will write to the false person who is overseas. For many people going to court and asking for the shortest ban possible might be the best idea. Privacy Policy. First of all, youll need to respond to the section 172 request to identify the driver. The police send out a notice to a suspected driver. The company simply ignores the notice. 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. This informs you that the police are considering prosecution for an alleged motoring offence. Saying to the police or the magistrates court: All these have been tried, tested and failed. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. I have received a NIP in the post regarding speeding and theyve got my name wrong. They dont receive a reply due to the fact that they dont exist. The police send out a requirement to provide driver information. What is a Notice of Intended Prosecution? 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. 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. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. But above all it is not worth the risk. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. This would not prevent the police from sending the case to court. What action should you take? I have just received a Notice of Intended Prosecution for speeding. The matter will be referred to the magistrates . Police post rooms should keep a log of suspicious letters. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. You could try Michael Lyon Solicitors in Glasgow. The driver fills in the details nominating him or herself but doesnt sign the form. Hi Bryony Thanks for getting in touch. Im wondering how best to proceed on what next steps to take? 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. 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 cookie is used to store the user consent for the cookies in the category "Other. Can I check if there are circumstances including address change that may remove that constraint? Huddersfield Hope this helps. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. However, the alleged offence is stated as 06/02/2022. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The police usually send a reminder when they dont get a response the first notice. If you were stopped by the police it may have been given verbally. Formal Notice of Intended Prosecution DVLA give the name and address of the registered keeper to the police. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. This will indicate when DVLA actually updated their records. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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? Newcastle You will then receive a Fixed Penalty Notice or court summons if being prosecuted. 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. Bradford 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. This cookie is set by GDPR Cookie Consent plugin. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The police dont have to offer a fixed penalty. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. You also have the option to opt-out of these cookies. 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. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Some say the police will have other, clearer photos, others are not so sure. They can prosecute the registered keeper or anyone else who they sent a notice to. Nottingham If so, how many? As a result we've received it some seven weeks late. 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. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 3. Avoiding a ban for drink driving is not easy. 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 . I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Again, remember to take off the day of the alleged offence. 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 . You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. 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. 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. ICO No: ZB338550. 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 may be able to dissuade the police from taking the matter further. But it isnt necessary for the police to provide them at the fixed penalty stage. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Fees may be payable depending on your final choice of financial product. Stephen. It is only there to identify the registration of the vehicle, not the driver. 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. Loss of opportunity to do a course or accept a fixed penalty. In the case of more serious offences, the case may be referred to the courts. We are so confused, we dont know what to do. I WAS DOING 30 MPH IN A 30 LIMIT. Thanks! Is it something I should flag to the Met or just reply with the assumption its for me anyway? Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Conviction for failing to identify the driver. 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? Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. What can we do please? Caddick Davies can talk you through the options available to you, based on your individual case. 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. You need to find out whose mistake it is. It does not store any personal data. The defective NIP maybe a defence to the Speeder though. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. This will almost certainly be after you'd moved. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. You arent the registered vehicle keeper. In extreme cases conviction for perverting the course of justice. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. 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. These offences are usually caught on camera. Their case is at court. Firstly I currently have 6 points on my licence. About Us Seeherefor details about our law firm. They might be able to cross-reference the registered post receipt with the dodgy letter. Notice of intended prosecution loopholes and scams just dont work so dont try them. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The police have up to six months to issue you with a speeding fine. 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. Necessary cookies are absolutely essential for the website to function properly. Quite simple. Yes. This notice is issued by the police soon after the alleged offence has been committed. You may have heard that if you get a speeding ticket through the post. 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. ), You received a verbal warning instead and wont receive a NIP. 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. It can be pretty difficult to persuade magistrates that two notices went missing. Bristol The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. 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. 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. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. But a company cant get penalty points. However, there are some exceptions. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Then they write to the registered keeper again for more details. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Not only is it wrong to break the law it could land you with a prison sentence. if (window.fbq) { window.fbq('track', 'Lead'); } 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. 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. Slater and Gordon 2023. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Different bands and the specifics of the incident determine the exact amount youre fined. Id like to know what is classed as evidence when a speed camera is involved. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. The course lasts for half a day and there are no penalty points. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. and our Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. Most police forces send a reminder when they dont get a reply to the first notice. Hi Paul. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. The notice has to be sent to the registered address on the V5 within 14 days. Police often keep logs of returned mail. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving Stephen. Come back to me if you would like my help with this matter. This is done by issuing a Notice of Intended Prosecution (NIP).
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