If you were stopped by the police it may have been given verbally. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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. 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 problem is,. The cookie is used to store the user consent for the cookies in the category "Other. 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. Avoiding a ban for drink driving is not easy. All of the alternatives are worse than simply accepting the original penalty. The told me exactly how to appeal and win. Hi Adrian I would try to get it resolved. This cookie is set by GDPR Cookie Consent plugin. Thanks, Hi Scott. Sometimes this is called giving your points to someone else. Stephen. Not to be confused with genuine cases where someone did not receive the notice in the post. 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. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. Fees may be payable depending on your final choice of financial product. They tell the magistrates that they did not get the notice in the post, so they could not reply. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. Conviction for failing to identify the driver. The defective NIP maybe a defence to the Speeder though. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. That is not a valid defence and it cant be argued in court. In the case of more serious offences, the case may be referred to the courts. The Notice of Intended Prosecution arrived after 14 days The police didnt serve the NIP in time. They accept that they were driving and go on a course or accept a fixed penalty. All advice gratefully appreciated. Hi John Thanks for getting in touch. Our team fact-checks content to ensure accuracy at the time of writing. The notice may be received several months after the alleged offence took place and still be prosecuted. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Huddersfield Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. 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. They will work with you to find the right way forward for your individual case. If you are stopped by the police, a notice of intended prosecution can be given verbally. The police have up to six months to issue you with a speeding fine. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Stephen. I received this notice in the post today 15/06/2021! The photograph is a red herring. 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. What do I do with the NIP after it has missed the 14 days ? 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. Surely this is way too late for them to take any action. If the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. This will almost certainly be after you'd moved. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The magistrates might decide that there is enough evidence anyway. 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). This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. The 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. 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. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. For example, the keeper nominates her husband and the driver on the photograph is a woman. There are a number of reasons why you may not have been issued a notice in the post within 14 days. The police send a notice to the person who has been nominated. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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 . IS IT WORTH FIGHTING ON THESE GROUNDS? , High Court clarifies the law in 2019 on using a mobile phone whilst driving. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. To see how we use, store and share your contact information you can read our privacy policy. In 2015 I set up Stephen Oldham Solicitors. What happens next after a Notice Of Prosecution? Different bands and the specifics of the incident determine the exact amount youre fined. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. Notice of Intended Prosecution by Pete / CC BY. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. What happens if you're caught speeding? If you were speeding take the hit and stop moaning. You arent the registered vehicle keeper. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. By clicking Accept, you consent to the use of ALL the cookies. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. 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? Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Formal Notice of Intended Prosecution 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. 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. Stephen. This is quite a complicated area of law. For more information, please see our I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. They will get six points and a fine all of their own. 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. Bradford The NIP has to be served on the registered keeper within 14 days. This is done by issuing a Notice of Intended Prosecution (NIP). If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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 . We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Privacy Policy. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. They were 80mph, 80mph, 81mph in 70mph zone. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). You will then receive a Fixed Penalty Notice or court summons if being prosecuted. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. If you are not the registered keeper there is no time limit. Hi Michael. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The driver fills in the details nominating him or herself but doesnt sign the form. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. document.addEventListener('wpcf7mailsent', function (event) { I have now received a follow up letter which says a copy of the charge was sent within . The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. The notice has to be sent to the registered address on the V5 within 14 days. 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. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Cookie Notice MoneyNerd is not associated with MoneyHelper, we just think theyre great. It depends! Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Their case is at court. Hi Jon I would normally expect an entry and an exit image. Fines and costs are always more than 100 at court. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Again, remember to take off the day of the alleged offence. Why you might not receive a NIP within 14 days. Maybe you have decided to go along without a lawyer. If you want to discuss the case, please give me a call on 07984 436464. 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). 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. a red light); careless driving; 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. Plus, a document called a Section 172 notice. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Notice of proposed driving disqualification. 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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? You may have heard that if you get a speeding ticket through the post. Based in England. 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. Carlisle Is it something I should flag to the Met or just reply with the assumption its for me anyway? I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Some say the police will have other, clearer photos, others are not so sure. I have received an NIP for my farther who has sadly passed away. The course lasts for half a day and there are no penalty points. The cookie is used to store the user consent for the cookies in the category "Performance". 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. For further assistance contact us online or call us on 0330 041 5869. Click Answer. The Notice of Intended Prosecution comes before the actual speeding fine. Analytical cookies are used to understand how visitors interact with the website. You can find out more by contacting MoneyHelper. What can we do please? Police often keep logs of returned mail. Trademark No: UK00003340161. Your email address will not be published. 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 need to discuss the details, give me a call on 03301116074. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. For many people going to court and asking for the shortest ban possible might be the best idea. The police send out a requirement to provide driver information. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. 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. 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. 0333 443 2366 Mobile friendly number. Make sure that you get proof of postage and keep a copy of your response. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Do you think I have a clear argument for it? So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. 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. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Membership and partnership organisations home. 03301116074. You may have heard that if you get a speeding ticket through the post. This one isnt so much as a scam as a mis-understanding of the law. 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. 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. Home> That is the job of the keeper who has a legal obligation to tell the police who was driving. These offences are usually caught on camera. Police post rooms should keep a log of suspicious letters. It does not store any personal data. Hull 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. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. This will indicate when DVLA actually updated their records. 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. Hi Paul. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. But it isnt necessary for the police to provide them at the fixed penalty stage. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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? so obviously he cant complete the NIP form so what will happen next? Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. The company is happy to pay the fine knowing that the drivers licence is saved. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Their evidence will be tested at trial. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. But, this isnt true for all cases. Slater and Gordon 2023. The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. 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. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. Hi Rich. 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.
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