A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. This is done by issuing a Notice of Intended Prosecution (NIP). A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers That person may not be insured. To see how we use, store and share your contact information you can read our privacy policy. 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. The 14-Day Rule for Notices of Intended Prosecution - Loophole or New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. There are three reasons why you might not receive a NIP within 14 days. But it isnt necessary for the police to provide them at the fixed penalty stage. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Notice of Intended Prosecution. The keeper must identify the driver unless they are unable to. Whilst it is listed as an option, I feel within my rights to use the option. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Manchester 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. Huddersfield But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. 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. This cookie is set by GDPR Cookie Consent plugin. and our The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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 problem is,. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. We are so confused, we dont know what to do. 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. However, it does act as a warning that you may be prosecuted for the alleged offence. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. Why So Much Free Information Whats The Catch? If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Necessary cookies are absolutely essential for the website to function properly. What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. Do you think I have a valid case to void my impending alleged conviction. 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. Rob Says: It depends! It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. 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). People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Its easy to panic if you receive a notice of intended prosecution. The photograph is a red herring. This is quite a complicated area of law. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. These offences are usually caught on camera. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. What can I claim for in a personal injury case? I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. What should i do? If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. We Will Answer Your Motoring Offence Question Free Chelmsford The NIP must have been received within 14 days since the date of the alleged speeding offence. All of the alternatives are worse than simply accepting the original penalty. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Editor, Marcus Herbert. 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. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. Reddit and its partners use cookies and similar technologies to provide you with a better experience. These cookies ensure basic functionalities and security features of the website, anonymously. Leeds The consequences are often costlier and more serious than a speed awareness course or three penalty points. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Newsroom> Thanks, Hi Scott. However, the alleged offence is stated as 06/02/2022. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Required fields are marked *. Trademark No: UK00003340161. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. But opting out of some of these cookies may affect your browsing experience. The police send out a notice to a suspected driver. When the keeper gets the notice from the police they reply saying that someone else was driving. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. If you are not the registered keeper there is no time limit. Home> Membership and partnership organisations home. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. These cookies track visitors across websites and collect information to provide customized ads. I.e. Stephen. Their evidence will be tested at trial. Have you got any points already? You can find out more by contacting MoneyHelper. The company is happy to pay the fine knowing that the drivers licence is saved. They will work with you to find the right way forward for your individual case. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. I have received a NIP in the post regarding speeding and theyve got my name wrong. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. }); 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. What happens if I don't receive a NIP after 14 days? 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! Sometimes the driver/keeper asks the police to send them a photograph. If you were speeding take the hit and stop moaning. Conviction for failing to provide driver details. Id like to know what is classed as evidence when a speed camera is involved. What do I do with the NIP after it has missed the 14 days ? 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. Sorry to hear about what has happened. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. They have to go to court and lie on oath. 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. It can be pretty difficult to persuade magistrates that two notices went missing. Based in England. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. I received this notice in the post today 15/06/2021! Speeding | Metropolitan Police 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. 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? 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. Wed never recommend ignoring a notice of intended prosecution. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Im wondering how best to proceed on what next steps to take? Thats when MoneyNerd was born. 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. 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. Notice of intended prosecution loopholes and scams just dont work so dont try them. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. The research, conducted by Direct Line Car Insurance, also found that police recorded 1.25 million speeding incidents over a three year period, from 2015-2017. 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. This cookie is set by GDPR Cookie Consent plugin. It states that only the name on the form can fill it it in? IS IT WORTH FIGHTING ON THESE GROUNDS? The matter will be referred to the magistrates . Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 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. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd I am now in the 28 days reply period. Ranked in the top 20 law firms by Trustpilot. 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. 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. Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. You wont have to pay the fine and you wont have to accept penalty points on your license. Thanks! All information was correct at the time of publication. Hi Rich. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. 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. The cookie is used to store the user consent for the cookies in the category "Other. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. The company still gets fined for failing to provide driver details as well. 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. As a result we've received it some seven weeks late. 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. Can I reject a speeding ticket after 14 days? | The Sun MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. You probably are give me a call if you would like to discuss in more detail. That is the job of the keeper who has a legal obligation to tell the police who was driving. Quite simple. 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. I was informed that I should notify them to change it so I can register. I also note that the prosecution should start within 6 months. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. 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. We are so confused, we dont know what to do. Why you might not receive a NIP within 14 days. 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. If you were stopped by the police it may have been given verbally. 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. The police didnt serve the NIP in time. 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? 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? Speeding Fines, Tickets And Penalties Explained - Which? Certain types of finance are not regulated, such as bridging loans. 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. 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). Hope this helps. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. This one isnt so much as a scam as a mis-understanding of the law. Speeding | Merseyside Police 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. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. What Happens Next After Notice Of Prosecution? - Slater Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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? 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. Police often keep logs of returned mail. The told me exactly how to appeal and win. NIPs to the Wrong Address - David Barton | Motorist Lawyer The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers 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. Speeding, Notice of Intended prosecution 4 months late. the speeding ticket. You have a legal obligation to respond to a NIP which is addressed to you. Notice Of Intended Prosecution: What Next? | Caddick Davies They make sure that the envelope is sent by registered post. First of all, youll need to respond to the section 172 request to identify the driver. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. 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. 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. Notice of Intended Prosecution - Driving Test Tips ), You received a verbal warning instead and wont receive a NIP. 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 returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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? If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Hi Adrian I would try to get it resolved. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. The police have up to six months to issue you with a speeding fine. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence The date on my newly updated V05 document is. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. Hi Mark Give me a call if you want some advice about this question.
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