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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Certain types of finance are not regulated, such as bridging loans. Offer you a conditional fixed penalty, which is three points and 100 fine . The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. They fill in the notice with the false details. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Notice of Intended Prosecution | Devon and Cornwall Police I may be able to dissuade the police from taking the matter further. 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 purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. No Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. The police are under no obligation to identify the driver. I WAS DOING 30 MPH IN A 30 LIMIT. 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. Please enable Javascript to view this webpage. Stephen. 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. 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. the speeding ticket. 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Membership and partnership organisations home. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. The police send out a notice to a suspected driver. IS IT WORTH FIGHTING ON THESE GROUNDS? The cookie is used to store the user consent for the cookies in the category "Other. Speeding | Merseyside Police 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? As a result we've received it some seven weeks late. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. For further assistance contact us online or call us on 0330 041 5869. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. Firstly I currently have 6 points on my licence. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Not to be confused with genuine cases where someone did not receive the notice in the post. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. The matter will be referred to the magistrates . 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. Speeding, Notice of Intended prosecution 4 months late A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Do you think I have a clear argument for it? 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. Notice of Intended Prosecution. 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. Click Answer. Chelmsford 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. They then dont accept a fixed penalty or a course and take the case to court. In many circumstances council fines are not enforceable. But, this isnt true for all cases. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. 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. 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. The told me exactly how to appeal and win. The defence at court is that there is no evidence of who was driving. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. If so, how many? Editor, Marcus Herbert. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. Cookie Notice By clicking Accept, you consent to the use of ALL the cookies. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Sometimes this is called giving your points to someone else. It does not store any personal data. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. These offences are usually caught on camera. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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. This will indicate when DVLA actually updated their records. Speeding ticket sent to wrong address after 14days | Legal matters 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. Notice Of Intended Prosecution: What Next? | Caddick Davies This cookie is set by GDPR Cookie Consent plugin. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Fixed Penalty Notices: all you need to know | RAC Drive It depends! They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. The Notice of Intended Prosecution comes before the actual 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. The vehicle information is correct. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. The criminal record is not the only thing that you might need to think about. The date on my newly updated V05 document is. Hi Paul. Regards Matthew. I.e. The company receives the notice from the police requiring the details of the driver. 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. 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. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. What should I do? 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. 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. Notice of intended prosecution loopholes and scams just dont work so dont try them. The photograph is a red herring. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. The NIP must have been received within 14 days since the date of the alleged speeding offence. There are three reasons why you might not receive a NIP within 14 days. To see how we use, store and share your contact information you can read our privacy policy. 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. Speeding charge sent to wrong address . The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. When the keeper gets the notice from the police they reply saying that someone else was driving. 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. Hull 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. 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? Avoiding a ban for drink driving is not easy. Notice of Intended Prosecution - Driving Test Tips And they were all within the space of 15 minutes. A section 172 notice will also accompany the NIP. The company still gets fined for failing to provide driver details as well. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Regards Timothy Bradshaw. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. The driver ends up with a fixed penalty for three points or a court case instead. 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. What does Michael Howard have in common with Christine Hamilton? If you are stopped by the police, a notice of intended prosecution can be given verbally. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. In 2015 I set up Stephen Oldham Solicitors. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. These cookies will be stored in your browser only with your consent. Can I reject a speeding ticket after 14 days? | The Irish Sun This one isnt so much as a scam as a mis-understanding of the law. 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. 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. We Can Help. How to Properly Deal with a Notice of Intended Prosecution If the recipient fails to respond, or if they were to write . The consequences are often costlier and more serious than a speed awareness course or three penalty points. The problem is,. 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. Speeding offences | Northamptonshire Police 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. 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. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. The Notice of Intended Prosecution comes before the actual speeding fine. Road Traffic - Summary Offences | The Crown Prosecution Service When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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 Make sure that you get proof of postage and keep a copy of your response. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. However I was not in that area at the time. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. I have received a NIP in the post regarding speeding and theyve got my name wrong. What can we do please? They can prosecute the registered keeper or anyone else who they sent a notice to. These records are based upon the address recorded on the registration certificate for the vehicle. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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 . MoneyNerd is not associated with MoneyHelper, we just think theyre great. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Our team fact-checks content to ensure accuracy at the time of writing. All of the alternatives are worse than simply accepting the original penalty. Hi Michael. 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. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. We are so confused, we dont know what to do. The defective NIP maybe a defence to the Speeder though. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com What action should you take? A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Why you might not receive a NIP within 14 days. The Notice of Intended Prosecution arrived after 14 days Is the NIP validly issued and/or validly served? 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. 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. At MoneyNerd, we are passionate about simplifying finance. Most speeding cases end up with a fixed penalty for three points and 100. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 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. 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. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Note, things do change and sometimes we do miss things (were only human! Sorry to hear about what has happened. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. These cookies track visitors across websites and collect information to provide customized ads. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 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. A notice of intended prosecution is issued by the police. ), so its important that you read the terms of any products that youre considering before you apply. Magistrates guidelines often mean that they impose more than three points. 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 understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. This paragraph should be read in conjunction with 2.202 in cases of accidents. We Will Answer Your Motoring Offence Question Free I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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. and our Evidence will be required before a driver can be prosecuted for speeding. Usually the identity of the driver comes out of the process and they are dealt with. 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. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. It is only there to identify the registration of the vehicle, not the driver.