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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. You may have heard that if you get a speeding ticket through the post. These offences are usually caught on camera. Written confirmation is being sent to you in order to confirm that no further action will be taken. Yes. Stephen. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Cardiff Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. Stephen. This paragraph should be read in conjunction with 2.202 in cases of accidents. This satisfies the Notice of Intended Prosecution rules. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Then they write to the registered keeper again for more details. Regards Rob, Hi Rob. Police post rooms should keep a log of suspicious letters. so obviously he cant complete the NIP form so what will happen next? A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. 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. 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. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Home> However, there are a few situations in which you may not receive a NIP through the post within 14 days. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. Cookie Notice Notice of Intended Prosecution by Pete / CC BY. The driver fills in the details nominating him or herself but doesnt sign the form. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. If you were stopped by the police it may have been given verbally. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. The course lasts for half a day and there are no penalty points. I have received an NIP for my farther who has sadly passed away. A section 172 notice will also accompany the NIP. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. 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. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. When the keeper gets the notice from the police they reply saying that someone else was driving. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Notice of proposed driving disqualification. 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. Hi Rich. At MoneyNerd, we are passionate about simplifying finance. 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. Knowing your rights could help you avoid paying a speeding fine. Regards Matthew. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). The matter will be referred to the magistrates . Their case is at court. I am now in the 28 days reply period. What does Michael Howard have in common with Christine Hamilton? 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 . 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? First of all, youll need to respond to the section 172 request to identify the driver. Its easy to panic if you receive a notice of intended prosecution. The police send out a notice to a suspected driver. If you are not the registered keeper there is no time limit. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Speeding fine received after 14 days what does this mean for you? The notice of intended prosecution (NIP) was sent to our old company address. What happens if I don't receive a NIP after 14 days? They were 80mph, 80mph, 81mph in 70mph zone. The police send a document to the registered keeper of the vehicle. Firstly I currently have 6 points on my licence. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. I was informed that I should notify them to change it so I can register. They can prosecute the registered keeper or anyone else who they sent a notice to. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. 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. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. What do I do with the NIP after it has missed the 14 days ? Receiving a notice of intended prosecution might send you into a panic. Formal Notice of Intended Prosecution This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. The defence at court is that there is no evidence of who was driving. 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. 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. 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. No 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. 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. Leeds Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. You also have the option to opt-out of these cookies. There are circumstances where you may not have received the NIP within 14 . When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. Is there a requirement for warning signs to be in place in and around the location of the speed check? Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. If youve received a notice of intended prosecution, you may be concerned about the potential implications. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. 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. Avoiding a ban for drink driving is not easy. This one isnt so much as a scam as a mis-understanding of the law. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. NIP will be sent out to the details held on PNC at the time the search was made. Speeding charge sent to wrong address . 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. The magistrates might decide that there is enough evidence anyway. 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. Newsroom> If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Sorry to hear about what has happened. Caddick Davies can talk you through the options available to you, based on your individual case. 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. Stephen. 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. But it isnt necessary for the police to provide them at the fixed penalty stage. The vehicle information is correct. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. That is a valid defence which is often successfully argued in court. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. 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. If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. When a driver has been going just over the speed limit the police offer them a speed awareness course. These cookies track visitors across websites and collect information to provide customized ads. These cookies ensure basic functionalities and security features of the website, anonymously. I received this notice in the post today 15/06/2021! 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. IS IT WORTH FIGHTING ON THESE GROUNDS? If you need to discuss the details, give me a call on 03301116074. Stephen. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 0333 443 2366 Mobile friendly number. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Usually the identity of the driver comes out of the process and they are dealt with. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 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. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. About Us Seeherefor details about our law firm. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. 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. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. A defective NIP is not a defence to failing to name the driver so you must still provide that information. 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. Regards Timothy Bradshaw. In the case of more serious offences, the case may be referred to the courts. However, it does act as a warning that you may be prosecuted for the alleged offence. 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. Plus, a document called a Section 172 notice. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 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? They make sure that the envelope is sent by registered post. 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). The date on my newly updated V05 document is. Certain types of finance are not regulated, such as bridging loans. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Notice of intended prosecution loopholes and scams just dont work so dont try them. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). I have done this and sent the forms back. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? Stephen, Hi Stephen I have received an NIP. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. The registered keeper was driving when they set off a speed camera. These records are based upon the address recorded on the registration certificate for the vehicle. For further assistance contact us online or call us on 0330 041 5869. However, the alleged offence is stated as 06/02/2022. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Always remember anyone can post on the MSE forums, so it can be very different from our opinion. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. They then dont accept a fixed penalty or a course and take the case to court. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. The fact that the photograph is unclear is irrelevant. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. We do this from the outset of your case and throughout its duration. What action should you take? if (window.fbq) { window.fbq('track', 'Lead'); } The company simply ignores the notice. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Hi Matthew There is no such thing as rejecting an NIP. Another case says that an unsigned form does not amount to a reply. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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? 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. 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. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. Police often keep logs of returned mail. Most police forces send a reminder when they dont get a reply to the first notice. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. Ranked in the top 20 law firms by Trustpilot. The police are under no obligation to identify the driver. Is this charge enforceable? That is not a valid defence and it cant be argued in court. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Maybe you have decided to go along without a lawyer. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. the speeding ticket. 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 received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. This will almost certainly be after you'd moved. They will get six points and a fine all of their own. Does this make any difference? 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. This cookie is set by GDPR Cookie Consent plugin. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. They might be able to cross-reference the registered post receipt with the dodgy letter. 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? Conviction for perverting the course of justice. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Your email address will not be published. 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. But lying during the process will be a disaster. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Hi Bryony Thanks for getting in touch. I WAS DOING 30 MPH IN A 30 LIMIT. However I was not in that area at the time. A person is charged with failing to provide driver information. I have just received a Notice of Intended Prosecution for speeding. Not completely wrong but typos on both my first and last name. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. If the recipient fails to respond, or if they were to write . Trademark No: UK00003340161. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Sometimes the driver/keeper asks the police to send them a photograph. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. Necessary cookies are absolutely essential for the website to function properly. 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. Fines and costs are always more than 100 at court. Carlisle This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The problem is,. This would not prevent the police from sending the case to court. It is only there to identify the registration of the vehicle, not the driver. 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 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. 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. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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 . Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Required fields are marked *. It can be pretty difficult to persuade magistrates that two notices went missing. But a company cant get penalty points. In this case, you won't have to pay the fine or accept any points on your licence. 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. We are so confused, we dont know what to do. What is a Notice of Intended Prosecution? 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