If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. 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. The driver fills in the details nominating him or herself but doesnt sign the form. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). I have received an NIP for my farther who has sadly passed away. 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. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. 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. 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? The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Manchester I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Not only is it wrong to break the law it could land you with a prison sentence. Receiving a notice of intended prosecution might send you into a panic. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. Can I just leave this to go away? By clicking Accept, you consent to the use of ALL the cookies. 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 Home> Nottingham 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). When should a Fixed Penalty Notice be received? Regards Timothy Bradshaw. This is quite a complicated area of law. Stephen. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Conviction for failing to provide driver details. 03301116074. I hope that it is obvious. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. The email has been rejected due a process change and says I have to return by post. Its easy to panic if you receive a notice of intended prosecution. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The Notice of Intended Prosecution comes before the actual speeding fine. What does Michael Howard have in common with Christine Hamilton? Regards Rob, Hi Rob. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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? This website uses cookies to improve your experience while you navigate through the website. A section 172 notice will also accompany the NIP. However, it does act as a warning that you may be prosecuted for the alleged offence. Based in England. Fines and costs are always more than 100 at court. 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? What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Speeding penalties - GOV.UK 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. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Plus, a document called a Section 172 notice. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. 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. They will get six points and a fine all of their own. I have sent you an email about your case. 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. You may have heard that if you get a speeding ticket through the post. I have received a Notice of Intended Prosecution what should I do Trademark No: UK00003340161. That person may not be insured. They will work with you to find the right way forward for your individual case. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. This cookie is set by GDPR Cookie Consent plugin. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Sometimes the driver/keeper asks the police to send them a photograph. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Hi Mark Give me a call if you want some advice about this question. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. 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. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. The prosecutor could also put a charge of failing to provide driver details. They advised me on how to appeal and gave me everything I needed to make an airtight defence. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. What can we do please? Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. What happens next after a Notice Of Prosecution? They can accept this or allow the matter to go to court where the fine can become bigger. Fixed Penalty Notices: all you need to know | RAC Drive I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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. This satisfies the Notice of Intended Prosecution rules. Stephen. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Youll then have 28 days to accept the fine and potential penalty points. Patterson Law Limited is a law firm authorised and regulated by the. In the case of more serious offences, the case may be referred to the courts. For many people going to court and asking for the shortest ban possible might be the best idea. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. 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. Stephen, Hi Stephen I have received an NIP. The company receives the notice from the police requiring the details of the driver. It states that only the name on the form can fill it it in? Is this charge enforceable? ), You received a verbal warning instead and wont receive a NIP. Your email address will not be published. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The NIP has to be served on the registered keeper within 14 days. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. Cases of perverting the course of justice must be dealt with in the Crown Court. There are three reasons why you might not receive a NIP within 14 days. 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. As a result we've received it some seven weeks late. Notice of Intended Prosecution (NIP) - Motor Lawyers At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. But above all it is not worth the risk. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Newsroom> 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. You may have heard that if you get a speeding ticket through the post. This would not prevent the police from sending the case to court. Rob Says: It depends! The 14-Day Rule for Notices of Intended Prosecution - Loophole or And they were all within the space of 15 minutes. 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. We are so confused, we dont know what to do. Not to be confused with genuine cases where someone did not receive the notice in the post. This is to notify them how much they have been fined and if penalty points will be added to their license. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. Newcastle The police usually send a reminder when they dont get a response the first notice. Hi Bryony Thanks for getting in touch. 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. This cookie is set by GDPR Cookie Consent plugin. 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Sometimes this is called giving your points to someone else. If you are stopped by the police, a notice of intended prosecution can be given verbally. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. If the police have sent you a speeding fine what should you do? However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The keeper must identify the driver unless they are unable to. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Name Spelt Wrong On Notice Of Intended Prosecution They claim the DVLA gave them the wrong address, but I dont see how that is my problem. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Some say the police will have other, clearer photos, others are not so sure. Is there a requirement for warning signs to be in place in and around the location of the speed check? The registered keeper was driving when they set off a speed camera. 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. 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. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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 . Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. 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. However I was not in that area at the time. Click Answer. 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. Dispute a Notice of Intended Prosecution (NIP). At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. This one isnt so much as a scam as a mis-understanding of the law. The police are under no obligation to identify the driver. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Notice of intended prosecution sent to wrong address - Page 1 - Speed Quite simple. 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). Why you might not receive a NIP within 14 days. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. The company simply ignores the notice. Road Traffic - Summary Offences | The Crown Prosecution Service But, this isnt true for all cases. London The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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). 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. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. For further assistance contact us online or call us on 0330 041 5869. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Sorry to hear about what has happened. IS IT WORTH FIGHTING ON THESE GROUNDS? However, the alleged offence is stated as 06/02/2022. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. The driver ends up with a fixed penalty for three points or a court case instead. Formal Notice of Intended Prosecution In extreme cases conviction for perverting the course of justice. If you need to discuss the details, give me a call on 03301116074. 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. The criminal record is not the only thing that you might need to think about. Certain types of finance are not regulated, such as bridging loans. V5C to wrong address, now notice of intended prosecution MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers They have to go to court and lie on oath. Regards Matthew. The Notice of Intended Prosecution arrived after 14 days This paragraph should be read in conjunction with 2.202 in cases of accidents. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. To see how we use, store and share your contact information you can read our privacy policy. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. Sometimes the police give a link to a photograph from the speed camera online. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. If you think that you have a legitimate defence get some advice before you make things worse. Note, things do change and sometimes we do miss things (were only human! Ranked in the top 20 law firms by Trustpilot. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. NIPs to the Wrong Address - David Barton | Motorist Lawyer The Notice of Intended Prosecution comes before the actual speeding fine. Birmingham A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Can I check if there are circumstances including address change that may remove that constraint? Reddit and its partners use cookies and similar technologies to provide you with a better experience. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. What should i do? 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 . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. What should I do? As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 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. Hope this helps. In many circumstances council fines are not enforceable. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. Most speeding cases end up with a fixed penalty for three points and 100. MoneyNerd is not associated with MoneyHelper, we just think theyre great. DVLA give the name and address of the registered keeper to the police. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! But opting out of some of these cookies may affect your browsing experience. Firstly I currently have 6 points on my licence. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. They accept that they were driving and go on a course or accept a fixed penalty. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. We also use third-party cookies that help us analyze and understand how you use this website. 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. First of all, youll need to respond to the section 172 request to identify the driver. 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. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. and our Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 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. In some circumstances, you might have a legitimate reason not to pay a fine. The fact that the photograph is unclear is irrelevant.
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