Thanks, Hi Scott. But above all it is not worth the risk. Notice of proposed driving disqualification. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. These offences are usually caught on camera. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. It is only there to identify the registration of the vehicle, not the driver. 0333 443 2366 Mobile friendly number. Home> At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. With a recent 3 points accepted and 3 points dropping off in Dec 2019. You have to respond to say who was driving or you might get 6 points and a fine. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. Why So Much Free Information Whats The Catch? Trading address: The Grange, Grange Road, Malvern, WR14 3HA. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 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. 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. Conviction for failing to provide driver details. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. 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. Hi Mark Give me a call if you want some advice about this question. I hope that this information helps. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. Hi Rich. Huddersfield Notice of intended prosecution loopholes and scams just dont work so dont try them. In the case of more serious offences, the case may be referred to the courts. They can refer to the reminder at court. 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. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Regards Matthew. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. London If you were stopped by the police it may have been given verbally. Please give me a call if you would like to discuss the case in more detail. This is done by issuing a Notice of Intended Prosecution (NIP). About Us Seeherefor details about our law firm. This informs you that the police are considering prosecution for an alleged motoring offence. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. IS IT WORTH FIGHTING ON THESE GROUNDS? But lying during the process will be a disaster. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. The course lasts for half a day and there are no penalty points. Is the NIP validly issued and/or validly served? 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Quite simple. 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. 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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 NIP is usually sent through the post, although it can be given verbally by police if you are stopped. The police didnt serve the NIP in time. All rights reserved. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. We do this from the outset of your case and throughout its duration. 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. Offer you a conditional fixed penalty, which is three points and 100 fine . Speeding, Notice of Intended prosecution 4 months late. I am now in the 28 days reply period. MoneyNerd is not associated with MoneyHelper, we just think theyre great. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. But it isnt necessary for the police to provide them at the fixed penalty stage. It can be pretty difficult to persuade magistrates that two notices went missing. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. They will need to confirm either that they were driving or confirm the details of who was driving. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Speeding charge sent to wrong address . If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Most police forces send a reminder when they dont get a reply to the first notice. 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! 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. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. Privacy Policy. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. 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. 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? However, the most important thing is to stay calm and deal with the situation at hand. 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. What is a Notice of Intended Prosecution? In 2015 I set up Stephen Oldham Solicitors. 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The company simply ignores the notice. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. First of all, youll need to respond to the section 172 request to identify the driver. The Notice of Intended Prosecution arrived after 14 days I was informed that I should notify them to change it so I can register. 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. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. Stephen. Please enable Javascript to view this webpage. If the registered keeper says that they were driving, the police go on to look at the offence, they might: Will a driving conviction appear on my criminal record? Hi Matthew There is no such thing as rejecting an NIP. Not completely wrong but typos on both my first and last name. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. We Can Help. Sometimes this is called giving your points to someone else. 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. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. What happens if you're caught speeding? 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. Is the speed alleged on the NIP an average over two or more points or at a single point? Not only is it wrong to break the law it could land you with a prison sentence. You also have the option to opt-out of these cookies. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Click Answer. You may have heard that if you get a speeding ticket through the post. Sometimes the driver/keeper asks the police to send them a photograph. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The notice has to be sent to the registered address on the V5 within 14 days. If youve received a notice of intended prosecution, you may be concerned about the potential implications. The cookie is used to store the user consent for the cookies in the category "Other. You need to find out whose mistake it is. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. A notice of intended prosecution is issued by the police. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. 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. 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? Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Sometimes the registered keeper nominates someone else as the driver. And they were all within the space of 15 minutes. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? For further assistance contact us online or call us on 0330 041 5869. 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. if (window.fbq) { window.fbq('track', 'Lead'); } The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. What can I claim for in a personal injury case? Reddit and its partners use cookies and similar technologies to provide you with a better experience. The cookie is used to store the user consent for the cookies in the category "Analytics". MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. 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. In many circumstances council fines are not enforceable. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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 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. Your email address will not be published. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. The police are under no obligation to identify the driver. 18:28, 18:38, 18:43 time wise. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Another case says that an unsigned form does not amount to a reply. 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. Based in England. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . Fines and costs are always more than 100 at court. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. If you need to discuss the details, give me a call on 03301116074. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. When a driver has been going just over the speed limit the police offer them a speed awareness course. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. 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. What can we do please? Birmingham The police send out thousands of notices to drivers suspected of speeding and other offences every year. There are a few ways that this plot can be foiled. 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 . A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. This paragraph should be read in conjunction with 2.202 in cases of accidents. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Again, remember to take off the day of the alleged offence. 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. 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.
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