I hope that this information helps. Regards Matthew. This is done by issuing a Notice of Intended Prosecution (NIP). This cookie is set by GDPR Cookie Consent plugin. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. 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. Formal Notice of Intended Prosecution If the DVLA record has a current address at the issue date of the V5C, I reckon a. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. How long after a speeding offence can you be charged? I have done this and sent the forms back. However, the alleged offence is stated as 06/02/2022. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence. These offences are usually caught on camera. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. Carlisle When a driver has been going just over the speed limit the police offer them a speed awareness course. 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 cookie is used to store the user consent for the cookies in the category "Analytics". The course lasts for half a day and there are no penalty points. Conviction for failing to identify the driver. 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? But it isnt necessary for the police to provide them at the fixed penalty stage. 03301116074. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. I was informed that I should notify them to change it so I can register. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. This cookie is set by GDPR Cookie Consent plugin. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Sometimes the police give a link to a photograph from the speed camera online. 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. Loss of opportunity to do a course or accept a fixed penalty. 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. 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 . They fill in the notice with the false details. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. The name on the NIP is spelt wrong. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. What should I do? Birmingham To see how we use, store and share your contact information you can read our privacy policy. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. We Will Answer Your Motoring Offence Question Free 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. 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. The fact that the photograph is unclear is irrelevant. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. Cookie Notice Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 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. These cookies will be stored in your browser only with your consent. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Thats when MoneyNerd was born. 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. the speeding ticket. Thats where they get the names from. 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. 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). , High Court clarifies the law in 2019 on using a mobile phone whilst driving. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. 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! 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. You also have the option to opt-out of these cookies. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Yes. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. These cookies track visitors across websites and collect information to provide customized ads. 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. Can I just leave this to go away? It does not store any personal data. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. They then dont accept a fixed penalty or a course and take the case to 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? In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. It can be pretty difficult to persuade magistrates that two notices went missing. We also use third-party cookies that help us analyze and understand how you use this website. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. The defence at court is that there is no evidence of who was driving. This will indicate when DVLA actually updated their records. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. For more information, please see our The driver fills in the details nominating him or herself but doesnt sign the form. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Hi John Thanks for getting in touch. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. The question of a conviction appearing on your criminal record is complicated. Dispute a Notice of Intended Prosecution (NIP). What action should you take? Norwich The email has been rejected due a process change and says I have to return by post. 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. Cases of perverting the course of justice must be dealt with in the Crown Court. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! The problem is,. These offences are usually caught on camera. 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 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. If you were speeding take the hit and stop moaning. Slater and Gordon 2023. Wed never recommend ignoring a notice of intended prosecution. Stephen. I.e. Analytical cookies are used to understand how visitors interact with the website. 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. 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. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Is there a defence for this? 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. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. This would not prevent the police from sending the case to court. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. 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. A section 172 notice will also accompany the NIP. Note, things do change and sometimes we do miss things (were only human! For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. You could try Michael Lyon Solicitors in Glasgow. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. 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. Notice of proposed driving disqualification. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. First of all, youll need to respond to the section 172 request to identify the driver. 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. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. The consequences are often costlier and more serious than a speed awareness course or three penalty points. The magistrates might decide that there is enough evidence anyway. Thanks! Hope this helps. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. 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. 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. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. The Notice of Intended Prosecution arrived after 14 days 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. They dont receive a reply due to the fact that they dont exist. In many circumstances council fines are not enforceable. These records are based upon the address recorded on the registration certificate for the vehicle. 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. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. This cookie is set by GDPR Cookie Consent plugin. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Trademark No: UK00003340161.
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