As a result we've received it some seven weeks late. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Written confirmation is being sent to you in order to confirm that no further action will be taken. The police frequently get details of drivers from the national insurance database. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Required fields are marked *. 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. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. I was informed that I should notify them to change it so I can register. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Regards Rob, Hi Rob. 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. Newsroom> Stephen. 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. Bradford and our In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. This will almost certainly be after you'd moved. The registered keeper was driving when they set off a speed camera. Nottingham 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 have sent you an email about your case. And they were all within the space of 15 minutes. Newcastle The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Come back to me if you would like my help with this matter. 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. 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. Hi Paul. We Will Answer Your Motoring Offence Question Free Speeding | Metropolitan Police Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. Their case is at court. 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. It depends! Sometimes the registered keeper nominates someone else as the driver. Caddick Davies can talk you through the options available to you, based on your individual case. Make sure that you get proof of postage and keep a copy of your response. 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 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. DVLA give the name and address of the registered keeper to the police. The defence at court is that there is no evidence of who was driving. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. But it isnt necessary for the police to provide them at the fixed penalty stage. There are a few ways that this plot can be foiled. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Firstly I currently have 6 points on my licence. The police will write to the false person who is overseas. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. The name on the NIP is spelt wrong. 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. 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? 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. Stephen, Hi Stephen I have received an NIP. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Magistrates guidelines often mean that they impose more than three points. 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. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. They fill in the notice with the false details. The notice may be received several months after the alleged offence took place and still be prosecuted. The defective NIP maybe a defence to the Speeder though. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? The cookie is used to store the user consent for the cookies in the category "Analytics". Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Not only is it wrong to break the law it could land you with a prison sentence. It is only there to identify the registration of the vehicle, not the driver. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Home> 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 . It is a different type of firm enabled by technology and by new ways of working in the justice system. Again, remember to take off the day of the alleged offence. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. They were 80mph, 80mph, 81mph in 70mph zone. 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. 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. NIP will be sent out to the details held on PNC at the time the search was made. What is a Notice of Intended Prosecution? You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. But above all it is not worth the risk. 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. 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. The company receives the notice from the police requiring the details of the driver. 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. Can I just leave this to go away? 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? However I was not in that area at the time. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. so obviously he cant complete the NIP form so what will happen next? The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. Usually the identity of the driver comes out of the process and they are dealt with. The cookie is used to store the user consent for the cookies in the category "Other. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. We are so confused, we dont know what to do. For many people going to court and asking for the shortest ban possible might be the best idea. Notice of proposed driving disqualification. Leeds We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. If you think that you have a legitimate defence get some advice before you make things worse. A person is charged with failing to provide driver information. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Can I reject a speeding ticket after 14 days? | The Sun 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. They can refer to the reminder at court. This is my big list of case law relating to cases of driving with excess alcohol. The police send a notice to the person who has been nominated. You probably are give me a call if you would like to discuss in more detail. All information was correct at the time of publication. 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. 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. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. In extreme cases conviction for perverting the course of justice. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Notice of intended prosecution sent to wrong address - Page 1 - Speed 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. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. But lying during the process will be a disaster. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. Dispute a Notice of Intended Prosecution (NIP). Please give me a call if you would like to discuss the case in more detail. All advice gratefully appreciated. Different bands and the specifics of the incident determine the exact amount youre fined. For example, the keeper nominates her husband and the driver on the photograph is a woman. Stephen. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. Carlisle Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers Hi Mark Give me a call if you want some advice about this question. They accept that they were driving and go on a course or accept a fixed penalty. 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? There are a number of reasons why you may not have been issued a notice in the post within 14 days. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing 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. They make sure that the envelope is sent by registered post. Bristol I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Plus, a document called a Section 172 notice. Avoiding a ban for drink driving is not easy. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. There are circumstances where you may not have received the NIP within 14 . 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. But opting out of some of these cookies may affect your browsing experience. 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. The vehicle information is correct. Notice of intended prosecution loopholes and scams just dont work so dont try them. This satisfies the Notice of Intended Prosecution rules. Why So Much Free Information Whats The Catch? Knowing your rights could help you avoid paying a speeding fine. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. They will work with you to find the right way forward for your individual case. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. You have a legal obligation to respond to a NIP which is addressed to you. 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. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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 . Your email address will not be published. I also note that the prosecution should start within 6 months. People dont want points on their driving licence, fines or even driving bans. 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. This website uses cookies to improve your experience while you navigate through the website. Hi Matthew There is no such thing as rejecting an NIP. 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? Its easy to panic if you receive a notice of intended prosecution. 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). On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. What happens next after a Notice Of Prosecution? Evidence will be required before a driver can be prosecuted for speeding. The matter will be referred to the magistrates . Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. Quite simple. Why you might not receive a NIP within 14 days. 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? If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. It states that only the name on the form can fill it it in? Hi Adrian I would try to get it resolved. Thanks, Hi Scott. However, the most important thing is to stay calm and deal with the situation at hand. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. When should a Fixed Penalty Notice be received? I hope that this information helps. Note, things do change and sometimes we do miss things (were only human! The criminal record is not the only thing that you might need to think about. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. Have you got any points already? MoneyNerd is not associated with MoneyHelper, we just think theyre great. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Does this make any difference? The keeper then has to prove at court that there was insurance cover in place for the nominated driver. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Editor, Marcus Herbert. All rights reserved. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Notice of Intended Prosecution (NIP) - Motor Lawyers Based in England. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! It is simply to notify that the police may take action. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. What happens if you're caught speeding? Conviction for failing to provide driver information. if (window.fbq) { window.fbq('track', 'Lead'); } 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. Conviction for failing to identify the driver. At MoneyNerd, we are passionate about simplifying finance. Id like to know what is classed as evidence when a speed camera is involved. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. They can prosecute the registered keeper or anyone else who they sent a notice to. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. I am now in the 28 days reply period. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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. These offences are usually caught on camera. Slater and Gordon 2023. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. Norwich I have received a Notice of Intended Prosecution what should I do The Notice of Intended Prosecution comes before the actual speeding fine. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. I may be able to dissuade the police from taking the matter further. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. 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. Privacy Policy. Speeding, Notice of Intended prosecution 4 months late. No The police have up to six months to issue you with a speeding fine.
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