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. You have to respond to say who was driving or you might get 6 points and a fine. There are circumstances where you may not have received the NIP within 14 . We Will Answer Your Motoring Offence Question Free
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. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? if (window.fbq) { window.fbq('track', 'Lead'); } The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. It can be pretty difficult to persuade magistrates that two notices went missing. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. Quite simple. 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. Thanks! 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. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. The company is happy to pay the fine knowing that the drivers licence is saved. 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. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. How to Properly Deal with a Notice of Intended Prosecution In many circumstances council fines are not enforceable. Receiving a notice of intended prosecution might send you into a panic. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. The police dont have to offer a fixed penalty. 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. These offences are usually caught on camera. The company simply ignores the notice. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Police often keep logs of returned mail. When a driver has been going just over the speed limit the police offer them a speed awareness course. I hope that it is obvious. An unsigned document is not valid evidence. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Loss of opportunity to do a course or accept a fixed penalty. NIPs to the Wrong Address - David Barton | Motorist Lawyer Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com They advised me on how to appeal and gave me everything I needed to make an airtight defence. ), You received a verbal warning instead and wont receive a NIP. This satisfies the Notice of Intended Prosecution rules. How do I challenge this charge. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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). Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. What Happens Next After Notice Of Prosecution? - Slater Youll then have 28 days to accept the fine and potential penalty points. What is a Notice of Intended Prosecution? A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Not only is it wrong to break the law it could land you with a prison sentence. 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. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? Your email address will not be published. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The police frequently get details of drivers from the national insurance database. 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. This is done by issuing a Notice of Intended Prosecution (NIP). The question of a conviction appearing on your criminal record is complicated. But, this isnt true for all cases. Hull 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. Notice of Intended Prosecution by Pete / CC BY. 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. Usually the identity of the driver comes out of the process and they are dealt with. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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. Stephen. However, it does act as a warning that you may be prosecuted for the alleged offence. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Thanks, Hi Scott. 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. Notice Of Intended Prosecution: What Next? | Caddick Davies Police post rooms should keep a log of suspicious letters. You may have heard that if you get a speeding ticket through the post. Ranked in the top 20 law firms by Trustpilot. 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 matter will be referred to the magistrates . A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. What do I do with the NIP after it has missed the 14 days ? This would not prevent the police from sending the case to court. If you think that you have a legitimate defence get some advice before you make things worse. We Can Help. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. Whilst it is listed as an option, I feel within my rights to use the option. It states that only the name on the form can fill it it in? We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. In this case, you won't have to pay the fine or accept any points on your licence. I have received a Notice of Intended Prosecution what should I do Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. The matter will be referred to the magistrates . Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. If the notice didnt get delivered, then the post office often returns to sender. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! the speeding ticket. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! and our Hi Rich. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. The police didnt serve the NIP in time. I have now received a follow up letter which says a copy of the charge was sent within . The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. 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. Speeding, Notice of Intended prosecution 4 months late You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. 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. 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. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. Rob Says: It depends! If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. That is not a valid defence and it cant be argued in court. Come back to me if you would like my help with this matter. This is to notify them how much they have been fined and if penalty points will be added to their license. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. They can accept this or allow the matter to go to court where the fine can become bigger. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. How long after a speeding offence can you be charged? They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. For further assistance contact us online or call us on 0330 041 5869. A section 172 notice will also accompany the NIP. 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. The keeper must identify the driver unless they are unable to. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Privacy Policy. The cookie is used to store the user consent for the cookies in the category "Analytics". What can we do please? Bristol All advice gratefully appreciated. Stephen. Do you think I have a valid case to void my impending alleged conviction. Cardiff Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Notice of intended prosecution loopholes and scams just dont work so dont try them. 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. The registered keeper was driving when they set off a speed camera. They can prosecute the registered keeper or anyone else who they sent a notice to. 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). CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. You probably are give me a call if you would like to discuss in more detail. 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). Hope this helps. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: Home> You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. That person may not be insured. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. 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. Based in England. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Is this charge enforceable? The police usually send a reminder when they dont get a response the first notice. Cookie Notice Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. A defective NIP is not a defence to failing to name the driver so you must still provide that information. }); 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. Speeding charge sent to wrong address . They tell the magistrates that they did not get the notice in the post, so they could not reply. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! I have received an NIP for my farther who has sadly passed away. Written confirmation is being sent to you in order to confirm that no further action will be taken. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. 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. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Different bands and the specifics of the incident determine the exact amount youre fined. The defective NIP maybe a defence to the Speeder though. 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. 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. 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.