A defective NIP is not a defence to failing to name the driver so you must still provide that information. Speeding, Notice of Intended prosecution 4 months late. That person may not be insured. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. But, this isnt true for all cases. 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). The company simply ignores the notice. Birmingham I have now received a follow up letter which says a copy of the charge was sent within . 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. It can be pretty difficult to persuade magistrates that two notices went missing. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Again, remember to take off the day of the alleged offence. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. What do I do with the NIP after it has missed the 14 days ? If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. 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. Manchester Conviction for failing to provide driver information. 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. They go to extraordinary lengths to avoid justice. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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. 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. Speeding fine received after 14 days what does this mean for you? 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. I hope that this information helps. No 18:28, 18:38, 18:43 time wise. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. You have to respond to say who was driving or you might get 6 points and a fine. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. The magistrates might decide that there is enough evidence anyway. If the recipient fails to respond, or if they were to write . 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 NIP has to be served on the registered keeper within 14 days. Nottingham I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. They then dont accept a fixed penalty or a course and take the case to court. Is the speed alleged on the NIP an average over two or more points or at a single point? The police usually send a reminder when they dont get a response the first notice. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } The keeper must identify the driver unless they are unable to. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! Notice Of Intended Prosecution: What Next? However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. The question of a conviction appearing on your criminal record is complicated. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. 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. Notice of Intended Prosecution | Devon and Cornwall Police MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). The course lasts for half a day and there are no penalty points. I have done this and sent the forms back. The photograph is a red herring. Does this make any difference? A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Bradford DVLA give the name and address of the registered keeper to the police. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. The police have up to six months to issue you with a speeding fine. Norwich It states that only the name on the form can fill it it in? Loss of opportunity to do a course or accept a fixed penalty. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. They can accept this or allow the matter to go to court where the fine can become bigger. The Notice of Intended Prosecution comes before the actual speeding fine. Hi Adrian I would try to get it resolved. 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. There are circumstances where you may not have received the NIP within 14 . 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. 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. 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. Your email address will not be published. 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. Analytical cookies are used to understand how visitors interact with the website. Liverpool They can refer to the reminder at court. 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. Speeding Fines, Tickets And Penalties Explained - Which? 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. 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. Can I reject a speeding ticket after 14 days? | The Sun This informs you that the police are considering prosecution for an alleged motoring offence. Have you got any points already? When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. if (window.fbq) { window.fbq('track', 'Lead'); } At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. This will indicate when DVLA actually updated their records. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The police dont have to offer a fixed penalty. Stephen, Hi Stephen I have received an NIP. The police will write to the false person who is overseas. 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. 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. Click Answer. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. 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. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. 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. Stephen. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Stephen. Is the NIP validly issued and/or validly served? 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. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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 date of the offence was 24/12/2020, and the notice dated 30/12/2020. Newcastle Firstly I currently have 6 points on my licence. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. An unsigned document is not valid evidence. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. We do this from the outset of your case and throughout its duration. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. The 14-Day Rule for Notices of Intended Prosecution - Loophole or The police didnt serve the NIP in time. 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. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. It is simply to notify that the police may take action. The police send out a requirement to provide driver information. I.e. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Police often keep logs of returned mail. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. These offences are usually caught on camera. The police send a document to the registered keeper of the vehicle. and our The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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. Avoiding a ban for drink driving is not easy. Surely this is way too late for them to take any action. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. The company is happy to pay the fine knowing that the drivers licence is saved. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. These cookies ensure basic functionalities and security features of the website, anonymously. In extreme cases conviction for perverting the course of justice. Not completely wrong but typos on both my first and last name. Huddersfield Fees may be payable depending on your final choice of financial product. The matter will be referred to the magistrates . 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 . 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. Whilst it is listed as an option, I feel within my rights to use the option. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Regards Matthew. All of the alternatives are worse than simply accepting the original penalty. The consequences are often costlier and more serious than a speed awareness course or three penalty points. If the police have sent you a speeding fine what should you do? 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. I WAS DOING 30 MPH IN A 30 LIMIT. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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. That is a valid defence which is often successfully argued in court. 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? Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Sorry to hear about what has happened. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. The police send out a notice to a suspected driver. 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. But a company cant get penalty points. 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. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Its easy to panic if you receive a notice of intended prosecution. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. The police send out thousands of notices to drivers suspected of speeding and other offences every year. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. The criminal record is not the only thing that you might need to think about. Ranked in the top 20 law firms by Trustpilot. Why you might not receive a NIP within 14 days. 2. If so, how many? If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Stephen. 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).
