It is a different type of firm enabled by technology and by new ways of working in the justice system. 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? 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. 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Hi Mark Give me a call if you want some advice about this question. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Based in England. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. 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. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Notice of intended prosecution sent to wrong address. Why you might not receive a NIP within 14 days. This notice is issued by the police soon after the alleged offence has been committed. Our team fact-checks content to ensure accuracy at the time of writing. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 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. 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. 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. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. Im wondering how best to proceed on what next steps to take? Stephen. if (window.fbq) { window.fbq('track', 'Lead'); } I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. 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. Formal Notice of Intended Prosecution 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. There are circumstances where you may not have received the NIP within 14 . The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Bristol A notice of intended prosecution is issued by the police. 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. 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. ), so its important that you read the terms of any products that youre considering before you apply. I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. Not completely wrong but typos on both my first and last name. Cardiff As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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. the speeding ticket. Does this make any difference? A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Is this charge enforceable? They claim the DVLA gave them the wrong address, but I dont see how that is my problem. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 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. 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. 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. 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. London I have received an NIP for my farther who has sadly passed away. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. If you think that you have a legitimate defence get some advice before you make things worse. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Huddersfield 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. The company is happy to pay the fine knowing that the drivers licence is saved. 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. Most speeding cases end up with a fixed penalty for three points and 100. 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? They then dont accept a fixed penalty or a course and take the case to court. Regards Timothy Bradshaw. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. 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. But above all it is not worth the risk. The NIP must have been received within 14 days since the date of the alleged speeding offence. They can accept this or allow the matter to go to court where the fine can become bigger. Its easy to panic if you receive a notice of intended prosecution. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. We are so confused, we dont know what to do. If you are stopped by the police, a notice of intended prosecution can be given verbally. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. IS IT WORTH FIGHTING ON THESE GROUNDS? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. In extreme cases conviction for perverting the course of justice. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. Fines and costs are always more than 100 at court. What happens next after a Notice Of Prosecution? The police send out a requirement to provide driver information. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Will a driving conviction appear on my criminal record? If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. 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. They can prosecute the registered keeper or anyone else who they sent a notice to. Please enable Javascript to view this webpage. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Cookie Notice Not only is it wrong to break the law it could land you with a prison sentence. 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. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. document.addEventListener('wpcf7mailsent', function (event) { We are so confused, we dont know what to do. If the police have sent you a speeding fine what should you do? Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 18:28, 18:38, 18:43 time wise. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. 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. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Slater and Gordon 2023. However I was not in that area at the time. Conviction for failing to provide driver information. They make sure that the envelope is sent by registered post. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. You could try Michael Lyon Solicitors in Glasgow. The matter will be referred to the magistrates . 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. 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. Then they write to the registered keeper again for more details. What should I do? Id like to know what is classed as evidence when a speed camera is involved. That is not a valid defence and it cant be argued in court. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. NIP will be sent out to the details held on PNC at the time the search was made. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. People dont want points on their driving licence, fines or even driving bans. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. 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. Newsroom> Home> Is there a requirement for warning signs to be in place in and around the location of the speed check? That is the job of the keeper who has a legal obligation to tell the police who was driving. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. The photograph is a red herring. Their case is at court. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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. Again, remember to take off the day of the alleged offence. How do I challenge this charge. 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. I have now received a follow up letter which says a copy of the charge was sent within . You probably are give me a call if you would like to discuss in more detail. The cookie is used to store the user consent for the cookies in the category "Analytics". Rob Says: It depends! 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. Whilst it is listed as an option, I feel within my rights to use the option. We also use third-party cookies that help us analyze and understand how you use this website. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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 . At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. It states that only the name on the form can fill it it in? I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. Conviction for perverting the course of justice. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 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. 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. Fees may be payable depending on your final choice of financial product. All of the alternatives are worse than simply accepting the original penalty. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Can I check if there are circumstances including address change that may remove that constraint? These records are based upon the address recorded on the registration certificate for the vehicle. Click Answer. If you want to discuss the case, please give me a call on 07984 436464. 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. These cookies track visitors across websites and collect information to provide customized ads. 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. Yes. Your email address will not be published. The date on my newly updated V05 document is. Membership and partnership organisations home. I received this notice in the post today 15/06/2021! The told me exactly how to appeal and win. Stephen. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. In this case, you won't have to pay the fine or accept any points on your licence. The Notice of Intended Prosecution comes before the actual speeding fine. 03301116074. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. I was informed that I should notify them to change it so I can register. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Please give me a call if you would like to discuss the case in more detail. The registered keeper was driving when they set off a speed camera. To see how we use, store and share your contact information you can read our privacy policy. The matter will be referred to the magistrates . By clicking Accept, you consent to the use of ALL the cookies. Is the speed alleged on the NIP an average over two or more points or at a single point? Speeding, Notice of Intended prosecution 4 months late.
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