Reddit and its partners use cookies and similar technologies to provide you with a better experience. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? But, this isnt true for all cases. Yes. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. If so, how many? so obviously he cant complete the NIP form so what will happen next? 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. 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. Stephen. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. 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? This will indicate when DVLA actually updated their records. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. 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 company receives the notice from the police requiring the details of the driver. It does not store any personal data. Birmingham If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Is there a defence for this? I hope that it is obvious. When should a Fixed Penalty Notice be received? Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. These offences are usually caught on camera. The police didnt serve the NIP in time. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Receiving a notice of intended prosecution might send you into a panic. However, the alleged offence is stated as 06/02/2022. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Notice of intended prosecution sent to wrong address - Page 1 - Speed Fines and costs are always more than 100 at court. This cookie is set by GDPR Cookie Consent plugin. In the case of more serious offences, the case may be referred to the courts. Name Spelt Wrong On Notice Of Intended Prosecution We often link to other websites, but we can't be responsible for their content. A notice of intended prosecution is issued by the police. Patterson Law Limited is a law firm authorised and regulated by the. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. London 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. You need to find out whose mistake it is. What can I claim for in a personal injury case? Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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 of the offence was 24/12/2020, and the notice dated 30/12/2020. This is quite a complicated area of law. 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. They advised me on how to appeal and gave me everything I needed to make an airtight defence. The police send out thousands of notices to drivers suspected of speeding and other offences every year. I.e. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. 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. These cookies track visitors across websites and collect information to provide customized ads. The cookie is used to store the user consent for the cookies in the category "Other. 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. 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. But opting out of some of these cookies may affect your browsing experience. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Thats where they get the names from. The company is happy to pay the fine knowing that the drivers licence is saved. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. IS IT WORTH FIGHTING ON THESE GROUNDS? 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. Hi Michael. 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. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. The date on my newly updated V05 document is. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. Stephen. 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. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. What happens if you're caught speeding? Thanks! A section 172 notice will also accompany the NIP. Cases of perverting the course of justice must be dealt with in the Crown Court. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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? 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. Maybe you have decided to go along without a lawyer. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. Fees may be payable depending on your final choice of financial product. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Conviction for failing to provide driver details. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. I may be able to dissuade the police from taking the matter further. Does this make any difference? 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. The police will write to the false person who is overseas. Stephen, Hi Stephen I have received an NIP. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. If the recipient fails to respond, or if they were to write . Speeding ticket sent to wrong address after 14days | Legal matters ), You received a verbal warning instead and wont receive a NIP. 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. The police frequently get details of drivers from the national insurance database. Their evidence will be tested at trial. Hull Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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. Please enable Javascript to view this webpage. The photograph is a red herring. They have to go to court and lie on oath. The notice of intended prosecution (NIP) was sent to our old company address. Im wondering how best to proceed on what next steps to take? 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. 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. All information was correct at the time of publication. The company still gets fined for failing to provide driver details as well. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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? The told me exactly how to appeal and win. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. 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. Magistrates guidelines often mean that they impose more than three points. 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. This is done by issuing a Notice of Intended Prosecution (NIP). 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 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: Hi Jon I would normally expect an entry and an exit image. 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. 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 . It is a different type of firm enabled by technology and by new ways of working in the justice system. What action should you take? Note, things do change and sometimes we do miss things (were only human! 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. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Regards Matthew. The police send a document to the registered keeper of the vehicle. I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. The problem is,. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. Whilst it is listed as an option, I feel within my rights to use the option. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. It is simply to notify that the police may take action. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The police send out a requirement to provide driver information. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Come back to me if you would like my help with this matter. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The driver ends up with a fixed penalty for three points or a court case instead. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. I was informed that I should notify them to change it so I can register. 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. The matter will be referred to the magistrates . document.addEventListener('wpcf7mailsent', function (event) { Speeding | Metropolitan Police In some circumstances, you might have a legitimate reason not to pay a fine. However, there are some exceptions. It is only there to identify the registration of the vehicle, not the driver. 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. 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. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) There are a few ways that this plot can be foiled. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. We are so confused, we dont know what to do. 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. What do I do with the NIP after it has missed the 14 days ? 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? 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. 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. Bristol 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 are not the registered keeper there is no time limit. 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence 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. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. How to Properly Deal with a Notice of Intended Prosecution 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. The question of a conviction appearing on your criminal record is complicated. Wed never recommend ignoring a notice of intended prosecution. ), so its important that you read the terms of any products that youre considering before you apply. Written confirmation is being sent to you in order to confirm that no further action will be taken. 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. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. 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. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. They fill in the notice with the false details. a red light); careless driving; There are a number of reasons why you may not have been issued a notice in the post within 14 days. Privacy Policy. 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. They will get six points and a fine all of their own. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. But it isnt necessary for the police to provide them at the fixed penalty stage. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. About Us Seeherefor details about our law firm. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. 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. Our team fact-checks content to ensure accuracy at the time of writing. For example, the keeper nominates her husband and the driver on the photograph is a woman. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. All advice gratefully appreciated. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Evidence will be required before a driver can be prosecuted for speeding. Thanks, Hi Scott. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. 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. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Not only is it wrong to break the law it could land you with a prison sentence. 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. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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 arent the registered vehicle keeper. I have now received a follow up letter which says a copy of the charge was sent within . The Notice of Intended Prosecution comes before the actual speeding fine. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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). The prosecutor could also put a charge of failing to provide driver details. You can find out more by contacting MoneyHelper.