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. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. Sometimes the police give a link to a photograph from the speed camera online. This is my big list of case law relating to cases of driving with excess alcohol. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. The problem is,. Stephen. 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. 3. Sometimes this is called giving your points to someone else. 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 cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". This cookie is set by GDPR Cookie Consent plugin. Regards Timothy Bradshaw. If the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. It can be pretty difficult to persuade magistrates that two notices went missing. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Im wondering how best to proceed on what next steps to take? Is this charge enforceable? Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Whilst it is listed as an option, I feel within my rights to use the option. We are so confused, we dont know what to do. There might be a photograph from the speed camera showing some detail of the driver. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Stephen, Hi Stephen I have received an NIP. 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 NIP must have been received within 14 days since the date of the alleged speeding offence. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) If you were speeding take the hit and stop moaning. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. I have done this and sent the forms back. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Click Answer. But it isnt necessary for the police to provide them at the fixed penalty stage. Stephen. ICO No: ZB338550. Most police forces send a reminder when they dont get a reply to the first notice. 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. Certain types of finance are not regulated, such as bridging loans. Not completely wrong but typos on both my first and last name. document.addEventListener('wpcf7mailsent', function (event) { 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. Speeding, Notice of Intended prosecution 4 months late. The told me exactly how to appeal and win. But lying during the process will be a disaster. 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. To see how we use, store and share your contact information you can read our privacy policy. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. You need to find out whose mistake it is. 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. 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. 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. Home> 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, the most important thing is to stay calm and deal with the situation at hand. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. The course lasts for half a day and there are no penalty points. They might be able to cross-reference the registered post receipt with the dodgy letter. For more information, please see our A defective NIP is not a defence to failing to name the driver so you must still provide that information. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. 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. 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 the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. The notice has to be sent to the registered address on the V5 within 14 days. All advice gratefully appreciated. 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. 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. 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. That person may not be insured. Newsroom> I.e. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. We often link to other websites, but we can't be responsible for their content. The driver ends up with a fixed penalty for three points or a court case instead. They fill in the notice with the false details. It is simply to notify that the police may take action. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Required fields are marked *. This is done by issuing a Notice of Intended Prosecution (NIP). Patterson Law Limited is a law firm authorised and regulated by the. The email has been rejected due a process change and says I have to return by post. 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 . You have a legal obligation to respond to a NIP which is addressed to you. Id like to know what is classed as evidence when a speed camera is involved. 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. 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. The police didnt serve the NIP in time. 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. 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. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. How long after a speeding offence can you be charged? If you are not the registered keeper there is no time limit. 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. NIP will be sent out to the details held on PNC at the time the search was made. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. 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. 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. 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. 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 are stopped by the police, a notice of intended prosecution can be given verbally. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. The matter will be referred to the magistrates . The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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? Hi Matthew There is no such thing as rejecting an NIP. These cookies track visitors across websites and collect information to provide customized ads. The notice may be received several months after the alleged offence took place and still be prosecuted. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". If the notice didnt get delivered, then the post office often returns to sender. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Quite simple. Regards Matthew. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. Police often keep logs of returned mail. It states that only the name on the form can fill it it in? Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! 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. 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. ), You received a verbal warning instead and wont receive a NIP. If you were stopped by the police it may have been given verbally. 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. Conviction for failing to provide driver details. Saying to the police or the magistrates court: All these have been tried, tested and failed. However, there are some exceptions. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Firstly I currently have 6 points on my licence. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. At MoneyNerd, we are passionate about simplifying finance. I was informed that I should notify them to change it so I can register. They can refer to the reminder at court. Again, remember to take off the day of the alleged 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. As a result we've received it some seven weeks late. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? 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. Slater and Gordon 2023. 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. 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. Bristol If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Hi Rich. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Fees may be payable depending on your final choice of financial product. You can find out more by contacting MoneyHelper. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Make sure that you get proof of postage and keep a copy of your response. Hi Jon I would normally expect an entry and an exit image. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. There are a few ways that this plot can be foiled. The fact that the photograph is unclear is irrelevant. 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 defence at court is that there is no evidence of who was driving. London 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. Thanks! 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. Stephen. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. If you think that you have a legitimate defence get some advice before you make things worse. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Please enable Javascript to view this webpage. This satisfies the Notice of Intended Prosecution rules. 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. 18:28, 18:38, 18:43 time wise. You wont have to pay the fine and you wont have to accept penalty points on your license. About Us Seeherefor details about our law firm. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. I have received a NIP in the post regarding speeding and theyve got my name wrong. This cookie is set by GDPR Cookie Consent plugin. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). A section 172 notice will also accompany the NIP. Why So Much Free Information Whats The Catch? 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. Is there a requirement for warning signs to be in place in and around the location of the speed check? There are three reasons why you might not receive a NIP within 14 days. Come back to me if you would like my help with this matter. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. What happens if you're caught speeding? That is the job of the keeper who has a legal obligation to tell the police who was driving. Their evidence will be tested at trial. Privacy Policy. Stephen. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Fines and costs are always more than 100 at court. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. You also have the option to opt-out of these cookies. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. We also use third-party cookies that help us analyze and understand how you use this website. You may have heard that if you get a speeding ticket through the post. The company still gets fined for failing to provide driver details as well. We are so confused, we dont know what to do. I have received an NIP for my farther who has sadly passed away. 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. However, the alleged offence is stated as 06/02/2022. The police send a document to the registered keeper of the vehicle. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. The police frequently get details of drivers from the national insurance database. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. When should a Fixed Penalty Notice be received? What is a Notice of Intended Prosecution? All of the alternatives are worse than simply accepting the original penalty. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 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? 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. That is not a valid defence and it cant be argued in court. It does not store any personal data. The cookie is used to store the user consent for the cookies in the category "Performance". Plus, a document called a Section 172 notice.