I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. This would not prevent the police from sending the case to court. 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. It depends! But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. What happens if I don't receive a NIP after 14 days? 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. The police send a document to the registered keeper of the vehicle. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Stephen. Their evidence will be tested at trial. All information was correct at the time of publication. Not only is it wrong to break the law it could land you with a prison sentence. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Newcastle 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. 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. They were 80mph, 80mph, 81mph in 70mph zone. 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. Newsroom> For example, the keeper nominates her husband and the driver on the photograph is a woman. I am not saying that anyone should admit to speeding when they didnt do it. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. 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. Conviction for failing to provide driver details. Regards Matthew. 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. 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. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Please give me a call if you would like to discuss the case in more detail. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. I.e. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. It is only there to identify the registration of the vehicle, not the driver. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. If you are not the registered keeper there is no time limit. Most police forces send a reminder when they dont get a reply to the first notice. Birmingham I have received a NIP in the post regarding speeding and theyve got my name wrong. The told me exactly how to appeal and win. Does this make any difference? 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 defence at court is that there is no evidence of who was driving. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. They will work with you to find the right way forward for your individual case. The police send out a notice to a suspected driver. They go to extraordinary lengths to avoid justice. Can I just leave this to go away? Click Answer. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. They can prosecute the registered keeper or anyone else who they sent a notice to. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. If youve received a notice of intended prosecution, you may be concerned about the potential implications. These offences are usually caught on camera. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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? The driver ends up with a fixed penalty for three points or a court case instead. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. I also note that the prosecution should start within 6 months. The NIP has to be served on the registered keeper within 14 days. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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. But lying during the process will be a disaster. The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. 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. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. Hi Mark Give me a call if you want some advice about this question. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. DVLA give the name and address of the registered keeper to the police. I have received an NIP for my farther who has sadly passed away. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. Is there a defence for this? Thanks! 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. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. The police usually send a reminder when they dont get a response the first notice. 18:28, 18:38, 18:43 time wise. 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 is a valid defence which is often successfully argued in court. All advice gratefully appreciated. If you were speeding take the hit and stop moaning. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. In many circumstances council fines are not enforceable. You arent the registered vehicle keeper. You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. 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. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. The criminal record is not the only thing that you might need to think about. What can I claim for in a personal injury case? 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. 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. People dont want points on their driving licence, fines or even driving bans. and our Manchester In this case, you won't have to pay the fine or accept any points on your licence. The Notice of Intended Prosecution arrived after 14 days These offences are usually caught on camera. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. What can we do please? 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. They dont receive a reply due to the fact that they dont exist. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Sorry to hear about what has happened. Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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). Notice of intended prosecution loopholes and scams just dont work so dont try them. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. It does not store any personal data. This informs you that the police are considering prosecution for an alleged motoring offence. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. But opting out of some of these cookies may affect your browsing experience. There might be a photograph from the speed camera showing some detail of the driver. Trademark No: UK00003340161. Quite simple. 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 notice of intended prosecution (NIP) was sent to our old company address. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Is the NIP validly issued and/or validly served? These records are based upon the address recorded on the registration certificate for the vehicle. They have to go to court and lie on oath. Come back to me if you would like my help with this matter. Ranked in the top 20 law firms by Trustpilot. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Youll then have 28 days to accept the fine and potential penalty points. 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. The police dont have to offer a fixed penalty. This is my big list of case law relating to cases of driving with excess alcohol. The cookie is used to store the user consent for the cookies in the category "Analytics". You may have heard that if you get a speeding ticket through the post. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. 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. Privacy Policy. This cookie is set by GDPR Cookie Consent plugin. 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. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. They tell the magistrates that they did not get the notice in the post, so they could not reply. 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.

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