Grand Isle Ferry Schedule, Articles N

There are circumstances where you may not have received the NIP within 14 . Sometimes the driver/keeper asks the police to send them a photograph. They were 80mph, 80mph, 81mph in 70mph zone. 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 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. Avoiding a ban for drink driving is not easy. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. You can find out more by contacting MoneyHelper. 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. You have a legal obligation to respond to a NIP which is addressed to you. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. 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. These offences are usually caught on camera. Our team fact-checks content to ensure accuracy at the time of writing. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. The keeper must identify the driver unless they are unable to. 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. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Why you might not receive a NIP within 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? Hull The question of a conviction appearing on your criminal record is complicated. 2. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). We are so confused, we dont know what to do. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: The cookie is used to store the user consent for the cookies in the category "Performance". The police frequently get details of drivers from the national insurance database. Wed never recommend ignoring a notice of intended prosecution. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. 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! This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Then they write to the registered keeper again for more details. It is a different type of firm enabled by technology and by new ways of working in the justice system. Slater and Gordon 2023. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. All of the alternatives are worse than simply accepting the original penalty. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. 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. 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. The defective NIP maybe a defence to the Speeder though. Rob Says: It depends! There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? I may be able to dissuade the police from taking the matter further. 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. 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. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The Notice of Intended Prosecution arrived after 14 days 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. But lying during the process will be a disaster. 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. People dont want points on their driving licence, fines or even driving bans. This paragraph should be read in conjunction with 2.202 in cases of accidents. Notice Of Intended Prosecution: What Next? About Us Seeherefor details about our law firm. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! They advised me on how to appeal and gave me everything I needed to make an airtight defence. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. 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. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Magistrates guidelines often mean that they impose more than three points. 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. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. For many people going to court and asking for the shortest ban possible might be the best idea. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. Evidence will be required before a driver can be prosecuted for speeding. The matter will be referred to the magistrates . I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. In the case of more serious offences, the case may be referred to the courts. 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. There might be a photograph from the speed camera showing some detail of the driver. 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 that hasnt happened the prosecutor will want to know why. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 3. IS IT WORTH FIGHTING ON THESE GROUNDS? 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. But it isnt necessary for the police to provide them at the fixed penalty stage. Its easy to panic if you receive a notice of intended prosecution. What action should you take? The police will write to the false person who is overseas. Im wondering how best to proceed on what next steps to take? 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. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. They can accept this or allow the matter to go to court where the fine can become bigger. Speeding charge sent to wrong address . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Notice of intended prosecution loopholes and scams just dont work so dont try them. 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. Speeding fine received after 14 days what does this mean for you? Hi Michael. 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. ), so its important that you read the terms of any products that youre considering before you apply. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. Another case says that an unsigned form does not amount to a reply. This notice is issued by the police soon after the alleged offence has been committed. 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 notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Quite simple. Come back to me if you would like my help with this matter. Caddick Davies can talk you through the options available to you, based on your individual case. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Thats when MoneyNerd was born. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". I am sure that some people do get away with notice of intended prosecution loopholes and scams. That is not a valid defence and it cant be argued in court. All rights reserved. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Hi Rich. The cookies is used to store the user consent for the cookies in the category "Necessary". We Can Help. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Is it something I should flag to the Met or just reply with the assumption its for me anyway? They can prosecute the registered keeper or anyone else who they sent a notice to. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Their case is at court. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Surely this is way too late for them to take any action. By clicking Accept, you consent to the use of ALL the cookies. It can be pretty difficult to persuade magistrates that two notices went missing. I WAS DOING 30 MPH IN A 30 LIMIT. 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 case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. Leeds The police send out a requirement to provide 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. They then dont accept a fixed penalty or a course and take the case to court. 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. I am not saying that anyone should admit to speeding when they didnt do it. Note, things do change and sometimes we do miss things (were only human! Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I also note that the prosecution should start within 6 months. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The notice has to be sent to the registered address on the V5 within 14 days. With a recent 3 points accepted and 3 points dropping off in Dec 2019. There are a number of reasons why you may not have been issued a notice in the post within 14 days. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. You may have heard that if you get a speeding ticket through the post. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Notice of Intended Prosecution. If you were stopped by the police it may have been given verbally. 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. You may have heard that if you get a speeding ticket through the post. 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 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, 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. Make sure that you get proof of postage and keep a copy of your response. Will a driving conviction appear on my criminal record? Newcastle I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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 you are not the registered keeper there is no time limit. If the notice didnt get delivered, then the post office often returns to sender. Liverpool Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Is there a defence for this? I have received an NIP for my farther who has sadly passed away. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. This satisfies the Notice of Intended Prosecution rules. Can I check if there are circumstances including address change that may remove that constraint? Yes. We are so confused, we dont know what to do. London Police post rooms should keep a log of suspicious letters. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. Thats where they get the names from. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. I have just received a Notice of Intended Prosecution for speeding. Fines and costs are always more than 100 at court. What do I do with the NIP after it has missed the 14 days ? I received this notice in the post today 15/06/2021! All advice gratefully appreciated. Is the NIP validly issued and/or validly served? In many circumstances council fines are not enforceable. The consequences are often costlier and more serious than a speed awareness course or three penalty points. This informs you that the police are considering prosecution for an alleged motoring offence. This is quite a complicated area of law. Different bands and the specifics of the incident determine the exact amount youre fined. Thanks, Hi Scott. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Again, remember to take off the day of the alleged offence. 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. 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 To see how we use, store and share your contact information you can read our privacy policy. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. They will need to confirm either that they were driving or confirm the details of who was driving. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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 will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. They accept that they were driving and go on a course or accept a fixed penalty. Id like to know what is classed as evidence when a speed camera is involved. Nottingham I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. What should I do? Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? 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. If you need to discuss the details, give me a call on 03301116074. I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. so obviously he cant complete the NIP form so what will happen next? However, there are some exceptions. 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. 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). Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. 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 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. Membership and partnership organisations home. But above all it is not worth the risk. 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. There are three reasons why you might not receive a NIP within 14 days. Sometimes the registered keeper nominates someone else as the driver. If the recipient fails to respond, or if they were to write . It states that only the name on the form can fill it it in? The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. They make sure that the envelope is sent by registered post. 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 police send a document to the registered keeper of the vehicle. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. A person is charged with failing to provide driver information. Fees may be payable depending on your final choice of financial product. Knowing your rights could help you avoid paying a speeding fine. In this case, you won't have to pay the fine or accept any points on your licence. Based in England. Please give me a call if you would like to discuss the case in more detail. I am now in the 28 days reply period. Some say the police will have other, clearer photos, others are not so sure. 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. 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 . Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. Whilst it is listed as an option, I feel within my rights to use the option. 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 name on the NIP is spelt wrong. 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 done by issuing a Notice of Intended Prosecution (NIP). and our What happens next after a Notice Of Prosecution? 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. Notice of intended prosecution sent to wrong address. 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. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. A notice of intended prosecution is issued by the police. Loss of opportunity to do a course or accept a fixed penalty. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. 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. 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. Newsroom> All information was correct at the time of publication. 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. 03301116074. Trademark No: UK00003340161. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Birmingham 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. Stephen. Is this charge enforceable? DVLA give the name and address of the registered keeper to the police. Conviction for failing to provide driver details. We Will Answer Your Motoring Offence Question Free The defence at court is that there is no evidence of who was driving.