Do you think I have a valid case to void my impending alleged conviction. Necessary cookies are absolutely essential for the website to function properly. All rights reserved. The police send out thousands of notices to drivers suspected of speeding and other offences every year. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. What action should you take? 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 question of a conviction appearing on your criminal record is complicated. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. The told me exactly how to appeal and win. The police have up to six months to issue you with a speeding fine. Notice of Intended Prosecution. There might be a photograph from the speed camera showing some detail of the driver. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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). Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . These cookies will be stored in your browser only with your consent. 03301116074. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Can I just leave this to go away? Based in England. That is not a valid defence and it cant be argued in court. Notice Of Intended Prosecution: What Next? You may have heard that if you get a speeding ticket through the post. The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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. 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 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. 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. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. Does this make any difference? However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Your email address will not be published. For more information, please see our The criminal record is not the only thing that you might need to think about. About Us Seeherefor details about our law firm. Hi Bryony Thanks for getting in touch. so obviously he cant complete the NIP form so what will happen next? 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? Offer you a conditional fixed penalty, which is three points and 100 fine . 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. the speeding ticket. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Speeding fine received after 14 days what does this mean for you? Written confirmation is being sent to you in order to confirm that no further action will be taken. The company simply ignores the notice. Stephen. 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. Home> Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Sorry to hear about what has happened. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Receiving a notice of intended prosecution might send you into a panic. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. Thats when MoneyNerd was born. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. We are so confused, we dont know what to do. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Stephen, Hi Stephen I have received an NIP. If you are not the registered keeper there is no time limit. London This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. This cookie is set by GDPR Cookie Consent plugin. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. They make sure that the envelope is sent by registered post. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. If you think that you have a legitimate defence get some advice before you make things worse. What can we do please? The company receives the notice from the police requiring the details of the driver. Loss of opportunity to do a course or accept a fixed penalty. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. Regards Timothy Bradshaw. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Chelmsford I have now received a follow up letter which says a copy of the charge was sent within . With a recent 3 points accepted and 3 points dropping off in Dec 2019. Stephen. What can I claim for in a personal injury case? This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. And they were all within the space of 15 minutes. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Their evidence will be tested at trial. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. Will a driving conviction appear on my criminal record? This website uses cookies to improve your experience while you navigate through the website. 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. This satisfies the Notice of Intended Prosecution rules. 0333 443 2366 Mobile friendly number. Their case is at court. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. That person may not be insured. 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. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. You could try Michael Lyon Solicitors in Glasgow. It is a different type of firm enabled by technology and by new ways of working in the justice system. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Privacy Policy. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Is the NIP validly issued and/or validly served? 3. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. But a company cant get penalty points. 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. 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. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. If the registered keeper says that they were driving, the police go on to look at the offence, they might: ), You received a verbal warning instead and wont receive a NIP. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. 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 have to go to court and lie on oath. An unsigned document is not valid evidence. Not to be confused with genuine cases where someone did not receive the notice in the post. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. 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. In 2015 I set up Stephen Oldham Solicitors. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. It is simply to notify that the police may take action. What is a Notice of Intended Prosecution? Conviction for failing to identify the driver. The police didnt serve the NIP in time. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. In many circumstances council fines are not enforceable. You probably are give me a call if you would like to discuss in more detail. Youll then have 28 days to accept the fine and potential penalty points. 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. As a result we've received it some seven weeks late. You have a legal obligation to respond to a NIP which is addressed to you. The Notice of Intended Prosecution comes before the actual speeding fine. The company still gets fined for failing to provide driver details as well. 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. 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. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. 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. Trademark No: UK00003340161. Cardiff 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 Paul. Avoiding a ban for drink driving is not easy. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Evidence will be required before a driver can be prosecuted for speeding. Fees may be payable depending on your final choice of financial product. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. They can refer to the reminder at court. The vehicle information is correct. Bradford Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. The Notice of Intended Prosecution arrived after 14 days When a driver has been going just over the speed limit the police offer them a speed awareness course. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. We often link to other websites, but we can't be responsible for their content. if (window.fbq) { window.fbq('track', 'Lead'); } 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. But it isnt necessary for the police to provide them at the fixed penalty stage. Stephen. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Speeding, Notice of Intended prosecution 4 months late. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Please enable Javascript to view this webpage. Sometimes this is called giving your points to someone else. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. The notice has to be sent to the registered address on the V5 within 14 days. You may have heard that if you get a speeding ticket through the post. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. ), so its important that you read the terms of any products that youre considering before you apply. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). This cookie is set by GDPR Cookie Consent plugin. Is the speed alleged on the NIP an average over two or more points or at a single point? If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. A section 172 notice will also accompany the NIP. What do I do with the NIP after it has missed the 14 days ? Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention).