Sorry to hear about what has happened. 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. First of all, youll need to respond to the section 172 request to identify the driver. The date on my newly updated V05 document is. The NIP must have been received within 14 days since the date of the alleged speeding offence. They dont receive a reply due to the fact that they dont exist. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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? 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. All information was correct at the time of publication. Dispute a Notice of Intended Prosecution (NIP). They can accept this or allow the matter to go to court where the fine can become bigger. Hi Adrian I would try to get it resolved. Stephen, Hi Stephen I have received an NIP. They accept that they were driving and go on a course or accept a fixed penalty. Receiving a notice of intended prosecution might send you into a panic. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Thats when MoneyNerd was born. 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. Have you got any points already? For more information, please see our Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The cookies is used to store the user consent for the cookies in the category "Necessary". This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Caddick Davies can talk you through the options available to you, based on your individual case. 03301116074. They fill in the notice with the false details. Its easy to panic if you receive a notice of intended 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. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. The police dont have to offer 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. 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. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. An unsigned document is not valid evidence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Thanks! For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Birmingham Magistrates guidelines often mean that they impose more than three points. 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. 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. 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. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. 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. We are so confused, we dont know what to do. 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. If you need to discuss the details, give me a call on 03301116074. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. If you are stopped by the police, a notice of intended prosecution can be given verbally. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Sometimes the registered keeper nominates someone else as the driver. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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. They will get six points and a fine all of their own. 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. 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. And they were all within the space of 15 minutes. 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. They then dont accept a fixed penalty or a course and take the case to court. I hope that this information helps. Slater and Gordon 2023. The told me exactly how to appeal and win. Fines and costs are always more than 100 at court. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. This website uses cookies to improve your experience while you navigate through the website. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? Im wondering how best to proceed on what next steps to take? I am sure that some people do get away with notice of intended prosecution loopholes and scams. 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. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. We often link to other websites, but we can't be responsible for their content. This cookie is set by GDPR Cookie Consent plugin. The police send a document to the registered keeper of the vehicle. Speeding fine received after 14 days what does this mean for you? Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. In this case, you won't have to pay the fine or accept any points on your licence. 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. I have sent you an email about your case. 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. Membership and partnership organisations home. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Not to be confused with genuine cases where someone did not receive the notice in the post. Conviction for failing to provide driver information. People dont want points on their driving licence, fines or even driving bans. 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. They can prosecute the registered keeper or anyone else who they sent a notice to. Notice of Intended Prosecution by Pete / CC BY. 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? reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) I hope that it is obvious. The notice has to be sent to the registered address on the V5 within 14 days. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. What action should you take? 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The driver ends up with a fixed penalty for three points or a court case instead. They go to extraordinary lengths to avoid justice. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to 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 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. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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. I am now in the 28 days reply period. Some say the police will have other, clearer photos, others are not so sure. 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 evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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 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. If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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. Please enable Javascript to view this webpage. That is not a valid defence and it cant be argued in court. 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 . Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. A person is charged with failing to provide driver information. The defective NIP maybe a defence to the Speeder though. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Privacy Policy. Our team fact-checks content to ensure accuracy at the time of writing. If the police have sent you a speeding fine what should you do? This is done by issuing a Notice of Intended Prosecution (NIP). Regards Matthew. Why you might not receive a NIP within 14 days. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. The prosecutor could also put a charge of failing to provide driver details. When a driver has been going just over the speed limit the police offer them a speed awareness course. They were 80mph, 80mph, 81mph in 70mph zone. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. 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). I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. If the DVLA record has a current address at the issue date of the V5C, I reckon a. We also use third-party cookies that help us analyze and understand how you use this website. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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. When the keeper gets the notice from the police they reply saying that someone else was driving. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 3. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. 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. 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. Home> 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. 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!
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