Sometimes the driver/keeper asks the police to send them a photograph. It is only there to identify the registration of the vehicle, not the driver. Can I check if there are circumstances including address change that may remove that constraint? Im wondering how best to proceed on what next steps to take? If you think that you have a legitimate defence get some advice before you make things worse. They have to go to court and lie on oath. They can prosecute the registered keeper or anyone else who they sent a notice to. 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. Manchester Hi Mark Give me a call if you want some advice about this question. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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). Sorry to hear about what has happened. You wont have to pay the fine and you wont have to accept penalty points on your license. If you were stopped by the police it may have been given verbally. Thanks! I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. The police have up to six months to issue you with a speeding fine. Patterson Law Limited is a law firm authorised and regulated by the. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. There are circumstances where you may not have received the NIP within 14 . 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. This would not prevent the police from sending the case to court. The cookies is used to store the user consent for the cookies in the category "Necessary". within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. Not completely wrong but typos on both my first and last name. The police are under no obligation to identify the driver. Why you might not receive a NIP within 14 days. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. 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. You arent the registered vehicle keeper. I am not saying that anyone should admit to speeding when they didnt do it. How long after a speeding offence can you be charged? 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Notice of Intended Prosecution - Driving Test Tips 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. so obviously he cant complete the NIP form so what will happen next? Stephen. The defence at court is that there is no evidence of who was driving. 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. What should I do? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". I may be able to dissuade the police from taking the matter further. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. 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. Their case is at court. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. At MoneyNerd, we are passionate about simplifying finance. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Written confirmation is being sent to you in order to confirm that no further action will be taken. NIP sent to wrong address - can I appeal? - Honest John 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? What is a Notice of Intended Prosecution? Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Name Spelt Wrong On Notice Of Intended Prosecution Fees may be payable depending on your final choice of financial product. Thats where they get the names from. 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. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Sometimes the registered keeper nominates someone else as the driver. 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. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. Your email address will not be published. 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). However, the most important thing is to stay calm and deal with the situation at hand. This is done by issuing a Notice of Intended Prosecution (NIP). 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. Another case says that an unsigned form does not amount to a reply. The police send a notice to the person who has been nominated. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. This satisfies the Notice of Intended Prosecution rules. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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. Nottingham Hi Matthew There is no such thing as rejecting an NIP. 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. This one isnt so much as a scam as a mis-understanding of the law. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. If the notice didnt get delivered, then the post office often returns to sender. You may have heard that if you get a speeding ticket through the post. 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. 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. The keeper must identify the driver unless they are unable to. Birmingham 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. Analytical cookies are used to understand how visitors interact with the website. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. If you want to discuss the case, please give me a call on 07984 436464. 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. Maybe you have decided to go along without a lawyer. When the keeper gets the notice from the police they reply saying that someone else was driving. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The vehicle information is correct. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. And they were all within the space of 15 minutes. Youll then have 28 days to accept the fine and potential penalty points. Whilst it is listed as an option, I feel within my rights to use the option. Police post rooms should keep a log of suspicious letters. They then dont accept a fixed penalty or a course and take the case to court. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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. 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. 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). An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Most speeding cases end up with a fixed penalty for three points and 100. The police will write to the false person who is overseas. These offences are usually caught on camera. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. 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! We are so confused, we dont know what to do. The cookie is used to store the user consent for the cookies in the category "Performance". These records are based upon the address recorded on the registration certificate for the vehicle. 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 . 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. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Stephen, Hi Stephen I have received an NIP. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 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. I have just received a Notice of Intended Prosecution for speeding. 2. Speeding ticket sent to wrong address after 14days | Legal matters The photograph is a red herring. These offences are usually caught on camera. They accept that they were driving and go on a course or accept a fixed penalty. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. 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. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. Notice Of Intended Prosecution: What Next? | Caddick Davies That is the job of the keeper who has a legal obligation to tell the police who was driving. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Newcastle The company is happy to pay the fine knowing that the drivers licence is saved. I have received a NIP in the post regarding speeding and theyve got my name wrong. What should i do? You have to respond to say who was driving or you might get 6 points and a fine. The NIP must have been received within 14 days since the date of the alleged speeding offence. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Click Answer. Does this make any difference? If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. Conviction for failing to provide driver details. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Editor, Marcus Herbert. Stephen. The name on the NIP is spelt wrong. Id like to know what is classed as evidence when a speed camera is involved. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. 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. 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 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. In some circumstances, you might have a legitimate reason not to pay a fine. For example, the keeper nominates her husband and the driver on the photograph is a woman. Surely this is way too late for them to take any action. Regards Rob, Hi Rob. a red light); careless driving; The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Bristol This is to notify them how much they have been fined and if penalty points will be added to their license. The told me exactly how to appeal and win. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. 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. A section 172 notice will also accompany the NIP.
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