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. Can I check if there are circumstances including address change that may remove that constraint? We do this from the outset of your case and throughout its duration. Is the NIP validly issued and/or validly served? Sometimes the police give a link to a photograph from the speed camera online. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The police send a notice to the person who has been nominated. For many people going to court and asking for the shortest ban possible might be the best idea. Click Answer. Newsroom> 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. In some circumstances, you might have a legitimate reason not to pay a fine. The police frequently get details of drivers from the national insurance database. They advised me on how to appeal and gave me everything I needed to make an airtight defence. I.e. The police dont have to offer a fixed penalty. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. This is quite a complicated area of law. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. If the DVLA record has a current address at the issue date of the V5C, I reckon a. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. As a result we've received it some seven weeks late. This is done by issuing a Notice of Intended Prosecution (NIP). Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Notice of intended prosecution sent to wrong address. 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. 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. 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. Required fields are marked *. If the recipient fails to respond, or if they were to write . When a driver has been going just over the speed limit the police offer them a speed awareness course. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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! 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. If you are stopped by the police, a notice of intended prosecution can be given verbally. If you think that you have a legitimate defence get some advice before you make things worse. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. Newcastle Stephen. 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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 email has been rejected due a process change and says I have to return by post. They will get six points and a fine all of their own. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. What happens if you're caught speeding? I am not saying that anyone should admit to speeding when they didnt do it. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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. People dont want points on their driving licence, fines or even driving bans. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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? MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. 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. Im wondering how best to proceed on what next steps to take? I hope that this information helps. Offer you a conditional fixed penalty, which is three points and 100 fine . , High Court clarifies the law in 2019 on using a mobile phone whilst driving. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. In extreme cases conviction for perverting the course of justice. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Not completely wrong but typos on both my first and last name. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Cardiff Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Norwich I am now in the 28 days reply period. Can I just leave this to go away? Thats where they get the names from. the speeding ticket. At MoneyNerd, we are passionate about simplifying finance. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Hi John Thanks for getting in touch. 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. About Us Seeherefor details about our law firm. Sometimes this is called giving your points to someone else. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Hi Adrian I would try to get it resolved. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. There are three reasons why you might not receive a NIP within 14 days. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. 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. 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. Carlisle Why you might not receive a NIP within 14 days. Is there a requirement for warning signs to be in place in and around the location of the speed check? The fact that the photograph is unclear is irrelevant. Their evidence will be tested at trial. 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. Maybe you have decided to go along without a lawyer. Come back to me if you would like my help with this matter. We also use third-party cookies that help us analyze and understand how you use this website. Sorry to hear about what has happened. If so, how many? Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. What can we do please? The defence at court is that there is no evidence of who was driving. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Police often keep logs of returned mail. When should a Fixed Penalty Notice be received? The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. The police usually send a reminder when they dont get a response the first notice. 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. 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. If the police have sent you a speeding fine what should you do? As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. However, it does act as a warning that you may be prosecuted for the alleged offence. The criminal record is not the only thing that you might need to think about. However I was not in that area at the time. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. ICO No: ZB338550. This is my big list of case law relating to cases of driving with excess alcohol. I have received an NIP for my farther who has sadly passed away. 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. Home> Is there a defence for this? London Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. You have to respond to say who was driving or you might get 6 points and a fine. Conviction for failing to provide driver information. Membership and partnership organisations home. Regards Rob, Hi Rob. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Conviction for failing to identify the driver. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Not to be confused with genuine cases where someone did not receive the notice in the post. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. Most police forces send a reminder when they dont get a reply to the first notice. They were 80mph, 80mph, 81mph in 70mph zone. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? 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. 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. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? Slater and Gordon 2023. For example, the keeper nominates her husband and the driver on the photograph is a woman. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. In this case, you won't have to pay the fine or accept any points on your licence. Ranked in the top 20 law firms by Trustpilot. 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. 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. Stephen. Police post rooms should keep a log of suspicious letters. Analytical cookies are used to understand how visitors interact with the website. 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. Surely this is way too late for them to take any action. So Its over 3 year now since last course will i be able to book course, i received nip last week but it states i have about 26 days to pay fine? The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. I hope that it is obvious. What is a Notice of Intended Prosecution? It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. I have sent you an email about your case. Bristol I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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 happens next after a Notice Of Prosecution? This informs you that the police are considering prosecution for an alleged motoring offence. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. Magistrates guidelines often mean that they impose more than three points. Privacy Policy. 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. Caddick Davies can talk you through the options available to you, based on your individual case. However, the most important thing is to stay calm and deal with the situation at hand. 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. This cookie is set by GDPR Cookie Consent plugin. Hi Jon I would normally expect an entry and an exit image. The police send out a requirement to provide driver information. This one isnt so much as a scam as a mis-understanding of the law. 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. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. so obviously he cant complete the NIP form so what will happen next? Please enable Javascript to view this webpage. Speeding fine received after 14 days what does this mean for you? 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. No If you need to discuss the details, give me a call on 03301116074. We are so confused, we dont know what to do. 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. Your email address will not be published. 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. 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. If you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. But a company cant get penalty points. But opting out of some of these cookies may affect your browsing experience. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 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. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. That is the job of the keeper who has a legal obligation to tell the police who was driving. Please give me a call if you would like to discuss the case in more detail. Notice of intended prosecution loopholes and scams just dont work so dont try them. 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. 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. I have done this and sent the forms back. Evidence will be required before a driver can be prosecuted for speeding. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. 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. A notice of intended prosecution is issued by the police. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. What can I claim for in a personal injury case? However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. That person may not be insured. 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. Leeds This will indicate when DVLA actually updated their records. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. They will work with you to find the right way forward for your individual case. Conviction for failing to provide driver details. 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. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. 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. Notice of proposed driving disqualification. Speeding, Notice of Intended prosecution 4 months late. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity.