If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. ), You received a verbal warning instead and wont receive a NIP. They dont receive a reply due to the fact that they dont exist. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. However I was not in that area at the time. The defective NIP maybe a defence to the Speeder though. This will indicate when DVLA actually updated their records. Different bands and the specifics of the incident determine the exact amount youre fined. You may have heard that if you get a speeding ticket through the post. Most police forces send a reminder when they dont get a reply to the first notice. An unsigned document is not valid evidence. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. If the recipient fails to respond, or if they were to write . What happens if you're caught speeding? In this case, you won't have to pay the fine or accept any points on your licence. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Is it something I should flag to the Met or just reply with the assumption its for me anyway? First of all, youll need to respond to the section 172 request to identify the driver. 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. Manchester Have you got any points already? Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Why you might not receive a NIP within 14 days. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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 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? The photograph is a red herring. Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. If you are not the registered keeper there is no time limit. We Can Help. London Some say the police will have other, clearer photos, others are not so sure. 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? Not completely wrong but typos on both my first and last name. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. Wed never recommend ignoring a notice of intended prosecution. Editor, Marcus Herbert. Membership and partnership organisations home. 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). Notice of intended prosecution sent to wrong address - Page 1 - Speed They accept that they were driving and go on a course or accept a fixed penalty. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. 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). The Notice of Intended Prosecution comes before the actual speeding fine. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? I am now in the 28 days reply period. Notice of Intended Prosecution (NIP) - Motor Lawyers The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. The police are under no obligation to identify the driver. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Hi Mark Give me a call if you want some advice about this question. You wont have to pay the fine and you wont have to accept penalty points on your license. I have just received a Notice of Intended Prosecution for speeding. Our team fact-checks content to ensure accuracy at the time of writing. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. 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. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Based in England. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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? 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. 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. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers This website uses cookies to improve your experience while you navigate through the website. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . 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? Please give me a call if you would like to discuss the case in more detail. 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. 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. IS IT WORTH FIGHTING ON THESE GROUNDS? Stephen. This informs you that the police are considering prosecution for an alleged motoring offence. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Can I reject a speeding ticket after 14 days? | The Sun Notice of intended prosecution sent to wrong address. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. With a recent 3 points accepted and 3 points dropping off in Dec 2019. 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. 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. Stephen, Hi Stephen I have received an NIP. 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. These cookies will be stored in your browser only with your consent. The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). 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 registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. 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. so obviously he cant complete the NIP form so what will happen next? Hope this helps. The consequences are often costlier and more serious than a speed awareness course or three penalty points. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. 03301116074. 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. 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. 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. Stephen. A defective NIP is not a defence to failing to name the driver so you must still provide that information. 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. 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. If you need to discuss the details, give me a call on 03301116074. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Loss of opportunity to do a course or accept a fixed penalty. The cookies is used to store the user consent for the cookies in the category "Necessary". Thanks! New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Cookie Notice 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. 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 . A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. The question of a conviction appearing on your criminal record is complicated. Speeding, Notice of Intended prosecution 4 months late. What can we do please? If that hasnt happened the prosecutor will want to know why. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 18:28, 18:38, 18:43 time wise. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. What should I do? In extreme cases conviction for perverting the course of justice. Is the speed alleged on the NIP an average over two or more points or at a single point? and our 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. 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. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. The matter will be referred to the magistrates . If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. 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. At MoneyNerd, we are passionate about simplifying finance. Can I reject a speeding ticket after 14 days? | The Irish Sun 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. ICO No: ZB338550. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. The company receives the notice from the police requiring the details of the driver. The police frequently get details of drivers from the national insurance database. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. 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. But a company cant get penalty points. The course lasts for half a day and there are no penalty points. 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 . I have received an NIP for my farther who has sadly passed away. Hi Rich. Written confirmation is being sent to you in order to confirm that no further action will be taken. 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. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. Sometimes the driver/keeper asks the police to send them a photograph. The vehicle information is correct. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Is this charge enforceable? This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Speeding ticket sent to wrong address after 14days | Legal matters 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. Newcastle They then dont accept a fixed penalty or a course and take the case to court. The registered keeper was driving when they set off a speed camera. 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. 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). Avoiding a ban for drink driving is not easy. The cookie is used to store the user consent for the cookies in the category "Other. Does this make any difference? I have received a NIP in the post regarding speeding and theyve got my name wrong. This is to notify them how much they have been fined and if penalty points will be added to their license. 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 NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). V5C to wrong address, now notice of intended prosecution 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. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. 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. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. That is the job of the keeper who has a legal obligation to tell the police who was driving. Will a driving conviction appear on my criminal record? Their evidence will be tested at trial. Im wondering how best to proceed on what next steps to take? 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. Note, things do change and sometimes we do miss things (were only human! There are circumstances where you may not have received the NIP within 14 . When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. It is a different type of firm enabled by technology and by new ways of working in the justice system. Hi Jon I would normally expect an entry and an exit image. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. I hope that this information helps. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. 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. To see how we use, store and share your contact information you can read our privacy policy. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Not to be confused with genuine cases where someone did not receive the notice in the post. The company is happy to pay the fine knowing that the drivers licence is saved. The told me exactly how to appeal and win. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers if (window.fbq) { window.fbq('track', 'Lead'); } The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. What can I claim for in a personal injury case? 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. 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.

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