Stephen. For example, the keeper nominates her husband and the driver on the photograph is a woman. Trademark No: UK00003340161. 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? In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Bristol We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Your email address will not be published. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. This satisfies the Notice of Intended Prosecution rules. 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. The company is happy to pay the fine knowing that the drivers licence is saved. The prosecutor could also put a charge of failing to provide driver details. Required fields are marked *. Ranked in the top 20 law firms by Trustpilot. 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. Is there a defence for this? 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. Birmingham They can prosecute the registered keeper or anyone else who they sent a notice to. If the registered keeper says that they were driving, the police go on to look at the offence, they might: A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers NIP will be sent out to the details held on PNC at the time the search was made. In 2015 I set up Stephen Oldham Solicitors. There are a number of reasons why you may not have been issued a notice in the post within 14 days. The notice may be received several months after the alleged offence took place and still be prosecuted. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Why So Much Free Information Whats The Catch? This notice is issued by the police soon after the alleged offence has been committed. However, there are some exceptions. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Quite simple. 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. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. 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. Knowing your rights could help you avoid paying a speeding fine. An unsigned document is not valid evidence. The problem is,. 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. If you were stopped by the police it may have been given verbally. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Then they write to the registered keeper again for more details. If you need to discuss the details, give me a call on 03301116074. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. The course lasts for half a day and there are no penalty points. Is there a requirement for warning signs to be in place in and around the location of the speed check? 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. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. This is to notify them how much they have been fined and if penalty points will be added to their license. If the notice didnt get delivered, then the post office often returns to sender. In the case of more serious offences, the case may be referred to the courts. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Notice of Intended Prosecution comes before the actual speeding fine. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Have you got any points already? The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Hi Matthew There is no such thing as rejecting an NIP. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. All of the alternatives are worse than simply accepting the original penalty. Speeding | Metropolitan Police Evidence will be required before a driver can be prosecuted for speeding. 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. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Notice of intended prosecution sent to wrong address - Page 1 - Speed This website uses cookies to improve your experience while you navigate through the website. It states that only the name on the form can fill it it in? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. First of all, youll need to respond to the section 172 request to identify the driver. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. Different bands and the specifics of the incident determine the exact amount youre fined. How do I challenge this charge. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. 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. 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. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com Can I just leave this to go away? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. 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. Will a driving conviction appear on my criminal record? Hi John Thanks for getting in touch. Notice of Intended Prosecution by Pete / CC BY. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. The photograph is a red herring. 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. 3. 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. But a company cant get penalty points. Speeding, Notice of Intended prosecution 4 months late I have now received a follow up letter which says a copy of the charge was sent within . That person may not be insured. But lying during the process will be a disaster. 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. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. Notice of intended prosecution loopholes and how they can backfire 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Another case says that an unsigned form does not amount to a reply. Police often keep logs of returned mail. 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. 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. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. They dont receive a reply due to the fact that they dont exist. Necessary cookies are absolutely essential for the website to function properly. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 03301116074. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Usually the identity of the driver comes out of the process and they are dealt with. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. 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. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd The keeper then has to prove at court that there was insurance cover in place for the nominated driver. IS IT WORTH FIGHTING ON THESE GROUNDS? The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. 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. Rob Says: It depends! Do you think I have a valid case to void my impending alleged conviction. Editor, Marcus Herbert. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. It does not store any personal data. But above all it is not worth the risk. Stephen. 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. Notice of Intended Prosecution (NIP) - Road Traffic If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. This will indicate when DVLA actually updated their records. Stephen. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. 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. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Regards Rob, Hi Rob. Dispute a Notice of Intended Prosecution (NIP). The Notice of Intended Prosecution arrived after 14 days ICO No: ZB338550. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. This paragraph should be read in conjunction with 2.202 in cases of accidents. The cookie is used to store the user consent for the cookies in the category "Analytics". 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 . 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. The Notice of Intended Prosecution comes before the actual speeding fine. All rights reserved. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Please give me a call if you would like to discuss the evidence on 0330 111 6074. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Sometimes this is called giving your points to someone else. 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. MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. 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. 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. But opting out of some of these cookies may affect your browsing experience. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. The cookie is used to store the user consent for the cookies in the category "Other. 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. Most police forces send a reminder when they dont get a reply to the first notice. document.addEventListener('wpcf7mailsent', function (event) { I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. Notice of Intended Prosecution (NIP) - Motor Lawyers A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed.