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. We are so confused, we dont know what to do. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Patterson Law Limited is a law firm authorised and regulated by the. They will need to confirm either that they were driving or confirm the details of who was driving. Fines and costs are always more than 100 at court. Notice of proposed driving disqualification. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. a red light); careless driving; 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. Notice Of Intended Prosecution: What Next? 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. 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 cookie is used to store the user consent for the cookies in the category "Performance". Conviction for failing to provide driver information. 3. And they were all within the space of 15 minutes. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. But lying during the process will be a disaster. This one isnt so much as a scam as a mis-understanding of the law. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). If the registered keeper says that they were driving, the police go on to look at the offence, they might: A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. However, the most important thing is to stay calm and deal with the situation at hand. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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). I received this notice in the post today 15/06/2021! }); 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. You arent the registered vehicle keeper. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. 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. As a result we've received it some seven weeks late. Notice of intended prosecution sent to wrong address - Page 1 - Speed Ranked in the top 20 law firms by Trustpilot. 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. 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. Notice of intended prosecution loopholes and how they can backfire 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. 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. Liverpool What can we do please? 2. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. The police have up to six months to issue you with a speeding fine. DVLA give the name and address of the registered keeper to the police. Is there a defence for this? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Is the NIP validly issued and/or validly served? The company is happy to pay the fine knowing that the drivers licence is saved. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. What action should you take? I have received a NIP in the post regarding speeding and theyve got my name wrong. 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. Yes. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. The NIP has to be served on the registered keeper within 14 days. The Notice of Intended Prosecution arrived after 14 days All information was correct at the time of publication. Can I reject a speeding ticket after 14 days? | The Irish Sun The question of a conviction appearing on your criminal record is complicated. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. The Notice of Intended Prosecution comes before the actual speeding fine. 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 owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. For more information, please see our I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. ICO No: ZB338550. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Firstly I currently have 6 points on my licence. 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. Plus, a document called a Section 172 notice. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Is there a requirement for warning signs to be in place in and around the location of the speed check? That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Cookie Notice Dispute a Notice of Intended Prosecution (NIP). The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Offer you a conditional fixed penalty, which is three points and 100 fine . 18:28, 18:38, 18:43 time wise. The police frequently get details of drivers from the national insurance database. All advice gratefully appreciated. The magistrates might decide that there is enough evidence anyway. 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. Stephen. 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. Cardiff When should a Fixed Penalty Notice be received? Road Traffic - Summary Offences | The Crown Prosecution Service The problem is,. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Speeding Fines, Tickets And Penalties Explained - Which? I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. Speeding | Metropolitan Police If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. But, this isnt true for all cases. 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. Trademark No: UK00003340161. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? 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. Police often keep logs of returned mail. 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. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. When a driver has been going just over the speed limit the police offer them a speed awareness course. By clicking Accept, you consent to the use of ALL the cookies. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. What should i do? We do this from the outset of your case and throughout its duration. Is this charge enforceable? Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. That is not a valid defence and it cant be argued in court. Not only is it wrong to break the law it could land you with a prison sentence. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Please give me a call if you would like to discuss the case in more detail. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Hope this helps. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. There might be a photograph from the speed camera showing some detail of the driver. But above all it is not worth the risk. What happens if you're caught speeding? There are circumstances where you may not have received the NIP within 14 . 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea.

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