Notice of Intended Prosecution by Pete / CC BY. Required fields are marked *. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. These records are based upon the address recorded on the registration certificate for the vehicle. About Us Seeherefor details about our law firm. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. I hope that it is obvious. The 14-Day Rule for Notices of Intended Prosecution - Loophole or The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. That person may not be insured. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. This cookie is set by GDPR Cookie Consent plugin. Plus, a document called a Section 172 notice. If you were speeding take the hit and stop moaning. They advised me on how to appeal and gave me everything I needed to make an airtight defence. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Not completely wrong but typos on both my first and last name. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? 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. Not to be confused with genuine cases where someone did not receive the notice in the post. Home> Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Notice Of Intended Prosecution: What Next? | Caddick Davies The vehicle information is correct. Analytical cookies are used to understand how visitors interact with the website. V5C to wrong address, now notice of intended prosecution The police frequently get details of drivers from the national insurance database. 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. Based in England. The cookie is used to store the user consent for the cookies in the category "Other. Hull Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. It does not store any personal data. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. They can refer to the reminder at court. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? But, this isnt true for all cases. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Is the speed alleged on the NIP an average over two or more points or at a single point? Saying to the police or the magistrates court: All these have been tried, tested and failed. Magistrates guidelines often mean that they impose more than three points. 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. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers Regards Matthew. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. The police are under no obligation to identify the driver. The notice may be received several months after the alleged offence took place and still be prosecuted. What do I do with the NIP after it has missed the 14 days ? NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. document.addEventListener('wpcf7mailsent', function (event) { Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 0333 443 2366 Mobile friendly number. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Speeding | Metropolitan Police What action should you take? So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. 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 . The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. It can be pretty difficult to persuade magistrates that two notices went missing. The police will write to the false person who is overseas. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Im wondering how best to proceed on what next steps to take? 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. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. The company is happy to pay the fine knowing that the drivers licence is saved. 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. What happens next after a Notice Of Prosecution? You may have heard that if you get a speeding ticket through the post. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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 notice of intended prosecution (NIP) was sent to our old company address. 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. Speeding Fines, Tickets And Penalties Explained - Which? Hi Rich. With a recent 3 points accepted and 3 points dropping off in Dec 2019. 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. Chelmsford Not only is it wrong to break the law it could land you with a prison sentence. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. It states that only the name on the form can fill it it in? , High Court clarifies the law in 2019 on using a mobile phone whilst driving. 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 am sure that some people do get away with notice of intended prosecution loopholes and scams. All rights reserved. What should i do? Patterson Law Limited is a law firm authorised and regulated by the. Privacy Policy. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Your email address will not be published. If you are stopped by the police, a notice of intended prosecution can be given verbally. Conviction for failing to identify the driver. Will a driving conviction appear on my criminal record? New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. What action should you take? 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Notice of proposed driving disqualification. 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 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. Again, remember to take off the day of the alleged offence. Offer you a conditional fixed penalty, which is three points and 100 fine . 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. 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. 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. Click Answer. ), so its important that you read the terms of any products that youre considering before you apply. What Happens Next After Notice Of Prosecution? - Slater What should I do? I have just received a Notice of Intended Prosecution for speeding. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Do you think I have a clear argument for it? Fees may be payable depending on your final choice of financial product. I have done this and sent the forms back. 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. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Stephen. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. In many circumstances council fines are not enforceable. 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. 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. Fixed Penalty Notices: all you need to know | RAC Drive This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. The NIP must have been received within 14 days since the date of the alleged speeding offence. But it isnt necessary for the police to provide them at the fixed penalty stage. But a company cant get penalty points. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? There might be a photograph from the speed camera showing some detail of the driver. Can I just leave this to go away? Newsroom> Necessary cookies are absolutely essential for the website to function properly. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. That is the job of the keeper who has a legal obligation to tell the police who was driving. 3. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. The police usually send a reminder when they dont get a response the first notice. 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? They will work with you to find the right way forward for your individual case. Police often keep logs of returned mail. Can I reject a speeding ticket after 14 days? | The Sun 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. It is a different type of firm enabled by technology and by new ways of working in the justice system. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. They can prosecute the registered keeper or anyone else who they sent a notice to. }); 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. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. How long after a speeding offence can you be charged? When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. They then dont accept a fixed penalty or a course and take the case to court. Membership and partnership organisations home. 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 in the post regarding speeding and theyve got my name wrong. 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? Reddit and its partners use cookies and similar technologies to provide you with a better experience. In the case of more serious offences, the case may be referred to the courts. Police post rooms should keep a log of suspicious letters. Is there a defence for this? We are so confused, we dont know what to do. Norwich Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. If you want to discuss the case, please give me a call on 07984 436464. 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. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. Hope this helps. Stephen. The NIP has to be served on the registered keeper within 14 days. Stephen. I have now received a follow up letter which says a copy of the charge was sent within . Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. Sometimes the driver/keeper asks the police to send them a photograph. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Dispute a Notice of Intended Prosecution (NIP). The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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? Your email address will not be published. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. London 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. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. They accept that they were driving and go on a course or accept a fixed penalty. Conviction for perverting the course of justice. 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 a red light); careless driving; Speeding charge sent to wrong address . The cookie is used to store the user consent for the cookies in the category "Analytics". I have sent you an email about your case. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Conviction for failing to provide driver details. 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. 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. 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. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Notice of intended prosecution sent to wrong address - Page 1 - Speed 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? By clicking Accept, you consent to the use of ALL the cookies. Notice of intended prosecution sent to wrong address. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. However, there are some exceptions. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. The police send a document to the registered keeper of the vehicle. 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. In this case, you won't have to pay the fine or accept any points on your licence. The Notice of Intended Prosecution arrived after 14 days This satisfies the Notice of Intended Prosecution rules. Usually the identity of the driver comes out of the process and they are dealt with. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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. This one isnt so much as a scam as a mis-understanding of the law. 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. Whilst it is listed as an option, I feel within my rights to use the option. 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. 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. Thats when MoneyNerd was born. All advice gratefully appreciated. Cardiff 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. Stephen. Evidence will be required before a driver can be prosecuted for speeding. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. 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? The prosecutor could also put a charge of failing to provide driver details. These offences are usually caught on camera. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Cases of perverting the course of justice must be dealt with in the Crown Court. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. 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. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } V5C to wrong address, now notice of intended prosecution The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. All information was correct at the time of publication. 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.