Bradford As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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. The cookie is used to store the user consent for the cookies in the category "Other. It can be pretty difficult to persuade magistrates that two notices went missing. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Not to be confused with genuine cases where someone did not receive the notice in the post. Written confirmation is being sent to you in order to confirm that no further action will be taken. We Will Answer Your Motoring Offence Question Free This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. I have received an NIP for my farther who has sadly passed away. 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 most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. That is not a valid defence and it cant be argued in court. The matter will be referred to the magistrates . The cookie is used to store the user consent for the cookies in the category "Analytics". You probably are give me a call if you would like to discuss in more detail. Come back to me if you would like my help with this matter. Dispute a Notice of Intended Prosecution (NIP). Another case says that an unsigned form does not amount to a reply. Their evidence will be tested at trial. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. 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. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. Hi Matthew There is no such thing as rejecting an NIP. Hi Adrian I would try to get it resolved. 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? Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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? I also note that the prosecution should start within 6 months. What happens next after a Notice Of Prosecution? Its easy to panic if you receive a notice of intended prosecution. All information was correct at the time of publication. 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. This satisfies the Notice of Intended Prosecution rules. Thats when MoneyNerd was born. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Conviction for failing to identify the driver. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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 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. 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). The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. 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. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. It states that only the name on the form can fill it it in? Required fields are marked *. Stephen. I received this notice in the post today 15/06/2021! CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. It does not store any personal data. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Avoiding a ban for drink driving is not easy. However, there are some exceptions. Birmingham Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. Yes. 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. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Such a warning is normally known as a "notice of intended prosecution", or NIP. The defence at court is that there is no evidence of who was driving. Im wondering how best to proceed on what next steps to take? They then dont accept a fixed penalty or a course and take the case to court. If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. IS IT WORTH FIGHTING ON THESE GROUNDS? Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. 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. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. Police post rooms should keep a log of suspicious letters. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. Offer you a conditional fixed penalty, which is three points and 100 fine . 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. 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? This is done by issuing a Notice of Intended Prosecution (NIP). 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. Your email address will not be published. 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. 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. When should a Fixed Penalty Notice be received? Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. What can we do please? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. There might be a photograph from the speed camera showing some detail of the driver. Hi Rich. 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. 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? I have now received a follow up letter which says a copy of the charge was sent within . Whilst it is listed as an option, I feel within my rights to use the option. 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 . Nottingham If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. What can I claim for in a personal injury case? If the police have sent you a speeding fine what should you do? Note, things do change and sometimes we do miss things (were only human! 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. 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. 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. and our 18:28, 18:38, 18:43 time wise. Hull I have done this and sent the forms back. 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. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. All rights reserved. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. This cookie is set by GDPR Cookie Consent plugin. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. What is a Notice of Intended Prosecution? 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. I was informed that I should notify them to change it so I can register. 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. Will a driving conviction appear on my criminal record? Is it something I should flag to the Met or just reply with the assumption its for me anyway? We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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 the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? The notice may be received several months after the alleged offence took place and still be prosecuted. 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. The cookie is used to store the user consent for the cookies in the category "Performance". The NIP must have been received within 14 days since the date of the alleged speeding 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. Stephen. First of all, youll need to respond to the section 172 request to identify the driver. They can accept this or allow the matter to go to court where the fine can become bigger. To see how we use, store and share your contact information you can read our privacy policy. Hi Bryony Thanks for getting in touch. Notice of intended prosecution sent to wrong address. Chelmsford I hope that this information helps. With a recent 3 points accepted and 3 points dropping off in Dec 2019. But lying during the process will be a disaster. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 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 you are stopped by the police, a notice of intended prosecution can be given verbally. 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. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. They tell the magistrates that they did not get the notice in the post, so they could not reply. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. In some circumstances, you might have a legitimate reason not to pay a fine. Certain types of finance are not regulated, such as bridging loans. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Home> 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. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. At MoneyNerd, we are passionate about simplifying finance. They accept that they were driving and go on a course or accept a fixed penalty. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. 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.
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