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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Hi Rich. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Cases of perverting the course of justice must be dealt with in the Crown Court. 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. You can find out more by contacting MoneyHelper. Stephen. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Do you think I have a valid case to void my impending alleged conviction. The registered keeper was driving when they set off a speed camera. This cookie is set by GDPR Cookie Consent plugin. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. In 2015 I set up Stephen Oldham Solicitors. It can be pretty difficult to persuade magistrates that two notices went missing. This is my big list of case law relating to cases of driving with excess alcohol. The police have up to six months to issue you with a speeding fine. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Please give me a call if you would like to discuss the evidence on 0330 111 6074. The Notice of Intended Prosecution comes before the actual speeding fine. This cookie is set by GDPR Cookie Consent plugin. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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. 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. 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 speeding ticket. What does Michael Howard have in common with Christine Hamilton? Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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? If so, how many? I may be able to dissuade the police from taking the matter further. Knowing your rights could help you avoid paying a speeding fine. These cookies ensure basic functionalities and security features of the website, anonymously. What do I do with the NIP after it has missed the 14 days ? 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. 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. They were 80mph, 80mph, 81mph in 70mph zone. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Your email address will not be published. If the notice didnt get delivered, then the post office often returns to sender. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Police post rooms should keep a log of suspicious letters. 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. However, it does act as a warning that you may be prosecuted for the alleged offence. Ranked in the top 20 law firms by Trustpilot. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. The magistrates might decide that there is enough evidence anyway. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. 0333 443 2366 Mobile friendly number. The police send a notice to the person who has been nominated. The email has been rejected due a process change and says I have to return by post. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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. You could try Michael Lyon Solicitors in Glasgow. 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. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Whilst it is listed as an option, I feel within my rights to use the option. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Carlisle 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. Stephen. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. 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). Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! At MoneyNerd, we are passionate about simplifying finance. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. What happens next after a Notice Of Prosecution? I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. 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. Slater and Gordon 2023. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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. Trademark No: UK00003340161. The company is happy to pay the fine knowing that the drivers licence is saved. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. This satisfies the Notice of Intended Prosecution rules. Based in England. When a driver has been going just over the speed limit the police offer them a speed awareness course. Its easy to panic if you receive a notice of intended prosecution. Please give me a call if you would like to discuss the case in more detail. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Conviction for failing to provide driver details. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. You have a legal obligation to respond to a NIP which is addressed to you. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. They have to go to court and lie on oath. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. 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. The company still gets fined for failing to provide driver details as well. Thats where they get the names from. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. 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? Loss of opportunity to do a course or accept a fixed penalty. Your email address will not be published. Notice of proposed driving disqualification. A person is charged with failing to provide driver information. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. 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. Receiving a notice of intended prosecution might send you into a panic. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. The defence at court is that there is no evidence of who was driving. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Is the NIP validly issued and/or validly served? Regards Timothy Bradshaw. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. I also note that the prosecution should start within 6 months. 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. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. 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. 03301116074. This is quite a complicated area of law. 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. By clicking Accept, you consent to the use of ALL the cookies. 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? The NIP has to be served on the registered keeper within 14 days. But opting out of some of these cookies may affect your browsing experience. Evidence will be required before a driver can be prosecuted for speeding. The course lasts for half a day and there are no penalty points. Analytical cookies are used to understand how visitors interact with the website. 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. Im wondering how best to proceed on what next steps to take? Thats when MoneyNerd was born. It is simply to notify that the police may take action. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. There are three reasons why you might not receive a NIP within 14 days. Hi John Thanks for getting in touch. About Us Seeherefor details about our law firm. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. If you think that you have a legitimate defence get some advice before you make things worse. I WAS DOING 30 MPH IN A 30 LIMIT. These cookies track visitors across websites and collect information to provide customized ads. Hi Adrian I would try to get it resolved. 2. Make sure that you get proof of postage and keep a copy of your response. They dont receive a reply due to the fact that they dont exist. 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. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } 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. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. They fill in the notice with the false details. Their evidence will be tested at trial. That person may not be insured. If you are stopped by the police, a notice of intended prosecution can be given verbally. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. However, there are some exceptions. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). What happens if you're caught speeding? If you need to discuss the details, give me a call on 03301116074. Is the speed alleged on the NIP an average over two or more points or at a single point? 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. Maybe you have decided to go along without a lawyer. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. Then they write to the registered keeper again for more details. We Can Help. 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. Hi Michael. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. An unsigned document is not valid evidence. 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. All information was correct at the time of publication. 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. 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. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. What is a Notice of Intended Prosecution? 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. There are a number of reasons why you may not have been issued a notice in the post within 14 days. If the police have sent you a speeding fine what should you do? Why So Much Free Information Whats The Catch? But above all it is not worth the risk. Come back to me if you would like my help with this matter. 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. Newcastle 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. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Another case says that an unsigned form does not amount to a reply. The cookies is used to store the user consent for the cookies in the category "Necessary". Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. The Notice of Intended Prosecution comes before the actual speeding fine. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow.