It states that only the name on the form can fill it it in? A defective NIP is not a defence to failing to name the driver so you must still provide that information. 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. The cookie is used to store the user consent for the cookies in the category "Other. What Happens Next After Notice Of Prosecution? - Slater and our I am sure that some people do get away with notice of intended prosecution loopholes and scams. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. I WAS DOING 30 MPH IN A 30 LIMIT. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Will a driving conviction appear on my criminal record? Speeding penalties - GOV.UK They can refer to the reminder at court. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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. If the police have sent you a speeding fine what should you do? 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. Your email address will not be published. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. Why you might not receive a NIP within 14 days. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. How long after a speeding offence can you be charged? Speeding offences | Northamptonshire Police Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. 3. Notice of Intended Prosecution - Driving Test Tips 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. They make sure that the envelope is sent by registered post. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. In this case, you won't have to pay the fine or accept any points on your licence. We Can Help. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Newsroom> The email has been rejected due a process change and says I have to return by post. 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). 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. 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. How do I challenge this charge. 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. 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. All advice gratefully appreciated. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. I have received a Notice of Intended Prosecution what should I do At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 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. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. NIP will be sent out to the details held on PNC at the time the search was made. 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. We are so confused, we dont know what to do. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. I also note that the prosecution should start within 6 months. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Most speeding cases end up with a fixed penalty for three points and 100. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Im wondering how best to proceed on what next steps to take? However I was not in that area at the time. The driver ends up with a fixed penalty for three points or a court case instead. When a driver has been going just over the speed limit the police offer them a speed awareness course. 2. 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. Can I reject a speeding ticket after 14 days? | The Sun This paragraph should be read in conjunction with 2.202 in cases of accidents. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Not completely wrong but typos on both my first and last name. Fees may be payable depending on your final choice of financial product. Editor, Marcus Herbert. Saying to the police or the magistrates court: All these have been tried, tested and failed. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. As a result we've received it some seven weeks late. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Our team fact-checks content to ensure accuracy at the time of writing. 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. 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? Stephen. 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. V5C to wrong address, now notice of intended prosecution The problem is,. Sometimes the police give a link to a photograph from the speed camera online. Membership and partnership organisations home. You may have heard that if you get a speeding ticket through the post. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. They go to extraordinary lengths to avoid justice. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. They dont receive a reply due to the fact that they dont exist. It does not store any personal data. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Evidence will be required before a driver can be prosecuted for speeding. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! These records are based upon the address recorded on the registration certificate for the vehicle. Maybe you have decided to go along without a lawyer. I have just received a Notice of Intended Prosecution for speeding. Nottingham Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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 didnt serve the NIP in time. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. 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. 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. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. At MoneyNerd, we are passionate about simplifying finance. 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. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. What action should you take? Privacy Policy. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. All rights reserved. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. It is simply to notify that the police may take action. Speeding | Metropolitan Police Notice of Intended Prosecution (NIP) - Motor Lawyers That person may not be insured. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. It can be pretty difficult to persuade magistrates that two notices went missing. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. People dont want points on their driving licence, fines or even driving bans. 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. Liverpool Offer you a speed awareness course, which will result in no points being endorsed on your licence. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Please enable Javascript to view this webpage. 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. 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 happens if I don't receive a NIP after 14 days? Based in England. Its easy to panic if you receive a notice of intended prosecution. Speeding, Notice of Intended prosecution 4 months late