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. If you need to discuss the details, give me a call on 03301116074. the speeding ticket. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } There are circumstances where you may not have received the NIP within 14 . I.e. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Youll then have 28 days to accept the fine and potential penalty points. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. That is not a valid defence and it cant be argued in court. Most speeding cases end up with a fixed penalty for three points and 100. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. 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. Whilst it is listed as an option, I feel within my rights to use the option. Carlisle These offences are usually caught on camera. 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. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. 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. Come back to me if you would like my help with this matter. Road Traffic - Summary Offences | The Crown Prosecution Service A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. If you are stopped by the police, a notice of intended prosecution can be given verbally. 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. 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 police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Hope this helps. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. The prosecutor could also put a charge of failing to provide driver details. 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. 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. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. It states that only the name on the form can fill it it in? I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. When a driver has been going just over the speed limit the police offer them a speed awareness course. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Wed never recommend ignoring a notice of intended prosecution. 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. Speeding ticket sent to wrong address after 14days | Legal matters This would not prevent the police from sending the case to court. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. They will work with you to find the right way forward for your individual case. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Loss of opportunity to do a course or accept a fixed penalty. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. When should a Fixed Penalty Notice be received? If the recipient fails to respond, or if they were to write . As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. You can find out more by contacting MoneyHelper. I hope that this information helps. What should I do? Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Thanks, Hi Scott. If so, how many? However, it does act as a warning that you may be prosecuted for the alleged offence. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) This is to notify them how much they have been fined and if penalty points will be added to their license. IS IT WORTH FIGHTING ON THESE GROUNDS? The defence at court is that there is no evidence of who was driving. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. If you think that you have a legitimate defence get some advice before you make things worse. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Stephen, Hi Stephen I have received an NIP. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. What happens if I don't receive a NIP after 14 days? These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Notice of Intended Prosecution. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. For many people going to court and asking for the shortest ban possible might be the best idea. The consequences are often costlier and more serious than a speed awareness course or three penalty points. They accept that they were driving and go on a course or accept a fixed penalty. Again, remember to take off the day of the alleged offence. This website uses cookies to improve your experience while you navigate through the website. 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. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. 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 . There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Not completely wrong but typos on both my first and last name. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The police have up to six months to issue you with a speeding fine. 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. Quite simple. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. And they were all within the space of 15 minutes. If the notice didnt get delivered, then the post office often returns to sender. Offer you a conditional fixed penalty, which is three points and 100 fine . Stephen. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. These cookies track visitors across websites and collect information to provide customized ads. Speeding | Merseyside Police I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. 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. Privacy Policy. However I was not in that area at the time. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. The cookie is used to store the user consent for the cookies in the category "Other. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Plus, a document called a Section 172 notice. Do you think I have a valid case to void my impending alleged conviction. If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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. You need to find out whose mistake it is. Conviction for failing to provide driver information. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. I was informed that I should notify them to change it so I can register. The problem is,. V5C to wrong address, now notice of intended prosecution a red light); careless driving; To see how we use, store and share your contact information you can read our privacy policy. Stephen. An unsigned document is not valid evidence. Fixed Penalty Notices: all you need to know | RAC Drive The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. They fill in the notice with the false details. What should i do? 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. Speeding fine received after 14 days what does this mean for you? Speeding, Notice of Intended prosecution 4 months late. I have received a Notice of Intended Prosecution what should I do We Can Help. Thats when MoneyNerd was born. The driver ends up with a fixed penalty for three points or a court case instead. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. But, this isnt true for all cases. ICO No: ZB338550. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. The police dont have to offer a fixed penalty. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. The vehicle information is correct. 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. Hi Rich. However, there are some exceptions. Have you got any points already? They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. Membership and partnership organisations home. Hi Mark Give me a call if you want some advice about this question. Is there a requirement for warning signs to be in place in and around the location of the speed check? 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. It depends! Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. They have to go to court and lie on oath. Is the NIP validly issued and/or validly served? 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. 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. They dont receive a reply due to the fact that they dont exist. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. In extreme cases conviction for perverting the course of justice. Notice of intended prosecution loopholes and how they can backfire You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Stephen. 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. In the case of more serious offences, the case may be referred to the courts. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! These cookies ensure basic functionalities and security features of the website, anonymously. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. ), You received a verbal warning instead and wont receive a NIP. 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. Id like to know what is classed as evidence when a speed camera is involved. The police frequently get details of drivers from the national insurance database. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. This informs you that the police are considering prosecution for an alleged motoring offence. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Notice Of Intended Prosecution: What Next? Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. However, the most important thing is to stay calm and deal with the situation at hand. This paragraph should be read in conjunction with 2.202 in cases of accidents. The police didnt serve the NIP in time. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Notice of Intended Prosecution | Devon and Cornwall Police Dispute a Notice of Intended Prosecution (NIP). MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. Sometimes the police give a link to a photograph from the speed camera online. The police send out a requirement to provide driver information. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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. 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. These offences are usually caught on camera. What action should you take? Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. The course lasts for half a day and there are no penalty points. For further assistance contact us online or call us on 0330 041 5869. If the police have sent you a speeding fine what should you do? How long after a speeding offence can you be charged? I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. Bradford 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. 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. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The NIP must have been received within 14 days since the date of the alleged speeding offence. Chelmsford The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. Can I reject a speeding ticket after 14 days? | The Sun Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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? 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. 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. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. If that hasnt happened the prosecutor will want to know why. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. That person may not be insured. 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. 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. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. We often link to other websites, but we can't be responsible for their content. You arent the registered vehicle keeper. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. Magistrates guidelines often mean that they impose more than three points. First of all, youll need to respond to the section 172 request to identify the driver. The company simply ignores the notice. The name on the NIP is spelt wrong. 03301116074. You may have heard that if you get a speeding ticket through the post. Most police forces send a reminder when they dont get a reply to the first notice. Notice of intended prosecution loopholes and scams just dont work so dont try them. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. I have received an NIP for my farther who has sadly passed away.