You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. We are so confused, we dont know what to do. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Is it something I should flag to the Met or just reply with the assumption its for me anyway? These offences are usually caught on camera. Do you think I have a clear argument for it? Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The magistrates might decide that there is enough evidence anyway. 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). What happens next after a Notice Of Prosecution? Im wondering how best to proceed on what next steps to take? 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. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. That is not a valid defence and it cant be argued in court. I also note that the prosecution should start within 6 months. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. And they were all within the space of 15 minutes. The police dont have to offer a fixed penalty. Whilst it is listed as an option, I feel within my rights to use the option. I WAS DOING 30 MPH IN A 30 LIMIT. The told me exactly how to appeal and win. This informs you that the police are considering prosecution for an alleged motoring offence. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. It can be pretty difficult to persuade magistrates that two notices went missing. 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? 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. Norwich I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Regards Matthew. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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. There are a few ways that this plot can be foiled. However, there are a few situations in which you may not receive a NIP through the post within 14 days. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Thanks, Hi Scott. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. What action should you take? 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. Cookie Notice In 2015 I set up Stephen Oldham Solicitors. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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. We Will Answer Your Motoring Offence Question Free Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 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. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. The cookie is used to store the user consent for the cookies in the category "Other. This cookie is set by GDPR Cookie Consent plugin. Slater and Gordon 2023. These records are based upon the address recorded on the registration certificate for the vehicle. 2. But, this isnt true for all cases. 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 keeper must identify the driver unless they are unable to. Police post rooms should keep a log of suspicious letters. 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. That is a valid defence which is often successfully argued in court. The course lasts for half a day and there are no penalty points. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Notice of Intended Prosecution. Offer you a conditional fixed penalty, which is three points and 100 fine . They fill in the notice with the false details. Receiving a notice of intended prosecution might send you into a panic. Why So Much Free Information Whats The Catch? Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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. Most speeding cases end up with a fixed penalty for three points and 100. The registered keeper was driving when they set off a speed camera. 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. They were 80mph, 80mph, 81mph in 70mph zone. 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. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. Cases of perverting the course of justice must be dealt with in the Crown Court. I may be able to dissuade the police from taking the matter further. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. This will almost certainly be after you'd moved. Have you got any points already? I am sure that some people do get away with notice of intended prosecution loopholes and scams. 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 . The matter will be referred to the magistrates . 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. Birmingham Is the NIP validly issued and/or validly served? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. The company receives the notice from the police requiring the details of the driver. Stephen. Conviction for failing to provide driver information. 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 . Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. 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 can accept this or allow the matter to go to court where the fine can become bigger. DVLA give the name and address of the registered keeper to the police. 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 dont receive a reply due to the fact that they dont exist. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. 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. If you are not the registered keeper there is no time limit. 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. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? The cookie is used to store the user consent for the cookies in the category "Performance". This is my big list of case law relating to cases of driving with excess alcohol. Make sure that you get proof of postage and keep a copy of your response. Your email address will not be published. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. This is done by issuing a Notice of Intended Prosecution (NIP). Always remember anyone can post on the MSE forums, so it can be very different from our opinion. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. We also use third-party cookies that help us analyze and understand how you use this website. Firstly I currently have 6 points on my licence. This satisfies the Notice of Intended Prosecution rules. Hi John Thanks for getting in touch. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Fines and costs are always more than 100 at court. They tell the magistrates that they did not get the notice in the post, so they could not reply. If you want to discuss the case, please give me a call on 07984 436464. Again, remember to take off the day of the alleged offence. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. The Notice of Intended Prosecution comes before the actual speeding fine. Sometimes the registered keeper nominates someone else as the driver. 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. 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? The consequences are often costlier and more serious than a speed awareness course or three penalty points. 3. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Click Answer. What can we do please? Speeding charge sent to wrong address . However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 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. 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. 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. About Us Seeherefor details about our law firm. All information was correct at the time of publication. However, there are some exceptions. Magistrates guidelines often mean that they impose more than three points. All rights reserved. Is this charge enforceable? 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? We Can Help. and our Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. Notice of Intended Prosecution by Pete / CC BY. 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. But opting out of some of these cookies may affect your browsing experience. In the case of more serious offences, the case may be referred to the courts. A notice of intended prosecution is issued by the police. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. When you receive a notice, it does not mean the prosecution will necessarily happen. 0333 443 2366 Mobile friendly number. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer.
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