However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. This would not prevent the police from sending the case to court. The police will write to the false person who is overseas. These records are based upon the address recorded on the registration certificate for the vehicle. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. The NIP has to be served on the registered keeper within 14 days. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". ICO No: ZB338550. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). In 2015 I set up Stephen Oldham Solicitors. Thats when MoneyNerd was born. People dont want points on their driving licence, fines or even driving bans. 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. Make sure that you get proof of postage and keep a copy of your response. These cookies ensure basic functionalities and security features of the website, anonymously. Speeding | Metropolitan Police The problem is,. Slater and Gordon 2023. Formal Notice of Intended Prosecution Stephen. so obviously he cant complete the NIP form so what will happen next? These cookies track visitors across websites and collect information to provide customized ads. If youve received a notice of intended prosecution, you may be concerned about the potential implications. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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. 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 . th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. What do I do with the NIP after it has missed the 14 days ? When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? However, there are a few situations in which you may not receive a NIP through the post within 14 days. Come back to me if you would like my help with this matter. The police are under no obligation to identify the driver. Can I just leave this to go away? All information was correct at the time of publication. 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. 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. 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. Another case says that an unsigned form does not amount to a reply. Hull These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Hi Jon I would normally expect an entry and an exit image. Whilst it is listed as an option, I feel within my rights to use the option. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Click Answer. 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. 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. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. If you are stopped by the police, a notice of intended prosecution can be given verbally. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. You have to respond to say who was driving or you might get 6 points and a fine. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The fact that the photograph is unclear is irrelevant. Fines and costs are always more than 100 at court. This is to notify them how much they have been fined and if penalty points will be added to their license. Newsroom> The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. Can I reject a speeding ticket after 14 days? | The Sun That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. 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. What Happens Next After Notice Of Prosecution? - Slater Privacy Policy. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. The course lasts for half a day and there are no penalty points. The matter will be referred to the magistrates . Is the NIP validly issued and/or validly served? Plus, a document called a Section 172 notice. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? For further assistance contact us online or call us on 0330 041 5869. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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. Is the speed alleged on the NIP an average over two or more points or at a single point? Conviction for failing to identify the driver. ), You received a verbal warning instead and wont receive a NIP. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Why you might not receive a NIP within 14 days. Notice of intended prosecution loopholes and scams just dont work so dont try them. By clicking Accept, you consent to the use of ALL the cookies. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. It can be pretty difficult to persuade magistrates that two notices went missing. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. The police usually send a reminder when they dont get a response the first notice. Do you think I have a valid case to void my impending alleged conviction. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. They accept that they were driving and go on a course or accept a fixed penalty. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. 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. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. How do I challenge this charge. 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. I hope that this information helps. I may be able to dissuade the police from taking the matter further. I am now in the 28 days reply period. For more information, please see our Stephen. Notice Of Intended Prosecution: What Next? Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. I have received an NIP for my farther who has sadly passed away. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Notice of Intended Prosecution by Pete / CC BY. What action should you take? 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 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? There are circumstances where you may not have received the NIP within 14 . This satisfies the Notice of Intended Prosecution rules. Id like to know what is classed as evidence when a speed camera is involved. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. Notice of Intended Prosecution - Driving Test Tips If the notice didnt get delivered, then the post office often returns to sender. If you were stopped by the police it may have been given verbally. 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. Speeding charge sent to wrong address : r/LegalAdviceUK How long after a speeding offence can you be charged? When you receive a notice, it does not mean the prosecution will necessarily happen. Hi Adrian I would try to get it resolved. The magistrates might decide that there is enough evidence anyway. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd To see how we use, store and share your contact information you can read our privacy policy. Why So Much Free Information Whats The Catch? The driver ends up with a fixed penalty for three points or a court case instead. The defective NIP maybe a defence to the Speeder though. A person is charged with failing to provide driver information. 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 name on the NIP is spelt wrong. Our team fact-checks content to ensure accuracy at the time of writing. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. 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. Based in England. They advised me on how to appeal and gave me everything I needed to make an airtight defence. 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.

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