If the recipient fails to respond, or if they were to write . reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) The problem is,. 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. Have you got any points already? As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. If the registered keeper says that they were driving, the police go on to look at the offence, they might: ICO No: ZB338550. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. Do you think I have a valid case to void my impending alleged conviction. We Can Help. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. 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 photograph is a red herring. Notice of intended prosecution loopholes and how they can backfire What action should you take? I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. For more information, please see our A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. When you receive a notice, it does not mean the prosecution will necessarily happen. Speeding penalties - GOV.UK Stephen. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. They might be able to cross-reference the registered post receipt with the dodgy letter. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 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. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). You have a legal obligation to respond to a NIP which is addressed to you. Different bands and the specifics of the incident determine the exact amount youre fined. 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. In extreme cases conviction for perverting the course of justice. Why So Much Free Information Whats The Catch? The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Sometimes the registered keeper nominates someone else as the driver. Trademark No: UK00003340161. They accept that they were driving and go on a course or accept a fixed penalty. They have to go to court and lie on oath. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. We often link to other websites, but we can't be responsible for their content. 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. Their case is at court. They fill in the notice with the false details. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. No Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). The fact that the photograph is unclear is irrelevant. 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. Your email address will not be published. I hope that this information helps. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 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. For many people going to court and asking for the shortest ban possible might be the best idea. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. NIP will be sent out to the details held on PNC at the time the search was made. You may have heard that if you get a speeding ticket through the post. Avoiding a ban for drink driving is not easy. These cookies track visitors across websites and collect information to provide customized ads. 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. Thanks, Hi Scott. 2. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Is there a requirement for warning signs to be in place in and around the location of the speed check? Please enable Javascript to view this webpage. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. All information was correct at the time of publication. 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. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. Required fields are marked *. Is this charge enforceable? Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. The date on my newly updated V05 document is. Regards Rob, Hi Rob. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. I also note that the prosecution should start within 6 months. In many circumstances council fines are not enforceable. 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. At MoneyNerd, we are passionate about simplifying finance. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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. 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 cookie is used to store the user consent for the cookies in the category "Performance". Sometimes the driver/keeper asks the police to send them a photograph. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. I am sure that some people do get away with notice of intended prosecution loopholes and scams. Regards Matthew. I am now in the 28 days reply period. These offences are usually caught on camera. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The cookie is used to store the user consent for the cookies in the category "Other. Slater and Gordon 2023. The defence at court is that there is no evidence of who was driving. Dispute a Notice of Intended Prosecution (NIP). There are circumstances where you may not have received the NIP within 14 . 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The cookies is used to store the user consent for the cookies in the category "Necessary". If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. 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. 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. Youll then have 28 days to accept the fine and potential penalty points. Whilst it is listed as an option, I feel within my rights to use the option. 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. They were 80mph, 80mph, 81mph in 70mph zone. You probably are give me a call if you would like to discuss in more detail. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Thats when MoneyNerd was born. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. These records are based upon the address recorded on the registration certificate for the vehicle. ), so its important that you read the terms of any products that youre considering before you apply. 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? Notice of intended prosecution sent to wrong address. These offences are usually caught on camera. How to Properly Deal with a Notice of Intended Prosecution This would not prevent the police from sending the case to court. 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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. 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. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). 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. The matter will be referred to the magistrates . What should i do? If the notice didnt get delivered, then the post office often returns to sender. 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. 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. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. I have received a Notice of Intended Prosecution what should I do Conviction for perverting the course of justice. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. They can prosecute the registered keeper or anyone else who they sent a notice to. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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 Happens Next After Notice Of Prosecution? - Slater Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. London That way the driver of the vehicle doesnt get prosecuted and doesnt get any 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. You have to respond to say who was driving or you might get 6 points and a fine. Caddick Davies can talk you through the options available to you, based on your individual case. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. You wont have to pay the fine and you wont have to accept penalty points on your license. NIP sent to wrong address - can I appeal? - Honest John 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. Name Spelt Wrong On Notice Of Intended Prosecution In 2015 I set up Stephen Oldham Solicitors. However, it does act as a warning that you may be prosecuted for the alleged offence. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. However, the most important thing is to stay calm and deal with the situation at hand. 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. 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. Conviction for failing to provide driver details. What action should you take? Editor, Marcus Herbert. All advice gratefully appreciated. They will work with you to find the right way forward for your individual case. Conviction for failing to identify the driver. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. V5C to wrong address, now notice of intended prosecution 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. 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 can accept this or allow the matter to go to court where the fine can become bigger. This will almost certainly be after you'd moved. Note, things do change and sometimes we do miss things (were only human! Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. 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? All of the alternatives are worse than simply accepting the original penalty. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. The vehicle information is correct. The police send out a requirement to provide driver information. 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. Speeding, Notice of Intended prosecution 4 months late. if (window.fbq) { window.fbq('track', 'Lead'); } Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Is there a defence for this? 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? Click Answer. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. When the keeper gets the notice from the police they reply saying that someone else was driving. That is not a valid defence and it cant be argued in court. What can we do please? 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford.
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