Usually the identity of the driver comes out of the process and they are dealt with. This is done by issuing a Notice of Intended Prosecution (NIP). What should i do? I.e. Evidence will be required before a driver can be prosecuted for speeding. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. The driver ends up with a fixed penalty for three points or a court case instead. Huddersfield DVLA give the name and address of the registered keeper to the police. Youll then have 28 days to accept the fine and potential penalty points. Thats where they get the names from. The Notice of Intended Prosecution comes before the actual speeding fine. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. 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. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Is there a requirement for warning signs to be in place in and around the location of the speed check? 03301116074. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? If you were stopped by the police it may have been given verbally. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. 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 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. The driver fills in the details nominating him or herself but doesnt sign the form. Plus, a document called a Section 172 notice. Do you think I have a valid case to void my impending alleged conviction. So Its over 3 year now since last course will i be able to book course, i received nip last week but it states i have about 26 days to pay fine? 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. 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. Not only is it wrong to break the law it could land you with a prison sentence. if (window.fbq) { window.fbq('track', 'Lead'); } the speeding ticket. ICO No: ZB338550. There are a number of reasons why you may not have been issued a notice in the post within 14 days. It is only there to identify the registration of the vehicle, not the driver. They can accept this or allow the matter to go to court where the fine can become bigger. 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. Thanks, Hi Scott. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. Their evidence will be tested at trial. This is my big list of case law relating to cases of driving with excess alcohol. Yes. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. Saying to the police or the magistrates court: All these have been tried, tested and failed. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. The police send a notice to the person who has been nominated. At MoneyNerd, we are passionate about simplifying finance. I may be able to dissuade the police from taking the matter further. a red light); careless driving; If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. The Notice of Intended Prosecution arrived after 14 days For more information, please see our What is a Notice of Intended Prosecution? A person is charged with failing to provide driver information. They can refer to the reminder at court. Fees may be payable depending on your final choice of financial product. I hope that this information helps. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. I am now in the 28 days reply period. Note, things do change and sometimes we do miss things (were only human! Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. The defence at court is that there is no evidence of who was driving. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. 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. 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). Trademark No: UK00003340161. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. 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. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Regards Matthew. Sorry to hear about what has happened. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. If you were speeding take the hit and stop moaning. 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. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. But lying during the process will be a disaster. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. The criminal record is not the only thing that you might need to think about. If you need to discuss the details, give me a call on 03301116074. The company still gets fined for failing to provide driver details as well. The police usually send a reminder when they dont get a response the first notice. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. There might be a photograph from the speed camera showing some detail of the driver. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. The cookie is used to store the user consent for the cookies in the category "Performance". You probably are give me a call if you would like to discuss in more detail. What action should you take? If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? The cookie is used to store the user consent for the cookies in the category "Other. Hi Mark Give me a call if you want some advice about this question. Avoiding a ban for drink driving is not easy. Stephen. A section 172 notice will also accompany the NIP. Conviction for failing to provide driver details. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. I received this notice in the post today 15/06/2021! It does not store any personal data. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. Can I just leave this to go away? Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving 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. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. About Us Seeherefor details about our law firm. Notice of Intended Prosecution by Pete / CC BY. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. There are a few ways that this plot can be foiled. The consequences are often costlier and more serious than a speed awareness course or three penalty points. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Notice of Intended Prosecution. I have received a NIP in the post regarding speeding and theyve got my name wrong. The told me exactly how to appeal and win. Notice of proposed driving disqualification. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? What can we do please? It depends! All rights reserved. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. They advised me on how to appeal and gave me everything I needed to make an airtight defence. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. The magistrates might decide that there is enough evidence anyway. 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. 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. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 2. The company receives the notice from the police requiring the details of the driver. 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. Chelmsford Police post rooms should keep a log of suspicious letters. Newcastle When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". To see how we use, store and share your contact information you can read our privacy policy. All information was correct at the time of publication. Hi Paul. Stephen. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. When should a Fixed Penalty Notice be received? Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. However, the most important thing is to stay calm and deal with the situation at hand. I have now received a follow up letter which says a copy of the charge was sent within . Conviction for perverting the course of justice. This is quite a complicated area of law. 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. 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. The date on my newly updated V05 document is. 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). I WAS DOING 30 MPH IN A 30 LIMIT. The NIP has to be served on the registered keeper within 14 days. This one isnt so much as a scam as a mis-understanding of the law. Hi Bryony Thanks for getting in touch. The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. For example, the keeper nominates her husband and the driver on the photograph is a woman. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. 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. 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. Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . Will a driving conviction appear on my criminal record? The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice.
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