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 . The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. 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. This is done by issuing a Notice of Intended Prosecution (NIP). 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. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. These cookies ensure basic functionalities and security features of the website, anonymously. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. 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. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. The Notice of Intended Prosecution comes before the actual speeding fine. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. You need to find out whose mistake it is. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Will a driving conviction appear on my criminal record? Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Not completely wrong but typos on both my first and last name. 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). Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. In the case of more serious offences, the case may be referred to the courts. The police dont have to offer a fixed penalty. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. Most speeding cases end up with a fixed penalty for three points and 100. It depends! Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. They advised me on how to appeal and gave me everything I needed to make an airtight defence. A section 172 notice will also accompany the NIP. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. What can I claim for in a personal injury case? 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. Saying to the police or the magistrates court: All these have been tried, tested and failed. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. At MoneyNerd, we are passionate about simplifying finance. For many people going to court and asking for the shortest ban possible might be the best idea. Do you think I have a valid case to void my impending alleged conviction. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Make sure that you get proof of postage and keep a copy of your response. However, it does act as a warning that you may be prosecuted for the alleged offence. 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. I received this notice in the post today 15/06/2021! There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. I have received a NIP in the post regarding speeding and theyve got my name wrong. The police have up to six months to issue you with a speeding fine. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. The driver ends up with a fixed penalty for three points or a court case instead. In this case, you won't have to pay the fine or accept any points on your licence. Is there a defence for this? The prosecutor could also put a charge of failing to provide driver details. Thats when MoneyNerd was born. Membership and partnership organisations home. What action should you take? Regards Rob, Hi Rob. The matter will be referred to the magistrates . 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. Receiving a notice of intended prosecution might send you into a panic. Hi Mark Give me a call if you want some advice about this question. the speeding ticket. 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 owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. That is not a valid defence and it cant be argued in court. I may be able to dissuade the police from taking the matter further. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 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. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. London Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. What happens if you're caught speeding? Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. First of all, youll need to respond to the section 172 request to identify the driver. The notice of intended prosecution (NIP) was sent to our old company address. 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. If you were speeding take the hit and stop moaning. 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. 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. 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). 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. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Speeding charge sent to wrong address . I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. The police send out a notice to a suspected driver. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Conviction for failing to provide driver information. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. IS IT WORTH FIGHTING ON THESE GROUNDS? I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. Why So Much Free Information Whats The Catch? within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Stephen. Yes. 03301116074. They can accept this or allow the matter to go to court where the fine can become bigger. Evidence will be required before a driver can be prosecuted for speeding. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. However I was not in that area at the time. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Magistrates guidelines often mean that they impose more than three points. Leeds Birmingham The magistrates might decide that there is enough evidence anyway. 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? The Notice of Intended Prosecution arrived after 14 days When a driver has been going just over the speed limit the police offer them a speed awareness course. A notice of intended prosecution is issued by the police. The police send a notice to the person who has been nominated. The criminal record is not the only thing that you might need to think about. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Sometimes the police give a link to a photograph from the speed camera online. How long after a speeding offence can you be charged? A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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? 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. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. 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. There are circumstances where you may not have received the NIP within 14 . Nottingham ICO No: ZB338550. Notice of Intended Prosecution by Pete / CC BY. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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. 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. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. They can prosecute the registered keeper or anyone else who they sent a notice to. The driver fills in the details nominating him or herself but doesnt sign the form. With a recent 3 points accepted and 3 points dropping off in Dec 2019. It does not store any personal data. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to 1,000. 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. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. 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. The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. Necessary cookies are absolutely essential for the website to function properly. Please enable Javascript to view this webpage. 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. The Notice of Intended Prosecution comes before the actual speeding fine. Fines and costs are always more than 100 at court. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. The cookie is used to store the user consent for the cookies in the category "Performance". Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Maybe you have decided to go along without a lawyer. Notice Of Intended Prosecution: What Next? 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. What should i do? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. However, the most important thing is to stay calm and deal with the situation at hand. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! The company simply ignores the notice. This cookie is set by GDPR Cookie Consent plugin. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). This cookie is set by GDPR Cookie Consent plugin. The registered keeper was driving when they set off a speed camera. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. All of the alternatives are worse than simply accepting the original penalty. 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? Their case is at court. Caddick Davies can talk you through the options available to you, based on your individual case. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. But opting out of some of these cookies may affect your browsing experience. The police are under no obligation to identify the driver. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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 . If the DVLA record has a current address at the issue date of the V5C, I reckon a. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. It states that only the name on the form can fill it it in? I also note that the prosecution should start within 6 months. To see how we use, store and share your contact information you can read our privacy policy. If you are stopped by the police, a notice of intended prosecution can be given verbally. I WAS DOING 30 MPH IN A 30 LIMIT. Come back to me if you would like my help with this matter. Cases of perverting the course of justice must be dealt with in the Crown Court. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. The course lasts for half a day and there are no penalty points. Cookie Notice They tell the magistrates that they did not get the notice in the post, so they could not reply. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. An unsigned document is not valid evidence. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Again, remember to take off the day of the alleged offence. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). Written confirmation is being sent to you in order to confirm that no further action will be taken. Hi Bryony Thanks for getting in touch. 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. 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. 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. Hull 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. Why you might not receive a NIP within 14 days. 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. if (window.fbq) { window.fbq('track', 'Lead'); } This informs you that the police are considering prosecution for an alleged motoring offence. Have you got any points already? We Can Help. People dont want points on their driving licence, fines or even driving bans. The defence at court is that there is no evidence of who was driving. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. MoneyNerd is not associated with MoneyHelper, we just think theyre great. We are so confused, we dont know what to do. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Not to be confused with genuine cases where someone did not receive the notice in the post. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. These records are based upon the address recorded on the registration certificate for the vehicle. The notice has to be sent to the registered address on the V5 within 14 days. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. 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). The company receives the notice from the police requiring the details of the driver. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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. In some circumstances, you might have a legitimate reason not to pay a fine. 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. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. This will indicate when DVLA actually updated their records. 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. Most police forces send a reminder when they dont get a reply to the first notice. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Thats where they get the names from. How do I challenge this charge. If you need to discuss the details, give me a call on 03301116074. Is it something I should flag to the Met or just reply with the assumption its for me anyway? The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Speeding fine received after 14 days what does this mean for you? You have to respond to say who was driving or you might get 6 points and a fine.
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