Again, remember to take off the day of the alleged offence. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. This informs you that the police are considering prosecution for an alleged motoring offence. DVLA give the name and address of the registered keeper to the police. document.addEventListener('wpcf7mailsent', function (event) { Carlisle 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? 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. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The magistrates might decide that there is enough evidence anyway. 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. 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. 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. It depends! They can prosecute the registered keeper or anyone else who they sent a notice to. Nottingham I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. However, there are some exceptions. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The Notice of Intended Prosecution arrived after 14 days Hi Adrian I would try to get it resolved. The course lasts for half a day and there are no penalty points. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). First of all, youll need to respond to the section 172 request to identify the driver. What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. What can I claim for in a personal injury case? They have to go to court and lie on oath. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. You could try Michael Lyon Solicitors in Glasgow. 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. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. 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. 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. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 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. 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! This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. 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 NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. Privacy Policy. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). The fact that the photograph is unclear is irrelevant. We also use third-party cookies that help us analyze and understand how you use this website. Bradford However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. They might be able to cross-reference the registered post receipt with the dodgy letter. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Cardiff The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Thats when MoneyNerd was born. 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. 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. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. I have received an NIP for my farther who has sadly passed away. Hi Paul. 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. The date on my newly updated V05 document is. The keeper must identify the driver unless they are unable to. 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. 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Is the NIP validly issued and/or validly served? 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. 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. 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 owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. If that hasnt happened the prosecutor will want to know why. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Required fields are marked *. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. 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. Police often keep logs of returned mail. 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. 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. What does Michael Howard have in common with Christine Hamilton? I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. The police frequently get details of drivers from the national insurance database. ), so its important that you read the terms of any products that youre considering before you apply. 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. There are circumstances where you may not have received the NIP within 14 . We do this from the outset of your case and throughout its duration. Come back to me if you would like my help with this matter. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. The NIP must have been received within 14 days since the date of the alleged speeding offence. Id like to know what is classed as evidence when a speed camera is involved. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. The notice may be received several months after the alleged offence took place and still be prosecuted. When you receive a notice, it does not mean the prosecution will necessarily happen. You need to find out whose mistake it is. Does this make any difference? When the keeper gets the notice from the police they reply saying that someone else was driving. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. But a company cant get penalty points. IS IT WORTH FIGHTING ON THESE GROUNDS? Hi John Thanks for getting in touch. But above all it is not worth the risk. Saying to the police or the magistrates court: All these have been tried, tested and failed. NIP will be sent out to the details held on PNC at the time the search was made. The police dont have to offer a fixed penalty. The defective NIP maybe a defence to the Speeder though. The cookie is used to store the user consent for the cookies in the category "Other. 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. 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). The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. 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. About Us Seeherefor details about our law firm. Bristol Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 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. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Dispute a Notice of Intended Prosecution (NIP). The police send a document to the registered keeper of the vehicle. They were 80mph, 80mph, 81mph in 70mph zone. 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. 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. The company simply ignores the notice. 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. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. Stephen. Hull Thanks, Hi Scott. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. 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. Youll then have 28 days to accept the fine and potential penalty points. 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. Regards Matthew. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. However, the most important thing is to stay calm and deal with the situation at hand. Birmingham Plus, a document called a Section 172 notice. All of the alternatives are worse than simply accepting the original penalty. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. In the case of more serious offences, the case may be referred to the courts. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. It is simply to notify that the police may take action. Yes. They make sure that the envelope is sent by registered post.