notice of intended prosecution speeding sent to wrong address

Editor, Marcus Herbert. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. 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 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. 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. We are so confused, we dont know what to do. 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. Please give me a call if you would like to discuss the case in more detail. DVLA give the name and address of the registered keeper to the police. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Sometimes the registered keeper nominates someone else as the driver. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? There are three reasons why you might not receive a NIP within 14 days. At MoneyNerd, we are passionate about simplifying finance. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. If you are stopped by the police, a notice of intended prosecution can be given verbally. This one isnt so much as a scam as a mis-understanding of the law. 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. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. 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. 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. When should a Fixed Penalty Notice be received? Hi Michael. Avoiding a ban for drink driving is not easy. Cookie Notice All of the alternatives are worse than simply accepting the original penalty. The police send a notice to the person who has been nominated. 2. Is the NIP validly issued and/or validly served? Stephen. 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? 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. We Will Answer Your Motoring Offence Question Free The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Conviction for failing to provide driver information. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Conviction for failing to identify the driver. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. If you want to discuss the case, please give me a call on 07984 436464. It is simply to notify that the police may take action. Offer you a conditional fixed penalty, which is three points and 100 fine . No Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. That person may not be insured. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) If you think that you have a legitimate defence get some advice before you make things worse. The police dont have to offer a fixed penalty. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Chelmsford Ranked in the top 20 law firms by Trustpilot. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. The company receives the notice from the police requiring the details of the driver. 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 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. 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. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. 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. 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. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. 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 company is happy to pay the fine knowing that the drivers licence is saved. 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. 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. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. 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. The Notice of Intended Prosecution arrived after 14 days 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. In the case of more serious offences, the case may be referred to the courts. Different bands and the specifics of the incident determine the exact amount youre fined. Newsroom> ICO No: ZB338550. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. 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. Im wondering how best to proceed on what next steps to take? Will a driving conviction appear on my criminal record? The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Hi Rich. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. However I was not in that area at the time. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). IS IT WORTH FIGHTING ON THESE GROUNDS? What happens if you're caught speeding? 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. Regards Matthew. About Us Seeherefor details about our law firm. It is only there to identify the registration of the vehicle, not the driver. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. Conviction for failing to provide driver details. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. There are circumstances where you may not have received the NIP within 14 . 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. document.addEventListener('wpcf7mailsent', function (event) { Evidence will be required before a driver can be prosecuted for speeding. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing 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. You also have the option to opt-out of these cookies. Dispute a Notice of Intended Prosecution (NIP). If you need to discuss the details, give me a call on 03301116074. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. The police usually send a reminder when they dont get a response the first notice. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. This will indicate when DVLA actually updated their records. Hi Mark Give me a call if you want some advice about this question. The defective NIP maybe a defence to the Speeder though. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. They make sure that the envelope is sent by registered post. The company still gets fined for failing to provide driver details as well. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. What is a Notice of Intended Prosecution? A notice of intended prosecution is issued by the police. 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. Notice of proposed driving disqualification. Notice of intended prosecution loopholes and scams just dont work so dont try them. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The matter will be referred to the magistrates . The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. You arent the registered vehicle keeper. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. They have to go to court and lie on oath. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. London Note, things do change and sometimes we do miss things (were only human! This is to notify them how much they have been fined and if penalty points will be added to their license. This satisfies the Notice of Intended Prosecution rules. But, this isnt true for all cases. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Police often keep logs of returned mail. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. If you are not the registered keeper there is no time limit. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. The notice may be received several months after the alleged offence took place and still be prosecuted. Necessary cookies are absolutely essential for the website to function properly. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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. Stephen. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. They will need to confirm either that they were driving or confirm the details of who was driving. 18:28, 18:38, 18:43 time wise. Click Answer. 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? Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. All information was correct at the time of publication. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. They dont receive a reply due to the fact that they dont exist. Stephen. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. Thats where they get the names from. 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. But it isnt necessary for the police to provide them at the fixed penalty stage. In 2015 I set up Stephen Oldham Solicitors. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. 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. Is there a requirement for warning signs to be in place in and around the location of the speed check? the speeding ticket. 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. 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). You could try Michael Lyon Solicitors in Glasgow. ), so its important that you read the terms of any products that youre considering before you apply. However, it does act as a warning that you may be prosecuted for the alleged offence. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 03301116074. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. 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. 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. What happens next after a Notice Of Prosecution? Fees may be payable depending on your final choice of financial product. The police send out thousands of notices to drivers suspected of speeding and other offences every year. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 3. 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. 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 police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Is it something I should flag to the Met or just reply with the assumption its for me anyway? People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. 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. Not completely wrong but typos on both my first and last name. Some say the police will have other, clearer photos, others are not so sure. Their case is at court. I.e. Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. I have sent you an email about your case. 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. The magistrates might decide that there is enough evidence anyway. The NIP must have been received within 14 days since the date of the alleged speeding offence. Make sure that you get proof of postage and keep a copy of your response.