The Notice of Intended Prosecution comes before the actual speeding fine. Its easy to panic if you receive a notice of intended prosecution. 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. I have received a Notice of Intended Prosecution what should I do 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. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Do you think I have a clear argument for it? What can we do please? If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . Fees may be payable depending on your final choice of financial product. The company receives the notice from the police requiring the details of the driver. Fixed Penalty Notices: all you need to know | RAC Drive Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Stephen. I also note that the prosecution should start within 6 months. 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. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. If the recipient fails to respond, or if they were to write . MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). It is a different type of firm enabled by technology and by new ways of working in the justice system. Come back to me if you would like my help with this matter. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. If you have any information about who was driving your vehicle, wed always advise that you provide as much information as possible to the police, such as the names and addresses of potential drivers. 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. Conviction for failing to provide driver details. Im wondering how best to proceed on what next steps to take? 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. Regards Rob, Hi Rob. Home> You could try Michael Lyon Solicitors in Glasgow. But above all it is not worth the risk. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. Is there a defence for this? 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. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing 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. I have received an NIP for my farther who has sadly passed away. Some say the police will have other, clearer photos, others are not so sure. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. The police frequently get details of drivers from the national insurance database. About Us Seeherefor details about our law firm. By clicking Accept, you consent to the use of ALL the cookies. These records are based upon the address recorded on the registration certificate for the vehicle. The police will write to the false person who is overseas. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. What is a Notice of Intended Prosecution? 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. Regards Matthew. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. The police send a document to the registered keeper of the vehicle. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. A notice of intended prosecution is issued by the police. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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. You wont have to pay the fine and you wont have to accept penalty points on your license. Whilst it is listed as an option, I feel within my rights to use the option. 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 know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. NIP will be sent out to the details held on PNC at the time the search was made. 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. We do this from the outset of your case and throughout its duration. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Hi Bryony Thanks for getting in touch. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. 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. But lying during the process will be a disaster. Why you might not receive a NIP within 14 days. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. You probably are give me a call if you would like to discuss in more detail. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. 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. Sometimes the police give a link to a photograph from the speed camera online. 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. Id like to know what is classed as evidence when a speed camera is involved. The NIP must have been received within 14 days since the date of the alleged speeding offence. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The 14-Day Rule for Notices of Intended Prosecution - Loophole or If you think that you have a legitimate defence get some advice before you make things worse. All of the alternatives are worse than simply accepting the original penalty. Evidence will be required before a driver can be prosecuted for speeding. This one isnt so much as a scam as a mis-understanding of the law. I received this notice in the post today 15/06/2021! the speeding ticket. To see how we use, store and share your contact information you can read our privacy policy. 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. Cardiff 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. Birmingham We Will Answer Your Motoring Offence Question Free 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. 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? 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. They make sure that the envelope is sent by registered post. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. If you need to discuss the details, give me a call on 03301116074. Stephen, Hi Stephen I have received an NIP. Norwich A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. 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. The question of a conviction appearing on your criminal record is complicated. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Notice of Intended Prosecution (NIP) - Motor Lawyers Avoiding a ban for drink driving is not easy. 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? 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. 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 am not saying that anyone should admit to speeding when they didnt do it. Stephen. It does not store any personal data. This is done by issuing a Notice of Intended Prosecution (NIP). Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. It depends! This satisfies the Notice of Intended Prosecution rules. 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. Notice of Intended Prosecution - Driving Test Tips 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. Newcastle The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible.
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