They tell the magistrates that they did not get the notice in the post, so they could not reply. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. The police have up to six months to issue you with a speeding fine. 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 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. 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. Necessary cookies are absolutely essential for the website to function properly. If the police have sent you a speeding fine what should you do? I am now in the 28 days reply period. Most police forces send a reminder when they dont get a reply to the first notice. 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. 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. In many circumstances council fines are not enforceable. Speeding fine received after 14 days what does this mean for you? If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. The problem is,. The Notice of Intended Prosecution comes before the actual speeding fine. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Cardiff But, this isnt true for all cases. They can prosecute the registered keeper or anyone else who they sent a notice to. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Maybe you have decided to go along without a lawyer. What happens if I don't receive a NIP after 14 days? 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? The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. What action should you take? 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Stephen. Huddersfield This website uses cookies to improve your experience while you navigate through the website. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. 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. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. Liverpool For many people going to court and asking for the shortest ban possible might be the best idea. 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. The photograph is a red herring. NIP will be sent out to the details held on PNC at the time the search was made. They will get six points and a fine all of their own. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. Your email address will not be published. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. What happens if you're caught speeding? Is the NIP validly issued and/or validly served? For more information, please see our Leeds Please give me a call if you would like to discuss the evidence on 0330 111 6074. The notice may be received several months after the alleged offence took place and still be prosecuted. However, the alleged offence is stated as 06/02/2022. The email has been rejected due a process change and says I have to return by post. Notice Of Intended Prosecution: What Next? and our You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Notice of intended prosecution sent to wrong address. You arent the registered vehicle keeper. When you receive a notice, it does not mean the prosecution will necessarily happen. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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 . Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Is this charge enforceable? 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. 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). A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. They have to go to court and lie on oath. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Let me explain Not only did I save 50 on fees, I also won and, Car Finance Debt New 2023 Laws & Your Rights, Council Tax Debt New 2022 Laws & Your Rights, Credit Card Debt Options to Clear Your Debt, Reducing Your Debt What Are Your Options? The fact that the photograph is unclear is irrelevant. 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 police are under no obligation to identify the driver. The police will write to the false person who is overseas. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Quite simple. What should i do? A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. The cookie is used to store the user consent for the cookies in the category "Other. 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. I received this notice in the post today 15/06/2021! This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Thanks, Hi Scott. Why you might not receive a NIP within 14 days. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. 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. Stephen, Hi Stephen I have received an NIP. The date on my newly updated V05 document is. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. This cookie is set by GDPR Cookie Consent plugin. If the notice didnt get delivered, then the post office often returns to sender. 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. 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. 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. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Required fields are marked *. Stephen. IS IT WORTH FIGHTING ON THESE GROUNDS? However, it does act as a warning that you may be prosecuted for the alleged offence. However, the most important thing is to stay calm and deal with the situation at hand. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. I also note that the prosecution should start within 6 months. 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 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. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Slater and Gordon 2023. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. The vehicle information is correct. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Receiving a notice of intended prosecution might send you into a panic. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. 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. If you are not the registered keeper there is no time limit. 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. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. It can be pretty difficult to persuade magistrates that two notices went missing. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. These cookies track visitors across websites and collect information to provide customized ads. In the case of more serious offences, the case may be referred to the courts. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. But opting out of some of these cookies may affect your browsing experience. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
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