When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. At MoneyNerd, we are passionate about simplifying finance. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. As a result we've received it some seven weeks late. ), You received a verbal warning instead and wont receive a NIP. The cookies is used to store the user consent for the cookies in the category "Necessary". When you receive a notice, it does not mean the prosecution will necessarily happen. When the keeper gets the notice from the police they reply saying that someone else was driving. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Home> This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. The police dont have to offer a fixed penalty. But lying during the process will be a disaster. For many people going to court and asking for the shortest ban possible might be the best idea. Conviction for failing to provide driver details. 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. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Notice of intended prosecution loopholes and how they can backfire Whilst it is listed as an option, I feel within my rights to use the option. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Cases of perverting the course of justice must be dealt with in the Crown Court. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. How to Properly Deal with a Notice of Intended Prosecution These cookies will be stored in your browser only with your consent. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. 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? 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. Stephen. NIP will be sent out to the details held on PNC at the time the search was made. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. 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. Does this make any difference? 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. In many circumstances council fines are not enforceable. Is the NIP validly issued and/or validly served? At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. A person is charged with failing to provide driver information. People dont want points on their driving licence, fines or even driving bans. 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. Sometimes the police give a link to a photograph from the speed camera online. They were 80mph, 80mph, 81mph in 70mph zone. Analytical cookies are used to understand how visitors interact with the website. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. ICO No: ZB338550. 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. The name on the NIP is spelt wrong. 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. 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. 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 . 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. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Hull The NIP must have been received within 14 days since the date of the alleged speeding offence. In 2015 I set up Stephen Oldham Solicitors. The police send out thousands of notices to drivers suspected of speeding and other offences every year. The Notice of Intended Prosecution comes before the actual speeding fine. Based in England. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Regards Matthew. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Not only is it wrong to break the law it could land you with a prison sentence. Cardiff They will get six points and a fine all of their own. Newsroom> 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. 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. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. Fines and costs are always more than 100 at court. What can we do please? I also note that the prosecution should start within 6 months. Name Spelt Wrong On Notice Of Intended Prosecution There might be a photograph from the speed camera showing some detail of the driver. Knowing your rights could help you avoid paying a speeding fine. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. The police have up to six months to issue you with a speeding fine. Editor, Marcus Herbert. It is only there to identify the registration of the vehicle, not the driver. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. I have now received a follow up letter which says a copy of the charge was sent within . Not to be confused with genuine cases where someone did not receive the notice in the post. This cookie is set by GDPR Cookie Consent plugin. A defective NIP is not a defence to failing to name the driver so you must still provide that information. To see how we use, store and share your contact information you can read our privacy policy. The police didnt serve the NIP in time. 3. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. The cookie is used to store the user consent for the cookies in the category "Performance". Thats when MoneyNerd was born. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } London Ranked in the top 20 law firms by Trustpilot. Offer you a conditional fixed penalty, which is three points and 100 fine . The defective NIP maybe a defence to the Speeder though. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. The notice of intended prosecution (NIP) was sent to our old company address. I have received a NIP in the post regarding speeding and theyve got my name wrong. About Us Seeherefor details about our law firm. If you were stopped by the police it may have been given verbally. Hi Adrian I would try to get it resolved. Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Hi Jon I would normally expect an entry and an exit image. 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Cookie Notice 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. Is the speed alleged on the NIP an average over two or more points or at a single point? 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. This will almost certainly be after you'd moved. In this case, you won't have to pay the fine or accept any points on your licence. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. All of the alternatives are worse than simply accepting the original penalty. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. First of all, youll need to respond to the section 172 request to identify the driver. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. If that hasnt happened the prosecutor will want to know why. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. They then dont accept a fixed penalty or a course and take the case to court. Notice Of Intended Prosecution: What Next? | Caddick Davies What should i do? Speeding fine received after 14 days what does this mean for you? I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. if (window.fbq) { window.fbq('track', 'Lead'); } The told me exactly how to appeal and win. Some say the police will have other, clearer photos, others are not so sure. This informs you that the police are considering prosecution for an alleged motoring offence. They have to go to court and lie on oath. Its easy to panic if you receive a notice of intended prosecution. 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? 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. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Hi Michael. Then they write to the registered keeper again for more details. 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. Avoiding a ban for drink driving is not easy. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Regards Timothy Bradshaw. 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. 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. I hope that it is obvious. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. 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. Liverpool Thats where they get the names from. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. We also use third-party cookies that help us analyze and understand how you use this website. 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. V5C to wrong address, now notice of intended prosecution Patterson Law Limited is a law firm authorised and regulated by the. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. The question of a conviction appearing on your criminal record is complicated. All information was correct at the time of publication. That is not a valid defence and it cant be argued in court. How long after a speeding offence can you be charged? 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. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. 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. Sorry to hear about what has happened. Notice of Intended Prosecution - A Guide - Roadtrafficlaw.com When should a Fixed Penalty Notice be received? 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).