If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Slater and Gordon 2023. Notice of Intended Prosecution (NIP) - Road Traffic What action should you take? Newsroom> Not to be confused with genuine cases where someone did not receive the notice in the post. DVLA give the name and address of the registered keeper to the police. 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. People dont want points on their driving licence, fines or even driving bans. The fact that the photograph is unclear is irrelevant. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without 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. 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? Offer you a speed awareness course, which will result in no points being endorsed on your licence. Notice Of Intended Prosecution: What Next? They will work with you to find the right way forward for your individual case. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Not completely wrong but typos on both my first and last name. Note, things do change and sometimes we do miss things (were only human! The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. They accept that they were driving and go on a course or accept a fixed penalty. Written confirmation is being sent to you in order to confirm that no further action will be taken. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Regards Timothy Bradshaw. A section 172 notice will also accompany the NIP. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. 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. 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. 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. Hi Michael. 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. However, it does act as a warning that you may be prosecuted for the alleged offence. Thats when MoneyNerd was born. Reddit and its partners use cookies and similar technologies to provide you with a better experience. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). 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. the speeding ticket. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Speeding charge sent to wrong address . Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. Wed never recommend ignoring a notice of intended prosecution. Their evidence will be tested at trial. 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. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. A defective NIP is not a defence to failing to name the driver so you must still provide that information. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Is there a requirement for warning signs to be in place in and around the location of the speed check? Usually the identity of the driver comes out of the process and they are dealt with. 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). 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. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. The 14-Day Rule for Notices of Intended Prosecution - Loophole or document.addEventListener('wpcf7mailsent', function (event) { When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If you are stopped by the police, a notice of intended prosecution can be given verbally. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. How to Properly Deal with a Notice of Intended Prosecution The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Cardiff All advice gratefully appreciated. When should a Fixed Penalty Notice be received? Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Conviction for failing to identify the driver. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. That is not a valid defence and it cant be argued in court. That person may not be insured. Name Spelt Wrong On Notice Of Intended Prosecution Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. To see how we use, store and share your contact information you can read our privacy policy. Most police forces send a reminder when they dont get a reply to the first notice. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. 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 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. If you need to discuss the details, give me a call on 03301116074. A notice of intended prosecution is issued by the police. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. They tell the magistrates that they did not get the notice in the post, so they could not reply. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Sometimes the registered keeper nominates someone else as the driver. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. You may have heard that if you get a speeding ticket through the post. 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. 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. ), so its important that you read the terms of any products that youre considering before you apply. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Evidence will be required before a driver can be prosecuted for speeding. Different bands and the specifics of the incident determine the exact amount youre fined. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Regards Matthew. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. The notice may be received several months after the alleged offence took place and still be prosecuted. The matter will be referred to the magistrates . In this case, you won't have to pay the fine or accept any points on your licence. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Quite simple. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. They can refer to the reminder at court. What should i do? For many people going to court and asking for the shortest ban possible might be the best idea. The police have up to six months to issue you with a speeding fine. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Ranked in the top 20 law firms by Trustpilot. The told me exactly how to appeal and win. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The driver fills in the details nominating him or herself but doesnt sign the form. 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. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. They can accept this or allow the matter to go to court where the fine can become bigger. This is my big list of case law relating to cases of driving with excess alcohol. 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. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. I received this notice in the post today 15/06/2021! 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. That is a valid defence which is often successfully argued in court. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. At MoneyNerd, we are passionate about simplifying finance. Do you think I have a valid case to void my impending alleged conviction. Certain types of finance are not regulated, such as bridging loans. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 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 Notice of Intended Prosecution comes before the actual speeding fine. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. 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. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law Id like to know what is classed as evidence when a speed camera is involved. 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. Bradford The police will write to the false person who is overseas. Newcastle I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. An unsigned document is not valid evidence. 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 SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Your email address will not be published. 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. Hull 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 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.
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