We are so confused, we dont know what to do. Stephen. The police send out a notice to a suspected driver. This would not prevent the police from sending the case to court. Why So Much Free Information Whats The Catch? When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The notice of intended prosecution (NIP) was sent to our old company address. 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. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Sometimes this is called giving your points to someone else. 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. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 2. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. The fact that the photograph is unclear is irrelevant. By clicking Accept, you consent to the use of ALL the cookies. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. They advised me on how to appeal and gave me everything I needed to make an airtight defence. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Most police forces send a reminder when they dont get a reply to the first notice. Then they write to the registered keeper again for more details. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. 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. This will almost certainly be after you'd moved. It states that only the name on the form can fill it it in? It is only there to identify the registration of the vehicle, not the driver. The police didnt serve the NIP in time. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. However, it does act as a warning that you may be prosecuted for the alleged offence. For example, the keeper nominates her husband and the driver on the photograph is a woman. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Hi John Thanks for getting in touch. These offences are usually caught on camera. You probably are give me a call if you would like to discuss in more detail. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! They might be able to cross-reference the registered post receipt with the dodgy letter. 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. Slater and Gordon 2023. When should a Fixed Penalty Notice be received? 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 send out thousands of notices to drivers suspected of speeding and other offences every year. 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. 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. if (window.fbq) { window.fbq('track', 'Lead'); } Analytical cookies are used to understand how visitors interact with the website. That person may not be insured. This cookie is set by GDPR Cookie Consent plugin. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. These cookies track visitors across websites and collect information to provide customized ads. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. Again, remember to take off the day of the alleged offence. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Sometimes the registered keeper nominates someone else as the driver. They were 80mph, 80mph, 81mph in 70mph zone. Sometimes the driver/keeper asks the police to send them a photograph. If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Different bands and the specifics of the incident determine the exact amount youre fined. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. It does not store any personal data. What should i do? We Will Answer Your Motoring Offence Question Free When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. 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. The police are under no obligation to identify the driver. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. The photograph is a red herring. This is my big list of case law relating to cases of driving with excess alcohol. 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. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. 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. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . If the notice didnt get delivered, then the post office often returns to sender. An unsigned document is not valid evidence. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 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. Notice of Intended Prosecution by Pete / CC BY. I have just received a Notice of Intended Prosecution for speeding. Notice of proposed driving disqualification. Youll then have 28 days to accept the fine and potential penalty points. The keeper must identify the driver unless they are unable to. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. When the keeper gets the notice from the police they reply saying that someone else was driving. 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. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. This paragraph should be read in conjunction with 2.202 in cases of accidents. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. We are so confused, we dont know what to do. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. In 2015 I set up Stephen Oldham Solicitors. There are circumstances where you may not have received the NIP within 14 . Please give me a call if you would like to discuss the case in more detail. Its easy to panic if you receive a notice of intended prosecution. The course lasts for half a day and there are no penalty points. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } I was informed that I should notify them to change it so I can register. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 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. 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. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Membership and partnership organisations home. You have a legal obligation to respond to a NIP which is addressed to you. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. 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. But above all it is not worth the risk. 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.
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