Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. You wont have to pay the fine and you wont have to accept penalty points on your license. document.addEventListener('wpcf7mailsent', function (event) { To see how we use, store and share your contact information you can read our privacy policy. The cookie is used to store the user consent for the cookies in the category "Other. Conviction for failing to provide driver information. For more information, please see our 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. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. Is the speed alleged on the NIP an average over two or more points or at a single point? A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. 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. This cookie is set by GDPR Cookie Consent plugin. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Do you think I have a clear argument for it? Police post rooms should keep a log of suspicious letters. Why you might not receive a NIP within 14 days. Evidence will be required before a driver can be prosecuted for speeding. What happens next after a Notice Of Prosecution? Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. The email has been rejected due a process change and says I have to return by post. 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. 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? Slater and Gordon 2023. Do you think I have a valid case to void my impending alleged conviction. If you think that you have a legitimate defence get some advice before you make things worse. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. Notice of proposed driving disqualification. Thanks, Hi Scott. People dont want points on their driving licence, fines or even driving bans. 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 . This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. It depends! In this case, you won't have to pay the fine or accept any points on your licence. This satisfies the Notice of Intended Prosecution rules. 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. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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? Different bands and the specifics of the incident determine the exact amount youre fined. As a result we've received it some seven weeks late. 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. What should i do? Membership and partnership organisations home. That is the job of the keeper who has a legal obligation to tell the police who was driving. About Us Seeherefor details about our law firm. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Hull Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. There are a number of reasons why you may not have been issued a notice in the post within 14 days. 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. I am not saying that anyone should admit to speeding when they didnt do it. The NIP has to be served on the registered keeper 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. That is not a valid defence and it cant be argued in court. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. What is a Notice of Intended Prosecution? Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. Does this make any difference? Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Huddersfield Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. Stephen. Trademark No: UK00003340161. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. However, the most important thing is to stay calm and deal with the situation at hand. All of the alternatives are worse than simply accepting the original penalty. 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. The police send out a notice to a suspected driver. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. Firstly I currently have 6 points on my licence. Regards Rob, Hi Rob. But lying during the process will be a disaster. Is this charge enforceable? If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. For many people going to court and asking for the shortest ban possible might be the best idea. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. They advised me on how to appeal and gave me everything I needed to make an airtight defence. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. If so, how many? Make sure that you get proof of postage and keep a copy of your response. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. For further assistance contact us online or call us on 0330 041 5869. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. If the registered keeper says that they were driving, the police go on to look at the offence, they might: They might be able to cross-reference the registered post receipt with the dodgy letter. The driver fills in the details nominating him or herself but doesnt sign the form. 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. 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 company receives the notice from the police requiring the details of the driver. These offences are usually caught on camera. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. But, this isnt true for all cases. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? You could try Michael Lyon Solicitors in Glasgow. 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. Stephen. In extreme cases conviction for perverting the course of justice. The cookie is used to store the user consent for the cookies in the category "Analytics". In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. MoneyNerd is not associated with MoneyHelper, we just think theyre great. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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. The vehicle information is correct. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Necessary cookies are absolutely essential for the website to function properly. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Such a warning is normally known as a "notice of intended prosecution", or NIP. I may be able to dissuade the police from taking the matter further. When a driver has been going just over the speed limit the police offer them a speed awareness course. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Bradford }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. ), so its important that you read the terms of any products that youre considering before you apply. In many circumstances council fines are not enforceable. Leeds With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. I am sure that some people do get away with notice of intended prosecution loopholes and scams. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. 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 . The notice of intended prosecution (NIP) was sent to our old company address. Patterson Law Limited is a law firm authorised and regulated by the. Then they write to the registered keeper again for more details. These cookies track visitors across websites and collect information to provide customized ads. 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. The notice has to be sent to the registered address on the V5 within 14 days. This is quite a complicated area of law. I WAS DOING 30 MPH IN A 30 LIMIT. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. If you are stopped by the police, a notice of intended prosecution can be given verbally. Youll then have 28 days to accept the fine and potential penalty points. You may have heard that if you get a speeding ticket through the post. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. It is simply to notify that the police may take action. 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. If you want to discuss the case, please give me a call on 07984 436464.
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