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 notice of intended prosecution (NIP) was sent to our old company address. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. People dont want points on their driving licence, fines or even driving bans. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. If you think that you have a legitimate defence get some advice before you make things worse. This informs you that the police are considering prosecution for an alleged motoring offence. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? If you were speeding take the hit and stop moaning. Hi Rich. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. If you are not the registered keeper there is no time limit. They make sure that the envelope is sent by registered post. I hope that it is obvious. Liverpool The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Avoiding a ban for drink driving is not easy. Wed never recommend ignoring a notice of intended prosecution. 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? 03301116074. You have to respond to say who was driving or you might get 6 points and a fine. This is quite a complicated area of law. Come back to me if you would like my help with this matter. If you have any information about who was driving your vehicle, wed always advise that you provide as much information as possible to the police, such as the names and addresses of potential drivers. If you need to discuss the details, give me a call on 03301116074. Usually the identity of the driver comes out of the process and they are dealt with. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. I was informed that I should notify them to change it so I can register. Norwich It does not store any personal data. 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. 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. 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. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! Birmingham If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. 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. The notice may be received several months after the alleged offence took place and still be prosecuted. The police send out a notice to a suspected driver. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. Rob Says: It depends! DVLA give the name and address of the registered keeper to the police. Conviction for failing to provide driver details. 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. 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 . Is there a defence for this? 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. It depends! 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 fact that the photograph is unclear is irrelevant. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. 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. Huddersfield These cookies ensure basic functionalities and security features of the website, anonymously. What is a Notice of Intended Prosecution? The driver ends up with a fixed penalty for three points or a court case instead. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). 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. Cardiff When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. If that hasnt happened the prosecutor will want to know why. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. Their evidence will be tested at trial. They can refer to the reminder at court. 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. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Whilst it is listed as an option, I feel within my rights to use the option. 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. NIP will be sent out to the details held on PNC at the time the search was made. Such a warning is normally known as a "notice of intended prosecution", or NIP. In 2015 I set up Stephen Oldham Solicitors. Patterson Law Limited is a law firm authorised and regulated by the. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. Another case says that an unsigned form does not amount to a reply. 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. Stephen, Hi Stephen I have received an NIP. It is simply to notify that the police may take action. Necessary cookies are absolutely essential for the website to function properly. 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. 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. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. 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. But, this isnt true for all cases. They will get six points and a fine all of their own. And they were all within the space of 15 minutes. But a company cant get penalty points. Note, things do change and sometimes we do miss things (were only human! 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. Dispute a Notice of Intended Prosecution (NIP). a red light); careless driving; The photograph is a red herring. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Speeding, Notice of Intended prosecution 4 months late. Speeding fine received after 14 days what does this mean for you? 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We Can Help. They dont receive a reply due to the fact that they dont exist. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. An unsigned document is not valid evidence. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. 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 cookie is used to store the user consent for the cookies in the category "Performance". Is this charge enforceable? Hi Mark Give me a call if you want some advice about this question. 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. Does this make any difference? You have a legal obligation to respond to a NIP which is addressed to you. Police post rooms should keep a log of suspicious letters. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. The police usually send a reminder when they dont get a response the first notice. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. This would not prevent the police from sending the case to court. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. ICO No: ZB338550. Stephen. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. This notice is issued by the police soon after the alleged offence has been committed. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. In the case of more serious offences, the case may be referred to the courts. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. The registered keeper was driving when they set off a speed camera. 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. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. 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. These offences are usually caught on camera. 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 . 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. If you were stopped by the police it may have been given verbally. They then dont accept a fixed penalty or a course and take the case to court. No For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. }); 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. Have you got any points already? I have received an NIP for my farther who has sadly passed away. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. The problem is,. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. The cookie is used to store the user consent for the cookies in the category "Other. In some circumstances, you might have a legitimate reason not to pay a 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. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 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. Required fields are marked *. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Editor, Marcus Herbert. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). All advice gratefully appreciated. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. There are circumstances where you may not have received the NIP within 14 . 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. Please give me a call if you would like to discuss the case in more detail. They go to extraordinary lengths to avoid justice. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. The police didnt serve the NIP in time. 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 still gets fined for failing to provide driver details as well. Notice Of Intended Prosecution: What Next? I also note that the prosecution should start within 6 months. 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. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Stephen. I hope that this information helps. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. For further assistance contact us online or call us on 0330 041 5869. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Click Answer. Why So Much Free Information Whats The Catch? The NIP must have been received within 14 days since the date of the alleged speeding offence. 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? This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. The question of a conviction appearing on your criminal record is complicated. The company receives the notice from the police requiring the details of the driver. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? ), You received a verbal warning instead and wont receive a NIP. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. What do I do with the NIP after it has missed the 14 days ? 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). The notice has to be sent to the registered address on the V5 within 14 days. Sometimes the registered keeper nominates someone else as the driver. The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. 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. The course lasts for half a day and there are no penalty points. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Surely this is way too late for them to take any action. Notice of Intended Prosecution by Pete / CC BY. The police send out thousands of notices to drivers suspected of speeding and other offences every year. The criminal record is not the only thing that you might need to think about. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. If so, how many? 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. It is only there to identify the registration of the vehicle, not the driver. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. They fill in the notice with the false details. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! You could try Michael Lyon Solicitors in Glasgow. 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. 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. 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. What happens next after a Notice Of Prosecution? IS IT WORTH FIGHTING ON THESE GROUNDS? Will a driving conviction appear on my criminal record? 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. 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. What can we do please? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The police frequently get details of drivers from the national insurance database. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. However, there are some exceptions. Can I just leave this to go away? Stephen. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. These offences are usually caught on camera. However I was not in that area at the time. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 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 was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. A defective NIP is not a defence to failing to name the driver so you must still provide that information. When a driver has been going just over the speed limit the police offer them a speed awareness course. The police dont have to offer a fixed penalty. As a result we've received it some seven weeks late. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Thanks! This cookie is set by GDPR Cookie Consent plugin. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). 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. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. The police are under no obligation to identify the driver. Then they write to the registered keeper again for more details. The police send out a requirement to provide driver information. If the DVLA record has a current address at the issue date of the V5C, I reckon a. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. The date on my newly updated V05 document is. As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. The police send a document to the registered keeper of the vehicle. 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). 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. Police often keep logs of returned mail. 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. Hi Matthew There is no such thing as rejecting an NIP. However, it does act as a warning that you may be prosecuted for the alleged offence.