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. An unsigned document is not valid evidence. The driver ends up with a fixed penalty for three points or a court case instead. 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? The police send a document to the registered keeper of the vehicle. ), You received a verbal warning instead and wont receive a NIP. Notice of proposed driving disqualification. You probably are give me a call if you would like to discuss in more detail. If you are stopped by the police, a notice of intended prosecution can be given verbally. The police have up to six months to issue you with a speeding fine. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. 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 also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. But it isnt necessary for the police to provide them at the fixed penalty stage. Most speeding cases end up with a fixed penalty for three points and 100. However I was not in that area at the time. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The Notice of Intended Prosecution comes before the actual speeding fine. 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. They will get six points and a fine all of their own. Knowing your rights could help you avoid paying a speeding fine. Id like to know what is classed as evidence when a speed camera is involved. You wont have to pay the fine and you wont have to accept penalty points on your license. The matter will be referred to the magistrates . 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. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. 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 14-Day Rule for Notices of Intended Prosecution - Loophole or They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Huddersfield The company is happy to pay the fine knowing that the drivers licence is saved. By clicking Accept, you consent to the use of ALL the cookies. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) This cookie is set by GDPR Cookie Consent plugin. Editor, Marcus Herbert. Hi Adrian I would try to get it resolved. These cookies will be stored in your browser only with your consent. People dont want points on their driving licence, fines or even driving bans. I have received a NIP in the post regarding speeding and theyve got my name wrong. 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. They advised me on how to appeal and gave me everything I needed to make an airtight defence. 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. This is my big list of case law relating to cases of driving with excess alcohol. They might be able to cross-reference the registered post receipt with the dodgy letter. The criminal record is not the only thing that you might need to think about. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! What is a Notice of Intended Prosecution? This cookie is set by GDPR Cookie Consent plugin. Bradford A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. If the police have sent you a speeding fine what should you do? Home> The consequences are often costlier and more serious than a speed awareness course or three penalty points. Required fields are marked *. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Sorry to hear about what has happened. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. Stephen. Manchester Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. These cookies ensure basic functionalities and security features of the website, anonymously. There are a few ways that this plot can be foiled. The prosecutor could also put a charge of failing to provide driver details. I have just received a Notice of Intended Prosecution for speeding. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. When should a Fixed Penalty Notice be received? A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Newcastle 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 have done this and sent the forms back. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. What do I do with the NIP after it has missed the 14 days ? Speeding, Notice of Intended prosecution 4 months late. Different bands and the specifics of the incident determine the exact amount youre fined. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. If you were speeding take the hit and stop moaning. 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. If that hasnt happened the prosecutor will want to know why. In the case of more serious offences, the case may be referred to the courts. For further assistance contact us online or call us on 0330 041 5869. All rights reserved. a red light); careless driving; You need to find out whose mistake it is. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The police send out thousands of notices to drivers suspected of speeding and other offences every year. It depends! 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. Hi Michael. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Does this make any difference? Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. Do you think I have a clear argument for it? Then they write to the registered keeper again for more details. What does Michael Howard have in common with Christine Hamilton? The cookie is used to store the user consent for the cookies in the category "Other. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. 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. 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. Conviction for failing to identify the driver. Is there a requirement for warning signs to be in place in and around the location of the speed check? within a few minutes of each other, the Court can impose only one set of points for the two or more offences? However, it does act as a warning that you may be prosecuted for the alleged offence. Patterson Law Limited is a law firm authorised and regulated by the. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. 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. In extreme cases conviction for perverting the course of justice. Please give me a call if you would like to discuss the evidence on 0330 111 6074. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. I received this notice in the post today 15/06/2021! 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Notice of Intended Prosecution (NIP) - Road Traffic These offences are usually caught on camera. 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. Newsroom> 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Stephen, Hi Stephen I have received an NIP. This cookie is set by GDPR Cookie Consent plugin. We do this from the outset of your case and throughout its duration. 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. That is not a valid defence and it cant be argued in court. London But a company cant get penalty points. if (window.fbq) { window.fbq('track', 'Lead'); } Not to be confused with genuine cases where someone did not receive the notice in the post. Your email address will not be published. They were 80mph, 80mph, 81mph in 70mph zone. How do I challenge this charge. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. I may be able to dissuade the police from taking the matter further. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Notice of Intended Prosecution - Driving Test Tips The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Speeding | Metropolitan Police 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. These records are based upon the address recorded on the registration certificate for the vehicle. Hi Jon I would normally expect an entry and an exit image. The police dont have to offer a fixed penalty. A section 172 notice will also accompany the NIP. The fact that the photograph is unclear is irrelevant. But, this isnt true for all cases. Can I reject a speeding ticket after 14 days? | The Irish Sun A defective NIP is not a defence to failing to name the driver so you must still provide that information. 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.
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