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. And they were all within the space of 15 minutes. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. The question of a conviction appearing on your criminal record is complicated. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. 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. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. Why So Much Free Information Whats The Catch? In many circumstances council fines are not enforceable. 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. Another case says that an unsigned form does not amount to a reply. Stephen, Hi Stephen I have received an NIP. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Please enable Javascript to view this webpage. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. The NIP has to be served on the registered keeper within 14 days. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. It is a different type of firm enabled by technology and by new ways of working in the justice system. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. For many people going to court and asking for the shortest ban possible might be the best idea. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. The police send out a notice to a suspected driver. All of the alternatives are worse than simply accepting the original penalty. 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. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Come back to me if you would like my help with this matter. 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 above all it is not worth the risk. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. 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. Required fields are marked *. Sometimes the driver/keeper asks the police to send them a photograph. You may have heard that if you get a speeding ticket through the post. 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. 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. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. This is done by issuing a Notice of Intended Prosecution (NIP). MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. What action should you take? They were 80mph, 80mph, 81mph in 70mph zone. Im wondering how best to proceed on what next steps to take? This will indicate when DVLA actually updated their records. There are three reasons why you might not receive a NIP within 14 days. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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 sent to wrong address. Whilst it is listed as an option, I feel within my rights to use the option. Why you might not receive a NIP within 14 days. Click Answer. 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. 18:28, 18:38, 18:43 time wise. I have now received a follow up letter which says a copy of the charge was sent within . It is only there to identify the registration of the vehicle, not the driver. However, the alleged offence is stated as 06/02/2022. Is the NIP validly issued and/or validly served? This satisfies the Notice of Intended Prosecution rules. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Regards Matthew. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. But opting out of some of these cookies may affect your browsing experience. Not only is it wrong to break the law it could land you with a prison sentence. Maybe you have decided to go along without a lawyer. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. a red light); careless driving; By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. However, there are some exceptions. You could try Michael Lyon Solicitors in Glasgow. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Different bands and the specifics of the incident determine the exact amount youre fined. 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. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. ICO No: ZB338550. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. DVLA give the name and address of the registered keeper to the police. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Hull Patterson Law Limited is a law firm authorised and regulated by the. Huddersfield If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. 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? For more information, please see our This notice is issued by the police soon after the alleged offence has been committed. Saying to the police or the magistrates court: All these have been tried, tested and failed. A notice of intended prosecution is issued by the police. I received this notice in the post today 15/06/2021! Again, remember to take off the day of the alleged offence. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. ), so its important that you read the terms of any products that youre considering before you apply. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Evidence will be required before a driver can be prosecuted for speeding. 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 . To see how we use, store and share your contact information you can read our privacy policy. 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. We do this from the outset of your case and throughout its duration. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Thanks! Newsroom> 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 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. The criminal record is not the only thing that you might need to think about. 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. 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. Sometimes this is called giving your points to someone else. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. ), You received a verbal warning instead and wont receive a NIP. 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. 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. 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? 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 company receives the notice from the police requiring the details of the driver. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. Stephen. 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. 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 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? Surely this is way too late for them to take any action. 03301116074. How do I challenge this charge. Hi Michael. 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. 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. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. Your email address will not be published. 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. 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. 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. The driver ends up with a fixed penalty for three points or a court case instead. 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? All information was correct at the time of publication. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. 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. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. 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. Stephen. What can we do please? I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. The Notice of Intended Prosecution comes before the actual speeding fine. 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. Can I just leave this to go away? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 0333 443 2366 Mobile friendly number. The magistrates might decide that there is enough evidence anyway. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. All advice gratefully appreciated. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. 3. These offences are usually caught on camera. Fines and costs are always more than 100 at court. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Stephen. 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. You probably are give me a call if you would like to discuss in more detail. 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.