For further assistance contact us online or call us on 0330 041 5869. There are a number of reasons why you may not have been issued a notice in the post within 14 days. What should I do? Keepers of vehicles and suspected drivers must reply and tell the police who was driving. The police will write to the false person who is overseas. 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 consequences are often costlier and more serious than a speed awareness course or three penalty points. The police send out a notice to a suspected driver. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. The vehicle information is correct. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. Stephen. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. This informs you that the police are considering prosecution for an alleged motoring offence. Hi John Thanks for getting in touch. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. Hi Paul. Why you might not receive a NIP within 14 days. In this case, you won't have to pay the fine or accept any points on your licence. 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. A notice of intended prosecution is issued by the police. Im wondering how best to proceed on what next steps to take? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. The police are under no obligation to identify the driver. People dont want points on their driving licence, fines or even driving bans. They tell the magistrates that they did not get the notice in the post, so they could not reply. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. What happens next after a Notice Of Prosecution? Firstly I currently have 6 points on my licence. Why So Much Free Information Whats The Catch? 0333 443 2366 Mobile friendly number. This one isnt so much as a scam as a mis-understanding of the law. If you think that you have a legitimate defence get some advice before you make things worse. But opting out of some of these cookies may affect your browsing experience. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If you are not the registered keeper there is no time limit. 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. Ranked in the top 20 law firms by Trustpilot. 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Privacy Policy. I.e. The police send out a requirement to provide driver information. The told me exactly how to appeal and win. 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? Usually the identity of the driver comes out of the process and they are dealt with. They accept that they were driving and go on a course or accept a fixed penalty. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. 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. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. Again, remember to take off the day of the alleged offence. 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. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Is the speed alleged on the NIP an average over two or more points or at a single point? The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. 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. Magistrates guidelines often mean that they impose more than three points. Surely this is way too late for them to take any action. Fines and costs are always more than 100 at court. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Not only is it wrong to break the law it could land you with a prison sentence. 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. 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 you need to discuss the details, give me a call on 03301116074. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. Notice of Intended Prosecution by Pete / CC BY. But it isnt necessary for the police to provide them at the fixed penalty stage. Bristol 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. Come back to me if you would like my help with this matter. 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). Nottingham 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. I am not saying that anyone should admit to speeding when they didnt do it. This cookie is set by GDPR Cookie Consent plugin. All information was correct at the time of publication. If you were speeding take the hit and stop moaning. The notice may be received several months after the alleged offence took place and still be prosecuted. 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. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. You probably are give me a call if you would like to discuss in more detail. 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. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. You need to find out whose mistake it is. 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. 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. 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. You may have heard that if you get a speeding ticket through the post. The photograph is a red herring. 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 duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The police dont have to offer a fixed penalty. 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. 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. Do you think I have a valid case to void my impending alleged conviction. 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. Stephen. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. We Will Answer Your Motoring Offence Question Free
These offences are usually caught on camera. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. What happens if I don't receive a NIP after 14 days? You arent the registered vehicle keeper. They will get six points and a fine all of their own. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Huddersfield Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. The question of a conviction appearing on your criminal record is complicated. You also have the option to opt-out of these cookies. If you were stopped by the police it may have been given verbally. However, the most important thing is to stay calm and deal with the situation at hand. NIP will be sent out to the details held on PNC at the time the search was made. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? Knowing your rights could help you avoid paying a speeding fine. We do this from the outset of your case and throughout its duration. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Thats where they get the names from. All rights reserved. We often link to other websites, but we can't be responsible for their content. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. This is to notify them how much they have been fined and if penalty points will be added to their license. If you want to discuss the case, please give me a call on 07984 436464. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. At MoneyNerd, we are passionate about simplifying finance. 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. The defence at court is that there is no evidence of who was driving. Make sure that you get proof of postage and keep a copy of your response. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The notice has to be sent to the registered address on the V5 within 14 days. They go to extraordinary lengths to avoid justice. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. But, this isnt true for all cases. Youll then have 28 days to accept the fine and potential penalty points. 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. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Stephen. Newsroom> This paragraph should be read in conjunction with 2.202 in cases of accidents. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Some say the police will have other, clearer photos, others are not so sure. 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. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". I may be able to dissuade the police from taking the matter further. It is simply to notify that the police may take action. These cookies ensure basic functionalities and security features of the website, anonymously. Analytical cookies are used to understand how visitors interact with the website. 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. Saying to the police or the magistrates court: All these have been tried, tested and failed.
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