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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. The name on the NIP is spelt wrong. 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. The told me exactly how to appeal and win. If you were stopped by the police it may have been given verbally. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. For more information, please see our They can accept this or allow the matter to go to court where the fine can become bigger. 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. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. However, it does act as a warning that you may be prosecuted for the alleged offence. The problem is,. I received this notice in the post today 15/06/2021! Notice of Intended Prosecution. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! If you want to discuss the case, please give me a call on 07984 436464. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. 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. If the recipient fails to respond, or if they were to write . 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. They go to extraordinary lengths to avoid justice. Stephen. Firstly I currently have 6 points on my licence. Youll then have 28 days to accept the fine and potential penalty points. The question of a conviction appearing on your criminal record is complicated. What can I claim for in a personal injury case? Hi Jon I would normally expect an entry and an exit image. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. 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? Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 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. An unsigned document is not valid evidence. Hi Bryony Thanks for getting in touch. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! 3. It depends! 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. Usually the identity of the driver comes out of the process and they are dealt with. 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. 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. But opting out of some of these cookies may affect your browsing experience. But lying during the process will be a disaster. These records are based upon the address recorded on the registration certificate for the vehicle. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Is there a defence for this? and our The company receives the notice from the police requiring the details of the driver. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. Not to be confused with genuine cases where someone did not receive the notice in the post. By clicking Accept, you consent to the use of ALL the cookies. 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. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. I also note that the prosecution should start within 6 months. 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. Hi John Thanks for getting in touch. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. If youve received a notice of intended prosecution, you may be concerned about the potential implications. The police will write to the false person who is overseas. If you need to discuss the details, give me a call on 03301116074. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. But it isnt necessary for the police to provide them at the fixed penalty stage. DVLA give the name and address of the registered keeper to the police. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Thats when MoneyNerd was born. 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. 18:28, 18:38, 18:43 time wise. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. It is a different type of firm enabled by technology and by new ways of working in the justice system. Name Spelt Wrong On Notice Of Intended Prosecution The fact that the photograph is unclear is irrelevant. 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. If you are stopped by the police, a notice of intended prosecution can be given verbally. The NIP has to be served on the registered keeper within 14 days. These offences are usually caught on camera. We are so confused, we dont know what to do. Caddick Davies can talk you through the options available to you, based on your individual case. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. This satisfies the Notice of Intended Prosecution rules. The magistrates might decide that there is enough evidence anyway. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Offer you a conditional fixed penalty, which is three points and 100 fine . 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. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Hi Mark Give me a call if you want some advice about this question. What is a Notice of Intended Prosecution? Id like to know what is classed as evidence when a speed camera is involved. The course lasts for half a day and there are no penalty points. 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. Carlisle That is a valid defence which is often successfully argued in court. You can find out more by contacting MoneyHelper. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Necessary cookies are absolutely essential for the website to function properly. 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. 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. Stephen. I am not saying that anyone should admit to speeding when they didnt do it. This cookie is set by GDPR Cookie Consent plugin. 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. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. I am sure that some people do get away with notice of intended prosecution loopholes and scams. Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. 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 . What should I do? The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. But a company cant get penalty points. Most speeding cases end up with a fixed penalty for three points and 100. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. ICO No: ZB338550. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. The research, conducted by Direct Line Car Insurance, also found that police recorded 1.25 million speeding incidents over a three year period, from 2015-2017. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Please enable Javascript to view this webpage. How to Properly Deal with a Notice of Intended Prosecution NIP sent to wrong address - can I appeal? - Honest John Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. If you think that you have a legitimate defence get some advice before you make things worse. What happens if I don't receive a NIP after 14 days? 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. Hi Adrian I would try to get it resolved. Hi Paul. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Nottingham 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. 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. They can refer to the reminder at court. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. 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. A section 172 notice will also accompany the NIP. The NIP must have been received within 14 days since the date of the alleged speeding offence. V5C to wrong address, now notice of intended prosecution 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. Cardiff Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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. 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. Hope this helps. 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. No If so, how many? Newsroom> Speeding, Notice of Intended prosecution 4 months late. Saying to the police or the magistrates court: All these have been tried, tested and failed. IS IT WORTH FIGHTING ON THESE GROUNDS? The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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 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 . Please give me a call if you would like to discuss the case in more detail. This cookie is set by GDPR Cookie Consent plugin. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. Come back to me if you would like my help with this matter. Regards Matthew. Knowing your rights could help you avoid paying a speeding fine. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. A person is charged with failing to provide driver information. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. if (window.fbq) { window.fbq('track', 'Lead'); } within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Speeding Fines, Tickets And Penalties Explained - Which? If the police have sent you a speeding fine what should you do? 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. Notice of intended prosecution loopholes and how they can backfire Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. They have to go to court and lie on oath. 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. 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Wed never recommend ignoring a notice of intended prosecution. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. Speeding penalties - GOV.UK The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Speeding | Metropolitan Police This would not prevent the police from sending the case to court. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. 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 police didnt serve the NIP in time. so obviously he cant complete the NIP form so what will happen next? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. This website uses cookies to improve your experience while you navigate through the website. 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. You could try Michael Lyon Solicitors in Glasgow. 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. The police send out a requirement to provide driver information. 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. 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. This paragraph should be read in conjunction with 2.202 in cases of accidents. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. There are circumstances where you may not have received the NIP within 14 . Regards Rob, Hi Rob. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. The Notice of Intended Prosecution arrived after 14 days Speeding fine received after 14 days what does this mean for you? 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? I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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 the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Cases of perverting the course of justice must be dealt with in the Crown Court. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. 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. You wont have to pay the fine and you wont have to accept penalty points on your license. A notice of intended prosecution is issued by the police. 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. How do I challenge this charge. Surely this is way too late for them to take any action. 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. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Required fields are marked *. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. In some circumstances, you might have a legitimate reason not to pay a fine. The police are under no obligation to identify the driver. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. We Will Answer Your Motoring Offence Question Free The driver ends up with a fixed penalty for three points or a court case instead. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Its easy to panic if you receive a notice of intended prosecution. Newcastle 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.