About Us Seeherefor details about our law firm. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Another case says that an unsigned form does not amount to a reply. V5C to wrong address, now notice of intended prosecution Analytical cookies are used to understand how visitors interact with the website. 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 this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Knowing your rights could help you avoid paying a speeding fine. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. First of all, youll need to respond to the section 172 request to identify the driver. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. With a recent 3 points accepted and 3 points dropping off in Dec 2019. There are a few ways that this plot can be foiled. The notice may be received several months after the alleged offence took place and still be prosecuted. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Fines and costs are always more than 100 at court. For more information, please see our This informs you that the police are considering prosecution for an alleged motoring offence. 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. The police will write to the false person who is overseas. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Do you think I have a clear argument for it? Stephen. Receiving a notice of intended prosecution might send you into a panic. 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. 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). 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". It depends! 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. 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 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. Hi Michael. 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. 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. The police send a notice to the person who has been nominated. This will almost certainly be after you'd moved. As a result we've received it some seven weeks late. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Home> Not to be confused with genuine cases where someone did not receive the notice in the post. The course lasts for half a day and there are no penalty points. 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 . ICO No: ZB338550. When should a Fixed Penalty Notice be received? document.addEventListener('wpcf7mailsent', function (event) { Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. I was informed that I should notify them to change it so I can register. You wont have to pay the fine and you wont have to accept penalty points on your license. If the police have sent you a speeding fine what should you do? Hi Adrian I would try to get it resolved. Your email address will not be published. Firstly I currently have 6 points on my licence. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 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. ), You received a verbal warning instead and wont receive a NIP. I have received a NIP in the post regarding speeding and theyve got my name wrong. The driver fills in the details nominating him or herself but doesnt sign the form. For example, the keeper nominates her husband and the driver on the photograph is a woman. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Most police forces send a reminder when they dont get a reply to the first notice. 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. I am sure that some people do get away with notice of intended prosecution loopholes and scams. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. And they were all within the space of 15 minutes. 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. 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. This cookie is set by GDPR Cookie Consent plugin. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. The problem is,. 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. In many circumstances council fines are not enforceable. 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. 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. Note, things do change and sometimes we do miss things (were only human! Evidence will be required before a driver can be prosecuted for speeding. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Cardiff Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. I hope that it is obvious. 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. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! The keeper must identify the driver unless they are unable to. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. If you want to discuss the case, please give me a call on 07984 436464. What do I do with the NIP after it has missed the 14 days ? These cookies will be stored in your browser only with your consent. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Sorry to hear about what has happened. 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 NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. DVLA give the name and address of the registered keeper to the police. Liverpool 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. Notice of Intended Prosecution | Devon and Cornwall Police The defence at court is that there is no evidence of who was driving. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. Stephen. a red light); careless driving; They accept that they were driving and go on a course or accept a fixed penalty. It does not store any personal data. The company receives the notice from the police requiring the details of the driver. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Im wondering how best to proceed on what next steps to take? 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. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. Magistrates guidelines often mean that they impose more than three points. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } These cookies track visitors across websites and collect information to provide customized ads. 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. Formal Notice of Intended Prosecution 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. the speeding ticket. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Do you think I have a valid case to void my impending alleged conviction. 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. 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. There might be a photograph from the speed camera showing some detail of the driver. Offer you a conditional fixed penalty, which is three points and 100 fine . The driver ends up with a fixed penalty for three points or a court case instead. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. What Happens Next After Notice Of Prosecution? - Slater Trademark No: UK00003340161. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. This would not prevent the police from sending the case to court. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. All advice gratefully appreciated. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. I hope that this information helps. The vehicle information is correct. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Carlisle The matter will be referred to the magistrates . The magistrates might decide that there is enough evidence anyway. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. You could try Michael Lyon Solicitors in Glasgow. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Notice of intended prosecution sent to wrong address - Page 1 - Speed I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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 date on my newly updated V05 document is. Editor, Marcus Herbert. 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. A person is charged with failing to provide driver information. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 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. Name Spelt Wrong On Notice Of Intended Prosecution 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. 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. Speeding charge sent to wrong address . A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. If the registered keeper says that they were driving, the police go on to look at the offence, they might: Please give me a call if you would like to discuss the evidence on 0330 111 6074. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. I have now received a follow up letter which says a copy of the charge was sent within . The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. You arent the registered vehicle keeper. 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. 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. In the case of more serious offences, the case may be referred to the courts. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. 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.