This is my big list of case law relating to cases of driving with excess alcohol. These offences are usually caught on camera. The Notice of Intended Prosecution comes before the actual speeding fine. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. The police are under no obligation to identify the driver. There are three reasons why you might not receive a NIP within 14 days. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. 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. Police often keep logs of returned mail. When should a Fixed Penalty Notice be received? The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. The date on my newly updated V05 document is. 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. 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. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. 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. 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. Necessary cookies are absolutely essential for the website to function properly. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. There might be a photograph from the speed camera showing some detail of the driver. Bristol Wed never recommend ignoring a notice of intended prosecution. This paragraph should be read in conjunction with 2.202 in cases of accidents. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Make sure that you get proof of postage and keep a copy of your response. The consequences are often costlier and more serious than a speed awareness course or three penalty points. In some circumstances, you might have a legitimate reason not to pay a fine. 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. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? Norwich I may be able to dissuade the police from taking the matter further. The police send a document to the registered keeper of the vehicle. 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. Come back to me if you would like my help with this matter. This website uses cookies to improve your experience while you navigate through the website. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. I have received a NIP in the post regarding speeding and theyve got my name wrong. Some say the police will have other, clearer photos, others are not so sure. IS IT WORTH FIGHTING ON THESE GROUNDS? The vehicle information is correct. I.e. 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. It is a different type of firm enabled by technology and by new ways of working in the justice system. Let me explain Not only did I save 50 on fees, I also won and, Car Finance Debt New 2023 Laws & Your Rights, Council Tax Debt New 2022 Laws & Your Rights, Credit Card Debt Options to Clear Your Debt, Reducing Your Debt What Are Your Options? 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. 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. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Can I just leave this to go away? 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. 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 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. Rob Says: It depends! 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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. They have to go to court and lie on oath. This cookie is set by GDPR Cookie Consent plugin. If the notice didnt get delivered, then the post office often returns to sender. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. You can find out more by contacting MoneyHelper. That is not a valid defence and it cant be argued in court. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The question of a conviction appearing on your criminal record is complicated. Required fields are marked *. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. Usually the identity of the driver comes out of the process and they are dealt with. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. We are so confused, we dont know what to do. The fact that the photograph is unclear is irrelevant. 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? document.addEventListener('wpcf7mailsent', function (event) { This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Huddersfield a red light); careless driving; Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. The cookie is used to store the user consent for the cookies in the category "Performance". If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 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. Sorry to hear about what has happened. A person is charged with failing to provide driver information. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Firstly I currently have 6 points on my licence. In the case of more serious offences, the case may be referred to the courts. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. 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? Stephen. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. We Can Help. 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. The defective NIP maybe a defence to the Speeder though. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. If the recipient fails to respond, or if they were to write . Leeds What can we do please? Slater and Gordon 2023. Is it something I should flag to the Met or just reply with the assumption its for me anyway? This would not prevent the police from sending the case to court. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so.
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