If you were speeding take the hit and stop moaning. Please give me a call if you would like to discuss the case in more detail. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. Is the speed alleged on the NIP an average over two or more points or at a single point? 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. If you want to discuss the case, please give me a call on 07984 436464. If you think that you have a legitimate defence get some advice before you make things worse. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. What should i do? CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! This would not prevent the police from sending the case to court. 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. V5C to wrong address, now notice of intended prosecution IS IT WORTH FIGHTING ON THESE GROUNDS? Speeding ticket sent to wrong address after 14days | Legal matters This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. You also have the option to opt-out of these cookies. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. Evidence will be required before a driver can be prosecuted for speeding. What can we do please? 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 could try Michael Lyon Solicitors in Glasgow. Notice Of Intended Prosecution: What Next? The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. 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. Different bands and the specifics of the incident determine the exact amount youre fined. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. 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. I have done this and sent the forms back. 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. What happens if you're caught speeding? An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Manchester What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Its easy to panic if you receive a notice of intended prosecution. 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. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. The cookie is used to store the user consent for the cookies in the category "Performance". New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. Your email address will not be published. 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. However, there are some exceptions. How long after a speeding offence can you be charged? I have now received a follow up letter which says a copy of the charge was sent within . The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. However, it does act as a warning that you may be prosecuted for the alleged offence. The cookies is used to store the user consent for the cookies in the category "Necessary". The police send out thousands of notices to drivers suspected of speeding and other offences every year. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving 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. It is simply to notify that the police may take action. What happens if I don't receive a NIP after 14 days? Saying to the police or the magistrates court: All these have been tried, tested and failed. Please enable Javascript to view this webpage. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 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. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. The notice has to be sent to the registered address on the V5 within 14 days. When should a Fixed Penalty Notice be received? Newsroom> 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. For further assistance contact us online or call us on 0330 041 5869. They tell the magistrates that they did not get the notice in the post, so they could not reply. 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. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. You wont have to pay the fine and you wont have to accept penalty points on your license. I.e. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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? 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. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Offer you a conditional fixed penalty, which is three points and 100 fine . I am now in the 28 days reply period. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law What happens next after a Notice Of Prosecution? You probably are give me a call if you would like to discuss in more detail. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Speeding charge sent to wrong address . 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. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Hi Rich. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). They then dont accept a fixed penalty or a course and take the case to court. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. I have received an NIP for my farther who has sadly passed away. However I was not in that area at the time. Speeding fine received after 14 days what does this mean for you? I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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. Yes. A notice of intended prosecution is issued by the police. Liverpool within a few minutes of each other, the Court can impose only one set of points for the two or more offences? I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. But a company cant get penalty points. 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Knowing your rights could help you avoid paying a speeding fine. The police have up to six months to issue you with a speeding fine. Leeds Do you think I have a valid case to void my impending alleged conviction. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. No I have just received a Notice of Intended Prosecution for speeding. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. If that hasnt happened the prosecutor will want to know why. What Happens Next After Notice Of Prosecution? - Slater But opting out of some of these cookies may affect your browsing experience. 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. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Stephen. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Is there a requirement for warning signs to be in place in and around the location of the speed check? The company simply ignores the notice. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. You have to respond to say who was driving or you might get 6 points and a fine. The name on the NIP is spelt wrong. 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. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. 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. Notice Of Intended Prosecution: What Next? | Caddick Davies Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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 . This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. 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 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. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? 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. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. They dont receive a reply due to the fact that they dont exist. This will almost certainly be after you'd moved. 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. This will indicate when DVLA actually updated their records. But above all it is not worth the risk. Can I just leave this to go away? In this case, you won't have to pay the fine or accept any points on your licence. The prosecutor could also put a charge of failing to provide driver details. When a driver has been going just over the speed limit the police offer them a speed awareness course. The police send out a requirement to provide driver information. All information was correct at the time of publication. Another case says that an unsigned form does not amount to a reply. The matter will be referred to the magistrates . Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. When the keeper gets the notice from the police they reply saying that someone else was driving. 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. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Regards Rob, Hi Rob. What do I do with the NIP after it has missed the 14 days ? Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. They accept that they were driving and go on a course or accept a fixed penalty. 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. Stephen. Dispute a Notice of Intended Prosecution (NIP). 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Notice of Intended Prosecution - Driving Test Tips We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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, 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.