notice of intended prosecution speeding sent to wrong address

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. 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. Stephen. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The matter will be referred to the magistrates . Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. For more information, please see our Im wondering how best to proceed on what next steps to take? If you are stopped by the police, a notice of intended prosecution can be given verbally. If so, how many? 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. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. 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? We Will Answer Your Motoring Offence Question Free Make sure that you get proof of postage and keep a copy of your response. For example, the keeper nominates her husband and the driver on the photograph is a woman. 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. The Notice of Intended Prosecution comes before the actual speeding fine. Hi Michael. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Maybe you have decided to go along without a lawyer. 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. Regards Matthew. 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. I.e. However, the alleged offence is stated as 06/02/2022. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Sometimes the driver/keeper asks the police to send them a photograph. Patterson Law Limited is a law firm authorised and regulated by the. You have a legal obligation to respond to a NIP which is addressed to you. Firstly I currently have 6 points on my licence. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Chelmsford Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Another case says that an unsigned form does not amount to a reply. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. I have done this and sent the forms back. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. 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? Dispute a Notice of Intended Prosecution (NIP). If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. 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 your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Have you got any points already? The NIP has to be served on the registered keeper within 14 days. 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. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. However, it does act as a warning that you may be prosecuted for the alleged offence. 0333 443 2366 Mobile friendly number. 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. 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. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! They will get six points and a fine all of their own. 03301116074. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. Hi John Thanks for getting in touch. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. They can prosecute the registered keeper or anyone else who they sent a notice to. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Norwich Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Please give me a call if you would like to discuss the evidence on 0330 111 6074. If that hasnt happened the prosecutor will want to know why. Most speeding cases end up with a fixed penalty for three points and 100. The email has been rejected due a process change and says I have to return by post. If the recipient fails to respond, or if they were to write . We do this from the outset of your case and throughout its duration. Hi Bryony Thanks for getting in touch. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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). They tell the magistrates that they did not get the notice in the post, so they could not reply. Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. A notice of intended prosecution is issued by the police. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Stephen. Is the NIP validly issued and/or validly served? In many circumstances council fines are not enforceable. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. A section 172 notice will also accompany the NIP. The police send out a requirement to provide driver information. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. What should I do? However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. What can I claim for in a personal injury case? Is the speed alleged on the NIP an average over two or more points or at a single point? Police often keep logs of returned mail. And they were all within the space of 15 minutes. 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. First of all, youll need to respond to the section 172 request to identify the driver. Magistrates guidelines often mean that they impose more than three points. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. The company simply ignores the notice. Notice of Intended Prosecution. However, there are some exceptions. As a result we've received it some seven weeks late. 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. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Carlisle 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. Will a driving conviction appear on my criminal record? 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. This cookie is set by GDPR Cookie Consent plugin. London An unsigned document is not valid evidence. 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. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. They advised me on how to appeal and gave me everything I needed to make an airtight defence. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. If you want to discuss the case, please give me a call on 07984 436464. 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. Come back to me if you would like my help with this matter. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. The problem is,. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Thanks, Hi Scott. There are three reasons why you might not receive a NIP within 14 days. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. 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 police frequently get details of drivers from the national insurance database. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The date on my newly updated V05 document is. 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 . NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. However, the most important thing is to stay calm and deal with the situation at hand. 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. I have received an NIP for my farther who has sadly passed away. Receiving a notice of intended prosecution might send you into a panic. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. If you need to discuss the details, give me a call on 03301116074. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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. They go to extraordinary lengths to avoid justice. But a company cant get penalty points. 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. Is there a requirement for warning signs to be in place in and around the location of the speed check? Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Hi Mark Give me a call if you want some advice about this question. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. ), so its important that you read the terms of any products that youre considering before you apply. Is there a defence for this? These cookies track visitors across websites and collect information to provide customized ads. 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. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Can I just leave this to go away? Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Do you think I have a clear argument for it? We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Regards Rob, Hi Rob. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Note, things do change and sometimes we do miss things (were only human! The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. If the police have sent you a speeding fine what should you do? 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. This satisfies the Notice of Intended Prosecution rules. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. the speeding ticket. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. What should i do? 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. 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. If you were stopped by the police it may have been given verbally. I am not saying that anyone should admit to speeding when they didnt do it. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. You also have the option to opt-out of these cookies. The Notice of Intended Prosecution comes before the actual speeding fine. 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. This one isnt so much as a scam as a mis-understanding of the law. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. 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. 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. Newsroom> }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. 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. The course lasts for half a day and there are no penalty points. Quite simple. The told me exactly how to appeal and win. Stephen, Hi Stephen I have received an NIP. 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. I received this notice in the post today 15/06/2021! Hi Paul. Thats when MoneyNerd was born. Wed never recommend ignoring a notice of intended prosecution. This is to notify them how much they have been fined and if penalty points will be added to their license. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Necessary cookies are absolutely essential for the website to function properly. Saying to the police or the magistrates court: All these have been tried, tested and failed. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. These offences are usually caught on camera. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. The NIP must have been received within 14 days since the date of the alleged speeding offence. For many people going to court and asking for the shortest ban possible might be the best idea. Hi Matthew There is no such thing as rejecting an NIP. 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. Plus, a document called a Section 172 notice. The issue now is, my girlfriend forgot to send off the slip and 2-3weeks after selling the car, a NIP appears in the post. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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.

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