However, the alleged offence is stated as 06/02/2022. 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 criminal record is not the only thing that you might need to think about. Magistrates guidelines often mean that they impose more than three points. The NIP has to be served on the registered keeper within 14 days. All advice gratefully appreciated. Then they write to the registered keeper again for more details. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Sometimes the police give a link to a photograph from the speed camera online. I was informed that I should notify them to change it so I can register. The magistrates might decide that there is enough evidence anyway. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Conviction for perverting the course of justice. 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 2023. Cases of perverting the course of justice must be dealt with in the Crown Court. Hi Mark Give me a call if you want some advice about this question. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Cookie Notice The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. I.e. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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 DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. 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. 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). 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 problem is,. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. 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. Can I just leave this to go away? Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. You have to respond to say who was driving or you might get 6 points and a fine. Stephen. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. What is a Notice of Intended Prosecution? Im wondering how best to proceed on what next steps to take? What can we do please? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. 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. What do I do with the NIP after it has missed the 14 days ? within a few minutes of each other, the Court can impose only one set of points for the two or more offences? A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Stephen. 03301116074. I may be able to dissuade the police from taking the matter further. What should I do? You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. the speeding ticket. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. That person may not be insured. 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. and our 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? Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. London These cookies ensure basic functionalities and security features of the website, anonymously. This is to notify them how much they have been fined and if penalty points will be added to their license. You probably are give me a call if you would like to discuss in more detail. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. 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. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. This will almost certainly be after you'd moved. Fees may be payable depending on your final choice of financial product. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. 0333 443 2366 Mobile friendly number. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. A section 172 notice will also accompany the NIP. Stephen. About Us Seeherefor details about our law firm. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. The police send out thousands of notices to drivers suspected of speeding and other offences every year. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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? Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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). I have received an NIP for my farther who has sadly passed away. This paragraph should be read in conjunction with 2.202 in cases of accidents. Sometimes this is called giving your points to someone else. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. In some circumstances, you might have a legitimate reason not to pay a fine. 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). I received this notice in the post today 15/06/2021! These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. You need to find out whose mistake it is. Some say the police will have other, clearer photos, others are not so sure. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Receiving a notice of intended prosecution might send you into a panic. I have sent you an email about your case. Click Answer. 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. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. 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. In this case, you won't have to pay the fine or accept any points on your licence. 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. The police send out a requirement to provide driver information. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. 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. 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. 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. If that hasnt happened the prosecutor will want to know why. Maybe you have decided to go along without a lawyer. The fact that the photograph is unclear is irrelevant. 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. Speeding, Notice of Intended prosecution 4 months late. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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. Its easy to panic if you receive a notice of intended prosecution. How do I challenge this charge. Speeding fine received after 14 days what does this mean for you? Stephen, Hi Stephen I have received an NIP. 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. They can prosecute the registered keeper or anyone else who they sent a notice to. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. 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 . I also note that the prosecution should start within 6 months. Regards Rob, Hi Rob. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. If so, how many? When a driver has been going just over the speed limit the police offer them a speed awareness course. This one isnt so much as a scam as a mis-understanding of the law. 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 . If you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. The notice has to be sent to the registered address on the V5 within 14 days. 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 . }); 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 youve received a notice of intended prosecution, you may be concerned about the potential implications. Notice of intended prosecution sent to wrong address. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. But lying during the process will be a disaster. The company receives the notice from the police requiring the details of the driver. 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. 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. In many circumstances council fines are not enforceable. The registered keeper was driving when they set off a speed camera. IS IT WORTH FIGHTING ON THESE GROUNDS? First of all, youll need to respond to the section 172 request to identify the driver. 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 . 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. It can be pretty difficult to persuade magistrates that two notices went missing. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. The Notice of Intended Prosecution arrived after 14 days reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) The notice may be received several months after the alleged offence took place and still be prosecuted. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. 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. 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. What action should you take? Again, remember to take off the day of the alleged offence. The police frequently get details of drivers from the national insurance database. 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. However, there are a few situations in which you may not receive a NIP through the post within 14 days. If you are stopped by the police, a notice of intended prosecution can be given verbally. 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. 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.

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