notice of intended prosecution speeding sent to wrong address
Bristol Written confirmation is being sent to you in order to confirm that no further action will be taken. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. ICO No: ZB338550. NIP will be sent out to the details held on PNC at the time the search was made. 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. The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. 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. Im wondering how best to proceed on what next steps to take? UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. 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. However, the most important thing is to stay calm and deal with the situation at hand. Nottingham You may have heard that if you get a speeding ticket through the post. 18:28, 18:38, 18:43 time wise. 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). 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. Home> New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. The driver ends up with a fixed penalty for three points or a court case instead. Such a warning is normally known as a "notice of intended prosecution", or NIP. Thats when MoneyNerd was born. Speeding charge sent to wrong address . I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. This will indicate when DVLA actually updated their records. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Conviction for failing to provide driver information. The cookie is used to store the user consent for the cookies in the category "Analytics". I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! The Notice of Intended Prosecution comes before the actual speeding fine. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. 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. 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. ), You received a verbal warning instead and wont receive a 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. Not only is it wrong to break the law it could land you with a prison sentence. The police send out thousands of notices to drivers suspected of speeding and other offences every year. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. This cookie is set by GDPR Cookie Consent plugin. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. 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. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. In extreme cases conviction for perverting the course of justice. I received this notice in the post today 15/06/2021! Privacy Policy. Have you got any points already? Their case is at court. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. In the case of more serious offences, the case may be referred to the courts. 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. 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 could try Michael Lyon Solicitors in Glasgow. 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. I have done this and sent the forms back. Conviction for failing to provide driver details. Sometimes this is called giving your points to someone else. 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. The NIP has to be served on the registered keeper within 14 days. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Conviction for perverting the course of justice. If you are stopped by the police, a notice of intended prosecution can be given verbally. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. I am now in the 28 days reply period. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. The told me exactly how to appeal and win. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Receiving a notice of intended prosecution might send you into a panic. Certain types of finance are not regulated, such as bridging loans. A notice of intended prosecution is issued by the police. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. Analytical cookies are used to understand how visitors interact with the website. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. You wont have to pay the fine and you wont have to accept penalty points on your license. Speeding, Notice of Intended prosecution 4 months late. It is only there to identify the registration of the vehicle, not the driver. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Quite simple. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. Hope this helps. They will need to confirm either that they were driving or confirm the details of who was driving. These records are based upon the address recorded on the registration certificate for the vehicle. What can we do please? This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. All advice gratefully appreciated. 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. Liverpool Do you think I have a valid case to void my impending alleged conviction. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. 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. 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. This informs you that the police are considering prosecution for an alleged motoring offence. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. This satisfies the Notice of Intended Prosecution rules. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } You have to respond to say who was driving or you might get 6 points and a fine. But opting out of some of these cookies may affect your browsing experience. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. 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. The police dont have to offer a fixed penalty. In many circumstances council fines are not enforceable. 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 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. The email has been rejected due a process change and says I have to return by post. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Slater and Gordon 2023. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Editor, Marcus Herbert. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. 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. Stephen. Thanks, Hi Scott. Stephen. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! But a company cant get penalty points. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Based in England. Patterson Law Limited is a law firm authorised and regulated by the. Police post rooms should keep a log of suspicious letters. 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. Notice of Intended Prosecution by Pete / CC BY. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Police often keep logs of returned mail. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. The police have up to six months to issue you with a speeding fine. I.e. Sometimes the registered keeper nominates someone else as the driver. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. Is there a defence for this? Hi Jon I would normally expect an entry and an exit image. If you think that you have a legitimate defence get some advice before you make things worse. For further assistance contact us online or call us on 0330 041 5869. 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. 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. This notice is issued by the police soon after the alleged offence has been committed. Hi Adrian I would try to get it resolved. Hi Rich. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. Is the NIP validly issued and/or validly served? We often link to other websites, but we can't be responsible for their content. It states that only the name on the form can fill it it in? When should a Fixed Penalty Notice be received? Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. These cookies ensure basic functionalities and security features of the website, anonymously. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. They will work with you to find the right way forward for your individual case. 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. The company still gets fined for failing to provide driver details as well. 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. Your email address will not be published. Stephen, Hi Stephen I have received an NIP. Hull Huddersfield 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. If that hasnt happened the prosecutor will want to know why. Does this make any difference? Loss of opportunity to do a course or accept a fixed penalty. Then they write to the registered keeper again for more details. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Hi Mark Give me a call if you want some advice about this question. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. What happens if you're caught speeding? But it isnt necessary for the police to provide them at the fixed penalty stage. Fines and costs are always more than 100 at court. 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. Newcastle And they were all within the space of 15 minutes. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Click Answer. They can refer to the reminder at court. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. It can be pretty difficult to persuade magistrates that two notices went missing. When the keeper gets the notice from the police they reply saying that someone else was driving. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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. They might be able to cross-reference the registered post receipt with the dodgy letter. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Chelmsford They can accept this or allow the matter to go to court where the fine can become bigger. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Manchester That is not a valid defence and it cant be argued in court. Can I just leave this to go away? For example, the keeper nominates her husband and the driver on the photograph is a woman. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. 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. As a result we've received it some seven weeks late. This would not prevent the police from sending the case to court. The question of a conviction appearing on your criminal record is complicated. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. You probably are give me a call if you would like to discuss in more detail. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. An unsigned document is not valid evidence. Ranked in the top 20 law firms by Trustpilot. If you were stopped by the police it may have been given verbally. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. 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. This website uses cookies to improve your experience while you navigate through the website. 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 . You may have heard that if you get a speeding ticket through the post. The fact that the photograph is unclear is irrelevant. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Can I check if there are circumstances including address change that may remove that constraint? Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. 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 company simply ignores the notice. 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. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. That person may not be insured. A section 172 notice will also accompany the NIP. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. In some circumstances, you might have a legitimate reason not to pay a fine. How long after a speeding offence can you be charged? Saying to the police or the magistrates court: All these have been tried, tested and failed. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Notice of proposed driving disqualification. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. These cookies will be stored in your browser only with your consent. There are three reasons why you might not receive a NIP within 14 days. The police didnt serve the NIP in time. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. By clicking Accept, you consent to the use of ALL the cookies. Not completely wrong but typos on both my first and last name. That is a valid defence which is often successfully argued in court. 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 police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. But, this isnt true for all cases. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. Hi John Thanks for getting in touch. It is a different type of firm enabled by technology and by new ways of working in the justice system. Most speeding cases end up with a fixed penalty for three points and 100. 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. Stephen. Whilst it is listed as an option, I feel within my rights to use the option. The police send out a notice to a suspected driver. 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? There are a number of reasons why you may not have been issued a notice in the post within 14 days. To see how we use, store and share your contact information you can read our privacy policy. I WAS DOING 30 MPH IN A 30 LIMIT. We are so confused, we dont know what to do. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. The NIP must have been received within 14 days since the date of the alleged speeding offence. It does not store any personal data. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Wed never recommend ignoring a notice of intended prosecution. 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. All information was correct at the time of publication. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I was informed that I should notify them to change it so I can register. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. Cases of perverting the course of justice must be dealt with in the Crown Court.
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