notice of intended prosecution speeding sent to wrong address notice of intended prosecution speeding sent to wrong address

If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. The Notice of Intended Prosecution comes before the actual speeding fine. 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 . Hi Paul. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to 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. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. 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. There are circumstances where you may not have received the NIP within 14 . If the DVLA record has a current address at the issue date of the V5C, I reckon a. Norwich 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. 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. Stephen. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? When should a Fixed Penalty Notice be received? Yes. These cookies will be stored in your browser only with your consent. 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? Sorry to hear about what has happened. Can I check if there are circumstances including address change that may remove that constraint? 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. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Conviction for perverting the course of justice. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). ), You received a verbal warning instead and wont receive a NIP. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 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. The cookie is used to store the user consent for the cookies in the category "Performance". The Notice of Intended Prosecution arrived after 14 days within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 18:28, 18:38, 18:43 time wise. In the case of more serious offences, the case may be referred to the courts. They will work with you to find the right way forward for your individual case. 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. Have you got any points already? Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Police post rooms should keep a log of suspicious letters. You have a legal obligation to respond to a NIP which is addressed to you. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. The driver ends up with a fixed penalty for three points or a court case instead. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. What action should you take? }); 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. Membership and partnership organisations home. It is simply to notify that the police may take action. 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. You may have heard that if you get a speeding ticket through the post. Our team fact-checks content to ensure accuracy at the time of writing. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. This paragraph should be read in conjunction with 2.202 in cases of accidents. A section 172 notice will also accompany the NIP. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. The police send out thousands of notices to drivers suspected of speeding and other offences every year. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. What should i do? You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Sometimes the registered keeper nominates someone else as the driver. 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. I am not saying that anyone should admit to speeding when they didnt do it. Do you think I have a clear argument for it? The police send a document to the registered keeper of the vehicle. This informs you that the police are considering prosecution for an alleged motoring offence. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. In some circumstances, you might have a legitimate reason not to pay a fine. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving 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. Carlisle The date of the offence was 24/12/2020, and the notice dated 30/12/2020. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. and our The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Then they write to the registered keeper again for more details. They can prosecute the registered keeper or anyone else who they sent a notice to. You have to respond to say who was driving or you might get 6 points and a fine. 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. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. The notice of intended prosecution (NIP) was sent to our old company address. Newsroom> Quite simple. How do I challenge this charge. In extreme cases conviction for perverting the course of justice. What do I do with the NIP after it has missed the 14 days ? Caddick Davies can talk you through the options available to you, based on your individual case. When the keeper gets the notice from the police they reply saying that someone else was driving. Trademark No: UK00003340161. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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? Not only is it wrong to break the law it could land you with a prison sentence. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Thats where they get the names from. 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. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. All advice gratefully appreciated. You need to find out whose mistake it is. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. It can be pretty difficult to persuade magistrates that two notices went missing. Formal Notice of Intended Prosecution Sometimes the driver/keeper asks the police to send them a photograph. 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. Notice of intended prosecution loopholes and scams just dont work so dont try them. They will get six points and a fine all of their own. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. Your email address will not be published. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. 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. If the police have sent you a speeding fine what should you do? On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. That person may not be insured. 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. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. a red light); careless driving; 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 photograph is a red herring. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. the speeding ticket. The notice has to be sent to the registered address on the V5 within 14 days. They accept that they were driving and go on a course or accept a fixed penalty. Different bands and the specifics of the incident determine the exact amount youre fined. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. The police usually send a reminder when they dont get a response the first notice. If you want to discuss the case, please give me a call on 07984 436464. 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? Hull 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. A notice of intended prosecution is issued by the police. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. They can refer to the reminder at court. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) The NIP has to be served on the registered keeper within 14 days. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. The company receives the notice from the police requiring the details of the driver. 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. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Nottingham The defence at court is that there is no evidence of who was driving. I.e. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. Speeding fine received after 14 days what does this mean for you? Necessary cookies are absolutely essential for the website to function properly. Such a warning is normally known as a "notice of intended prosecution", or NIP. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If that hasnt happened the prosecutor will want to know why. Offer you a conditional fixed penalty, which is three points and 100 fine . The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. If you are stopped by the police, a notice of intended prosecution can be given verbally. Make sure that you get proof of postage and keep a copy of your response. There are a few ways that this plot can be foiled. The matter will be referred to the magistrates . People dont want points on their driving licence, fines or even driving bans. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Certain types of finance are not regulated, such as bridging loans. Fines and costs are always more than 100 at court. The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to 1,000. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. What is a Notice of Intended Prosecution? The defective NIP maybe a defence to the Speeder though. The cookie is used to store the user consent for the cookies in the category "Other. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Loss of opportunity to do a course or accept a fixed penalty. The cookie is used to store the user consent for the cookies in the category "Analytics". They have to go to court and lie on oath. 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. 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. Hi Mark Give me a call if you want some advice about this question. 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 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. What can we do please? Please give me a call if you would like to discuss the case in more detail. What action should you take? I have sent you an email about your case. If the registered keeper says that they were driving, the police go on to look at the offence, they might: The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Sometimes the police give a link to a photograph from the speed camera online. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. Hope this helps. However, there are a few situations in which you may not receive a NIP through the post within 14 days. This is quite a complicated area of law. 2. For further assistance contact us online or call us on 0330 041 5869. All of the alternatives are worse than simply accepting the original penalty. Slater and Gordon 2023. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. The name on the NIP is spelt wrong. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. 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! This would not prevent the police from sending the case to court. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. In 2015 I set up Stephen Oldham Solicitors. We are so confused, we dont know what to do. 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. Bradford In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Rob Says: It depends! But, this isnt true for all cases. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Can I just leave this to go away? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The police send a notice to the person who has been nominated. Usually the identity of the driver comes out of the process and they are dealt with. 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. Notice Of Intended Prosecution: What Next? Id like to know what is classed as evidence when a speed camera is involved. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Why you might not receive a NIP within 14 days. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. You may have heard that if you get a speeding ticket through the post. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Conviction for failing to identify the driver. 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. I have now received a follow up letter which says a copy of the charge was sent within . 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. 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. Conviction for failing to provide driver information. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. The keeper must identify the driver unless they are unable to. Thats when MoneyNerd was born. 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. They can accept this or allow the matter to go to court where the fine can become bigger. An unsigned document is not valid evidence. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Stephen. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. The magistrates might decide that there is enough evidence anyway. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. The police send out a requirement to provide driver information. Your email address will not be published. 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. They go to extraordinary lengths to avoid justice. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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. Cookie Notice 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. 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). 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. Regards Timothy Bradshaw. 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The problem is,. Stephen. 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 . Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. You will then receive a Fixed Penalty Notice or court summons if being prosecuted.