In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. 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. Sometimes the registered keeper nominates someone else as the driver. 3. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. I hope that it is obvious. The name on the NIP is spelt wrong. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. What happens if I don't receive a NIP after 14 days? These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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? The fact that the photograph is unclear is irrelevant. But above all it is not worth the risk. It is simply to notify that the police may take action. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. There might be a photograph from the speed camera showing some detail of the driver. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Conviction for failing to provide driver details. Come back to me if you would like my help with this matter. Hi Matthew There is no such thing as rejecting an NIP. 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 police have sent you a speeding fine what should you do? 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. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. I.e. You can find out more by contacting MoneyHelper. It is a different type of firm enabled by technology and by new ways of working in the justice system. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. It can be pretty difficult to persuade magistrates that two notices went missing. 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. Evidence will be required before a driver can be prosecuted for speeding. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. I am not saying that anyone should admit to speeding when they didnt do it. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Thats when MoneyNerd was born. Then they write to the registered keeper again for more details. This is to notify them how much they have been fined and if penalty points will be added to their license. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. I have just received a Notice of Intended Prosecution for speeding. 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. Knowing your rights could help you avoid paying a speeding fine. Hi Michael. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Quite simple. Is there a defence for this? 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. What should I do? 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. Have you got any points already? I hope that this information helps. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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. First of all, youll need to respond to the section 172 request to identify the driver. Another case says that an unsigned form does not amount to a reply. However, there are a few situations in which you may not receive a NIP through the post within 14 days. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. The company receives the notice from the police requiring the details of the driver. Can I check if there are circumstances including address change that may remove that constraint? so obviously he cant complete the NIP form so what will happen next? 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. What can I claim for in a personal injury case? We Will Answer Your Motoring Offence Question Free The police will write to the false person who is overseas. This is my big list of case law relating to cases of driving with excess alcohol. How long after a speeding offence can you be charged? Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. However, there are some exceptions. These offences are usually caught on camera. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. You have to respond to say who was driving or you might get 6 points and a 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. At MoneyNerd, we are passionate about simplifying finance. Hope this helps. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? Do you think I have a clear argument for it? Not to be confused with genuine cases where someone did not receive the notice in the post. If the recipient fails to respond, or if they were to write . 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 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 . The Notice of Intended Prosecution comes before the actual speeding fine. 0333 443 2366 Mobile friendly number. They go to extraordinary lengths to avoid justice. They fill in the notice with the false details. The course lasts for half a day and there are no penalty points. and our 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. Speeding, Notice of Intended prosecution 4 months late. Notice of Intended Prosecution. For example, the keeper nominates her husband and the driver on the photograph is a woman. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. Caddick Davies can talk you through the options available to you, based on your individual case. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Editor, Marcus Herbert. Notice of intended prosecution sent to wrong address. 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. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. Hi Bryony Thanks for getting in touch. Trademark No: UK00003340161. You could try Michael Lyon Solicitors in Glasgow. Its easy to panic if you receive a notice of intended prosecution. 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. Your email address will not be published. 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. An unsigned document is not valid evidence. London Necessary cookies are absolutely essential for the website to function properly. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. 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. As a result we've received it some seven weeks late. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Notice of intended prosecution loopholes and scams just dont work so dont try them. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. 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. 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. Why you might not receive a NIP within 14 days. 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 . The police usually send a reminder when they dont get a response the first notice. Fees may be payable depending on your final choice of financial product. Yes. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Sorry to hear about what has happened. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Speeding charge sent to wrong address . I have done this and sent the forms back. I am sure that some people do get away with notice of intended prosecution loopholes and scams. Your email address will not be published. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. 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. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. The NIP has to be served on the registered keeper within 14 days. Usually the identity of the driver comes out of the process and they are dealt with. How do I challenge this charge. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. Magistrates guidelines often mean that they impose more than three points. NIP will be sent out to the details held on PNC at the time the search was made. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. It does not store any personal data. IS IT WORTH FIGHTING ON THESE GROUNDS? 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. They make sure that the envelope is sent by registered post. a red light); careless driving; MoneyNerd is not associated with MoneyHelper, we just think theyre great. When a driver has been going just over the speed limit the police offer them a speed awareness course. This is done by issuing a Notice of Intended Prosecution (NIP). These offences are usually caught on camera. 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. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Please give me a call if you would like to discuss the evidence on 0330 111 6074. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. The criminal record is not the only thing that you might need to think about. Wed never recommend ignoring a notice of intended prosecution. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. Note, things do change and sometimes we do miss things (were only human! Thanks! Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Hi Rich. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. 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. Police often keep logs of returned mail. This one isnt so much as a scam as a mis-understanding of the law. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Nottingham Make sure that you get proof of postage and keep a copy of your response. 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. 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. Notice Of Intended Prosecution: What Next? On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. 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! 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. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Sometimes the driver/keeper asks the police to send them a photograph. What should i do? If the notice didnt get delivered, then the post office often returns to sender. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Hi Paul. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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 . Stephen. 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019.