Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Do you think I have a clear argument for it? Membership and partnership organisations home. We are so confused, we dont know what to do. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? A defective NIP is not a defence to failing to name the driver so you must still provide that information. Avoiding a ban for drink driving is not easy. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. 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. Conviction for failing to provide driver information. Birmingham Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? Speeding charge sent to wrong address . A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Sometimes the registered keeper nominates someone else as the driver. Editor, Marcus Herbert. By clicking Accept, you consent to the use of ALL the cookies. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. But opting out of some of these cookies may affect your browsing experience. I WAS DOING 30 MPH IN A 30 LIMIT. Their evidence will be tested at trial. They will work with you to find the right way forward for your individual case. This cookie is set by GDPR Cookie Consent plugin. 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. 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. 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 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. London a red light); careless driving; This notice is issued by the police soon after the alleged offence has been committed. Not completely wrong but typos on both my first and last name. They will need to confirm either that they were driving or confirm the details of who was driving. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The cookies is used to store the user consent for the cookies in the category "Necessary". Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. About Us Seeherefor details about our law firm. Notice of Intended Prosecution. 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. Click Answer. What should i do? If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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 could try Michael Lyon Solicitors in Glasgow. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Cardiff Is this charge enforceable? Thats where they get the names from. However, the alleged offence is stated as 06/02/2022. Newcastle This is quite a complicated area of law. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. You also have the option to opt-out of these cookies. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Is there a requirement for warning signs to be in place in and around the location of the speed check? Hi Adrian I would try to get it resolved. 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. 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. They fill in the notice with the false details. If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. The company is happy to pay the fine knowing that the drivers licence is saved. 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. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. They can prosecute the registered keeper or anyone else who they sent a notice to. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. They accept that they were driving and go on a course or accept a fixed penalty. 0333 443 2366 Mobile friendly number. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. There are a few ways that this plot can be foiled. And they were all within the space of 15 minutes. Sometimes this is called giving your points to someone else. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Hull The Notice of Intended Prosecution comes before the actual speeding fine. 3. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. You can find out more by contacting MoneyHelper. 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). That is the job of the keeper who has a legal obligation to tell the police who was driving. They dont receive a reply due to the fact that they dont exist. 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. I have now received a follow up letter which says a copy of the charge was sent within . Conviction for failing to identify the driver. 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. 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Nottingham Stephen. Wed never recommend ignoring a notice of intended prosecution. 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. That person may not be insured. 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). The fact that the photograph is unclear is irrelevant. 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. Required fields are marked *. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. This paragraph should be read in conjunction with 2.202 in cases of accidents. This informs you that the police are considering prosecution for an alleged motoring offence. The cookie is used to store the user consent for the cookies in the category "Other. Notice of Intended Prosecution by Pete / CC BY. 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 need to discuss the details, give me a call on 03301116074. 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. Receiving a notice of intended prosecution might send you into a panic. This cookie is set by GDPR Cookie Consent plugin. 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Does this make any difference? The police send a document to the registered keeper of the vehicle. 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 Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? 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. Your email address will not be published. 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. 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. The notice may be received several months after the alleged offence took place and still be prosecuted. 2. Thats when MoneyNerd was born. You wont have to pay the fine and you wont have to accept penalty points on your license. In 2015 I set up Stephen Oldham Solicitors. In the case of more serious offences, the case may be referred to the courts. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. 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? A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. They might be able to cross-reference the registered post receipt with the dodgy letter. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. This website uses cookies to improve your experience while you navigate through the website. They go to extraordinary lengths to avoid justice. Plus, a document called a Section 172 notice. This is done by issuing a Notice of Intended Prosecution (NIP). If the police have sent you a speeding fine what should you do? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. But a company cant get penalty points. Please enable Javascript to view this webpage. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. 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. For example, the keeper nominates her husband and the driver on the photograph is a woman. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. Why So Much Free Information Whats The Catch? 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? I may be able to dissuade the police from taking the matter further. 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. 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. 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. Offer you a conditional fixed penalty, which is three points and 100 fine . The date on my newly updated V05 document is. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. 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 . Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. We are so confused, we dont know what to do. Stephen. Then they write to the registered keeper again for more details. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Make sure that you get proof of postage and keep a copy of your response. The name on the NIP is spelt wrong.

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