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. I have received an NIP for my farther who has sadly passed away. 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. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. But opting out of some of these cookies may affect your browsing experience. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. The defective NIP maybe a defence to the Speeder though. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Surely this is way too late for them to take any action. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Slater and Gordon 2023. In 2015 I set up Stephen Oldham Solicitors. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Your email address will not be published. They might be able to cross-reference the registered post receipt with the dodgy letter. Their case is at court. 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. The police frequently get details of drivers from the national insurance database. 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. 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. 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. 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. About Us Seeherefor details about our law firm. If you are not the registered keeper there is no time limit. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. Required fields are marked *. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. The police dont have to offer a fixed penalty. If you need to discuss the details, give me a call on 03301116074. At MoneyNerd, we are passionate about simplifying finance. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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 . so obviously he cant complete the NIP form so what will happen next? 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. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. 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. You probably are give me a call if you would like to discuss in more detail. The matter will be referred to the magistrates . How do I challenge this charge. Speeding fine received after 14 days what does this mean for you? Speeding charge sent to wrong address . If you think that you have a legitimate defence get some advice before you make things worse. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. However, the alleged offence is stated as 06/02/2022. These offences are usually caught on camera. What action should you take? As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Home> If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. The notice of intended prosecution (NIP) was sent to our old company address. What action should you take? That is the job of the keeper who has a legal obligation to tell the police who was driving. The email has been rejected due a process change and says I have to return by post. 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. I may be able to dissuade the police from taking the matter further. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. What is a Notice of Intended Prosecution? The date on my newly updated V05 document is. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. This will indicate when DVLA actually updated their records. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. I have just received a Notice of Intended Prosecution for speeding. Rob Says: It depends! This is done by issuing a Notice of Intended Prosecution (NIP). This cookie is set by GDPR Cookie Consent plugin. We are so confused, we dont know what to do. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Huddersfield When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The criminal record is not the only thing that you might need to think about. Chelmsford Ranked in the top 20 law firms by Trustpilot. The police send a document to the registered keeper of the vehicle. If that hasnt happened the prosecutor will want to know why. 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 letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. The Notice of Intended Prosecution comes before the actual speeding fine. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. Hi John Thanks for getting in touch. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. It can be pretty difficult to persuade magistrates that two notices went missing. If the police have sent you a speeding fine what should you do? Is there a defence for this? The NIP must have been received within 14 days since the date of the alleged speeding offence. That is not a valid defence and it cant be argued in court. Thanks, Hi Scott. The company simply ignores the notice. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. However, there are some exceptions. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. They fill in the notice with the false details. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Stephen. Can I check if there are circumstances including address change that may remove that constraint? middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. I hope that this information helps. I am not saying that anyone should admit to speeding when they didnt do it. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! }); 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. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) 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. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. The police send out thousands of notices to drivers suspected of speeding and other offences every year. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. You can find out more by contacting MoneyHelper. The driver ends up with a fixed penalty for three points or a court case instead. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. Formal Notice of Intended Prosecution 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. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Hi Matthew There is no such thing as rejecting an NIP. I.e. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Again, remember to take off the day of the alleged offence. They can refer to the reminder at court. 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. 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. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. 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? If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Cardiff All rights reserved. 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? Nottingham There might be a photograph from the speed camera showing some detail of the driver. Regards Matthew. Hi Jon I would normally expect an entry and an exit image. I was informed that I should notify them to change it so I can register. The keeper must identify the driver unless they are unable to. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Police post rooms should keep a log of suspicious letters. Please give me a call if you would like to discuss the evidence on 0330 111 6074. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. 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. Based in England. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. 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? ), You received a verbal warning instead and wont receive a NIP. All of the alternatives are worse than simply accepting the original penalty. What happens next after a Notice Of Prosecution? I have sent you an email about your case. Notice Of Intended Prosecution: What Next? 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 registered keeper was driving when they set off a speed camera. 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. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. The told me exactly how to appeal and win. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. They advised me on how to appeal and gave me everything I needed to make an airtight defence. I also note that the prosecution should start within 6 months. The question of a conviction appearing on your criminal record is complicated. It depends! Patterson Law Limited is a law firm authorised and regulated by the. 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. The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. You have to respond to say who was driving or you might get 6 points and a fine. I hope that it is obvious. 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. the speeding ticket. Hope this helps. MoneyNerd is not associated with MoneyHelper, we just think theyre great. This cookie is set by GDPR Cookie Consent plugin. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Hi Adrian I would try to get it resolved. Click Answer. Carlisle In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. The cookies is used to store the user consent for the cookies in the category "Necessary". Hi Michael. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? The name on the NIP is spelt wrong. 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. 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. Police often keep logs of returned mail. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Speeding, Notice of Intended prosecution 4 months late. The notice has to be sent to the registered address on the V5 within 14 days. 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. The magistrates might decide that there is enough evidence anyway. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The course lasts for half a day and there are no penalty points. 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. Usually the identity of the driver comes out of the process and they are dealt with. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. ICO No: ZB338550. Does this make any difference? If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Quite simple. Knowing your rights could help you avoid paying a speeding fine. 3. Offer you a speed awareness course, which will result in no points being endorsed on your licence. I have now received a follow up letter which says a copy of the charge was sent within . Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. They have to go to court and lie on oath. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. I am sure that some people do get away with notice of intended prosecution loopholes and scams. They will work with you to find the right way forward for your individual case. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? 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. The company still gets fined for failing to provide driver details as well. When you receive a notice, it does not mean the prosecution will necessarily happen. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. 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. And they were all within the space of 15 minutes. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 18:28, 18:38, 18:43 time wise. Leeds Most speeding cases end up with a fixed penalty for three points and 100. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? 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. This one isnt so much as a scam as a mis-understanding of the law. However, it does act as a warning that you may be prosecuted for the alleged offence. You have a legal obligation to respond to a NIP which is addressed to you. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. Fines and costs are always more than 100 at court. 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. Bristol If so, how many? 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