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). In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. When you receive a notice, it does not mean the prosecution will necessarily happen. You need to find out whose mistake it is. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. We Will Answer Your Motoring Offence Question Free Stephen. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. We Can Help. Hi Matthew There is no such thing as rejecting an NIP. When the keeper gets the notice from the police they reply saying that someone else was driving. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. 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. 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. All advice gratefully appreciated. 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. I have received a Notice of Intended Prosecution what should I do How to Properly Deal with a Notice of Intended Prosecution Your email address will not be published. The company is happy to pay the fine knowing that the drivers licence is saved. Speeding, Notice of Intended prosecution 4 months late. Quite simple. 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. Thats when MoneyNerd was born. 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. There might be a photograph from the speed camera showing some detail of the driver. ), You received a verbal warning instead and wont receive a NIP. A section 172 notice will also accompany the NIP. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. If you are not the registered keeper there is no time limit. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Is the NIP validly issued and/or validly served? NIP sent to wrong address - can I appeal? - Honest John Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Bradford A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. What happens next after a Notice Of Prosecution? If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. I received this notice in the post today 15/06/2021! Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. All rights reserved. In some circumstances, you might have a legitimate reason not to pay a fine. We are so confused, we dont know what to do. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. 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 Mark Give me a call if you want some advice about this question. The company receives the notice from the police requiring the details of the driver. The defence at court is that there is no evidence of who was driving. NIP will be sent out to the details held on PNC at the time the search was made. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. The NIP has to be served on the registered keeper within 14 days. Hi Bryony Thanks for getting in touch. and our That person may not be insured. 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. document.addEventListener('wpcf7mailsent', function (event) { Conviction for failing to provide driver details. Most police forces send a reminder when they dont get a reply to the first notice. All information was correct at the time of publication. 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. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. We do this from the outset of your case and throughout its duration. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. They make sure that the envelope is sent by registered post. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. They will need to confirm either that they were driving or confirm the details of who was driving. Membership and partnership organisations home. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). The email has been rejected due a process change and says I have to return by post. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. Maybe you have decided to go along without a lawyer. 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. 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. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Can I reject a speeding ticket after 14 days? | The Sun But a company cant get penalty points. Dispute a Notice of Intended Prosecution (NIP). DVLA give the name and address of the registered keeper to the police. This notice is issued by the police soon after the alleged offence has been committed. Speeding charge sent to wrong address : r/LegalAdviceUK That is not a valid defence and it cant be argued in court. What Happens Next After Notice Of Prosecution? - Slater Police post rooms should keep a log of suspicious letters. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Id like to know what is classed as evidence when a speed camera is involved. This cookie is set by GDPR Cookie Consent plugin. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. 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. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? Saying to the police or the magistrates court: All these have been tried, tested and failed. In this case, you won't have to pay the fine or accept any points on your licence. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. I have received an NIP for my farther who has sadly passed away. They fill in the notice with the false details. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! The notice has to be sent to the registered address on the V5 within 14 days. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). If you were speeding take the hit and stop moaning. At MoneyNerd, we are passionate about simplifying finance. 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. Bristol reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) 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. Editor, Marcus Herbert. 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. You wont have to pay the fine and you wont have to accept penalty points on your license. The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. Cookie Notice You can find out more by contacting MoneyHelper. Manchester When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. They will get six points and a fine all of their own. Notice of Intended Prosecution | Devon and Cornwall Police The cookie is used to store the user consent for the cookies in the category "Performance". The consequences are often costlier and more serious than a speed awareness course or three penalty points. The cookie is used to store the user consent for the cookies in the category "Other. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Slater and Gordon 2023. Privacy Policy. 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. Notice of intended prosecution sent to wrong address - Page 1 - Speed Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. By clicking Accept, you consent to the use of ALL the cookies. Our team fact-checks content to ensure accuracy at the time of writing. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver.
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