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. 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. How long after a speeding offence can you be charged? A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Yes. if (window.fbq) { window.fbq('track', 'Lead'); } What do I do with the NIP after it has missed the 14 days ? 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. London I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Do you think I have a valid case to void my impending alleged conviction. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. For further assistance contact us online or call us on 0330 041 5869. 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. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. Speeding charge sent to wrong address . 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. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. This cookie is set by GDPR Cookie Consent plugin. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. Youll then have 28 days to accept the fine and potential penalty points. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Police often keep logs of returned mail. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Will a driving conviction appear on my criminal record? 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 This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. We Will Answer Your Motoring Offence Question Free Offer you a speed awareness course, which will result in no points being endorsed on your licence. Trademark No: UK00003340161. Conviction for perverting the course of justice. 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. Formal Notice of Intended Prosecution Regards Matthew. What can I claim for in a personal injury case? The criminal record is not the only thing that you might need to think about. 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. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. 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 course lasts for half a day and there are no penalty points. Again, remember to take off the day of the alleged offence. I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. I WAS DOING 30 MPH IN A 30 LIMIT. All of the alternatives are worse than simply accepting the original penalty. With a recent 3 points accepted and 3 points dropping off in Dec 2019. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. 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. 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. 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). Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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. 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. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. 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. However, the most important thing is to stay calm and deal with the situation at hand. 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. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. This is my big list of case law relating to cases of driving with excess alcohol. I have done this and sent the forms back. Usually the identity of the driver comes out of the process and they are dealt with. Plus, a document called a Section 172 notice. Please give me a call if you would like to discuss the case in more detail. Avoiding a ban for drink driving is not easy. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. 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. However I was not in that area at the time. Evidence will be required before a driver can be prosecuted for speeding. Regards Rob, Hi Rob. The cookie is used to store the user consent for the cookies in the category "Other. 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. Surely this is way too late for them to take any action. Notice of proposed driving disqualification. Can I just leave this to go away? What should i do? I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. 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. No However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. Not to be confused with genuine cases where someone did not receive the notice in the post. I hope that this information helps. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. The fact that the photograph is unclear is irrelevant. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. You have to respond to say who was driving or you might get 6 points and a fine. The Notice of Intended Prosecution comes before the actual speeding fine. Have you got any points already? First of all, youll need to respond to the section 172 request to identify the driver. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Home> I also note that the prosecution should start within 6 months. How do I challenge this charge. The police have up to six months to issue you with a speeding fine. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Necessary cookies are absolutely essential for the website to function properly. ICO No: ZB338550. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. But lying during the process will be a disaster. 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. 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. 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. They can accept this or allow the matter to go to court where the fine can become bigger. Analytical cookies are used to understand how visitors interact with the website. The police send a notice to the person who has been nominated. 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. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Thanks, Hi Scott. Written confirmation is being sent to you in order to confirm that no further action will be taken. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. 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 have now received a follow up letter which says a copy of the charge was sent within . The company is happy to pay the fine knowing that the drivers licence is saved. You need to find out whose mistake it is. The police usually send a reminder when they dont get a response the first notice. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. But opting out of some of these cookies may affect your browsing experience. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Most speeding cases end up with a fixed penalty for three points and 100. Make sure that you get proof of postage and keep a copy of your response. Hi Adrian I would try to get it resolved. 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Thats where they get the names from. Privacy Policy. 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. 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. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Stephen, Hi Stephen I have received an NIP.
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