They will work with you to find the right way forward for your individual case. Their case is at court. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Is there a requirement for warning signs to be in place in and around the location of the speed check? These cookies track visitors across websites and collect information to provide customized ads. Thats where they get the names from. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Conviction for failing to provide driver details. Let me explain Not only did I save 50 on fees, I also won and, Car Finance Debt New 2023 Laws & Your Rights, Council Tax Debt New 2022 Laws & Your Rights, Credit Card Debt Options to Clear Your Debt, Reducing Your Debt What Are Your Options? If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. However, the most important thing is to stay calm and deal with the situation at hand. Necessary cookies are absolutely essential for the website to function properly. If the police have sent you a speeding fine what should you do? If you are not the registered keeper there is no time limit. 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. 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. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. The date on my newly updated V05 document is. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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. These records are based upon the address recorded on the registration certificate for the vehicle. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. Analytical cookies are used to understand how visitors interact with the website. What can I claim for in a personal injury case? If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 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. 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. 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. Maybe you have decided to go along without a lawyer. Patterson Law Limited is a law firm authorised and regulated by the. These offences are usually caught on camera. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 2. Formal Notice of Intended Prosecution Do you think I have a clear argument for it? Offer you a conditional fixed penalty, which is three points and 100 fine . 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. DVLA give the name and address of the registered keeper to the police. Sometimes the driver/keeper asks the police to send them a photograph. The company still gets fined for failing to provide driver details as well. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. 18:28, 18:38, 18:43 time wise. Stephen. ), so its important that you read the terms of any products that youre considering before you apply. I have done this and sent the forms back. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. 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. Receiving a notice of intended prosecution might send you into a panic. Does this make any difference? 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. Such a warning is normally known as a "notice of intended prosecution", or NIP. All of the alternatives are worse than simply accepting the original penalty. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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. 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. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. When you receive a notice, it does not mean the prosecution will necessarily happen. They go to extraordinary lengths to avoid justice. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Knowing your rights could help you avoid paying a speeding fine. They were 80mph, 80mph, 81mph in 70mph zone. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. An unsigned document is not valid evidence. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. But lying during the process will be a disaster. The photograph is a red herring. Slater and Gordon 2023. 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? A person is charged with failing to provide driver information. 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. 03301116074. Newcastle Dispute a Notice of Intended Prosecution (NIP). There are circumstances where you may not have received the NIP within 14 . Cases of perverting the course of justice must be dealt with in the Crown Court. We do this from the outset of your case and throughout its duration. The cookies is used to store the user consent for the cookies in the category "Necessary". Keepers of vehicles and suspected drivers must reply and tell the police who was driving. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. 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. document.addEventListener('wpcf7mailsent', function (event) { Is the NIP validly issued and/or validly served? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Caddick Davies can talk you through the options available to you, based on your individual case. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. This informs you that the police are considering prosecution for an alleged motoring offence. The told me exactly how to appeal and win. 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. Notice Of Intended Prosecution: What Next? Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. The course lasts for half a day and there are no penalty points. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. 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! Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Surely this is way too late for them to take any action. Ranked in the top 20 law firms by Trustpilot. These cookies ensure basic functionalities and security features of the website, anonymously. 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. The police have up to six months to issue you with a speeding fine. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. You arent the registered vehicle keeper. Hull This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. NIP will be sent out to the details held on PNC at the time the search was made. The Notice of Intended Prosecution arrived after 14 days 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. First of all, youll need to respond to the section 172 request to identify the driver. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Written confirmation is being sent to you in order to confirm that no further action will be taken. 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. 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. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. It is only there to identify the registration of the vehicle, not the driver. Speeding charge sent to wrong address . The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Please give me a call if you would like to discuss the case in more detail. How do I challenge this charge. What happens if I don't receive a NIP after 14 days? 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. What action should you take? Firstly I currently have 6 points on my licence. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. 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. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. I have sent you an email about your case. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. What does Michael Howard have in common with Christine Hamilton? In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. 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 then receive a Fixed Penalty Notice or court summons if being prosecuted. That is not a valid defence and it cant be argued in court. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next.
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