Newsroom> Different bands and the specifics of the incident determine the exact amount youre fined. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. This cookie is set by GDPR Cookie Consent plugin. Notice of intended prosecution loopholes and scams just dont work so dont try them. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. 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. 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. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? They then dont accept a fixed penalty or a course and take the case to court. No Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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? Surely this is way too late for them to take any action. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The cookie is used to store the user consent for the cookies in the category "Analytics". When the keeper gets the notice from the police they reply saying that someone else was driving. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. What happens if you're caught speeding? This will indicate when DVLA actually updated their records. We Can Help. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. Sorry to hear about what has happened. You wont have to pay the fine and you wont have to accept penalty points on your license. 2. 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. 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. 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Thats when MoneyNerd was born. 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. We Will Answer Your Motoring Offence Question Free When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. However, the most important thing is to stay calm and deal with the situation at hand. Your email address will not be published. This cookie is set by GDPR Cookie Consent plugin. We also use third-party cookies that help us analyze and understand how you use this website. However, it does act as a warning that you may be prosecuted for the alleged offence. What action should you take? 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. That is the job of the keeper who has a legal obligation to tell the police who was driving. You also have the option to opt-out of these cookies. When you receive a notice, it does not mean the prosecution will necessarily happen. What can we do please? An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. 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. We are so confused, we dont know what to do. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. What is a Notice of Intended Prosecution? Why So Much Free Information Whats The Catch? Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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. 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? Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Stephen. I may be able to dissuade the police from taking the matter further. Receiving a notice of intended prosecution might send you into a panic. Slater and Gordon 2023. 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 . This is my big list of case law relating to cases of driving with excess alcohol. We are so confused, we dont know what to do. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. At MoneyNerd, we are passionate about simplifying finance. Firstly I currently have 6 points on my licence. The research, conducted by Direct Line Car Insurance, also found that police recorded 1.25 million speeding incidents over a three year period, from 2015-2017. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Their evidence will be tested at trial. Cardiff 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. However, there are some exceptions. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Hi Michael. Is the NIP validly issued and/or validly served? 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. 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. You have a legal obligation to respond to a NIP which is addressed to you. 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. This informs you that the police are considering prosecution for an alleged motoring offence. We do this from the outset of your case and throughout its duration. Do you think I have a valid case to void my impending alleged conviction. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. Not to be confused with genuine cases where someone did not receive the notice in the post. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. 03301116074. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). IS IT WORTH FIGHTING ON THESE GROUNDS? If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. If you were stopped by the police it may have been given verbally. 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. They might be able to cross-reference the registered post receipt with the dodgy letter. The registered keeper was driving when they set off a speed camera. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. I have just received a Notice of Intended Prosecution for speeding. A person is charged with failing to provide driver information. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. Regards Rob, Hi Rob. Magistrates guidelines often mean that they impose more than three points. I have received an NIP for my farther who has sadly passed away. Is this charge enforceable? Caddick Davies can talk you through the options available to you, based on your individual case. 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. You could try Michael Lyon Solicitors in Glasgow. Then they write to the registered keeper again for more details. Im wondering how best to proceed on what next steps to take? Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Stephen. 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. 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? 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.
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