I WAS DOING 30 MPH IN A 30 LIMIT. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. Caddick Davies can talk you through the options available to you, based on your individual case. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Whilst it is listed as an option, I feel within my rights to use the option. However I was not in that area at the time. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. However, the most important thing is to stay calm and deal with the situation at hand. 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. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. They dont receive a reply due to the fact that they dont exist. Their evidence will be tested at trial. 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. 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. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. If the recipient fails to respond, or if they were to write . Loss of opportunity to do a course or accept a fixed penalty. In the case of more serious offences, the case may be referred to the courts. 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 . If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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. 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 - A Guide - Roadtrafficlaw.com Avoiding a ban for drink driving is not easy. 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? 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. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 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. Regards Matthew. That person may not be insured. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. In this case, you won't have to pay the fine or accept any points on your licence. Your email address will not be published. The email has been rejected due a process change and says I have to return by post. These cookies track visitors across websites and collect information to provide customized ads. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . If the DVLA record has a current address at the issue date of the V5C, I reckon a. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Speeding | Metropolitan Police The fact that the photograph is unclear is irrelevant. 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. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. There might be a photograph from the speed camera showing some detail of the driver. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Can I reject a speeding ticket after 14 days? | The Sun Cookie Notice This will almost certainly be after you'd moved. Then they write to the registered keeper again for more details. This cookie is set by GDPR Cookie Consent plugin. For more information, please see our Does this make any difference? 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. 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. 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. This one isnt so much as a scam as a mis-understanding of the law. Stephen. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. ICO No: ZB338550. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. 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. 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. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Conviction for failing to provide driver information. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. A notice of intended prosecution is issued by the police. There are three reasons why you might not receive a NIP within 14 days. 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. I am not saying that anyone should admit to speeding when they didnt do it. They were 80mph, 80mph, 81mph in 70mph zone. The company receives the notice from the police requiring the details of the driver. All advice gratefully appreciated. Rob Says: It depends! 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. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. The matter will be referred to the magistrates . Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Is this charge enforceable? But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? Speeding | Merseyside Police 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Sometimes the police give a link to a photograph from the speed camera online. If you are stopped by the police, a notice of intended prosecution can be given verbally. When the keeper gets the notice from the police they reply saying that someone else was driving. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. These records are based upon the address recorded on the registration certificate for the vehicle. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. Cases of perverting the course of justice must be dealt with in the Crown Court. Sorry to hear about what has happened. 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 driver ends up with a fixed penalty for three points or a court case instead. Slater and Gordon 2023. The notice has to be sent to the registered address on the V5 within 14 days. 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? They go to extraordinary lengths to avoid justice. A defective NIP is not a defence to failing to name the driver so you must still provide that information. If that hasnt happened the prosecutor will want to know why. Conviction for failing to identify the driver. Im wondering how best to proceed on what next steps to take? Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. This is quite a complicated area of law. The keeper must identify the driver unless they are unable to. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Notice of Intended Prosecution - Driving Test Tips Do you think I have a clear argument 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. The driver fills in the details nominating him or herself but doesnt sign the form. If you want to discuss the case, please give me a call on 07984 436464. The cookies is used to store the user consent for the cookies in the category "Necessary". Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. However, the alleged offence is stated as 06/02/2022. Is there a requirement for warning signs to be in place in and around the location of the speed check? Leeds This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. 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. This cookie is set by GDPR Cookie Consent plugin. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. Our team fact-checks content to ensure accuracy at the time of writing. 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. You have a legal obligation to respond to a NIP which is addressed to you. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. This is done by issuing a Notice of Intended Prosecution (NIP). If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. For further assistance contact us online or call us on 0330 041 5869. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. ), You received a verbal warning instead and wont receive a NIP. NIPs to the Wrong Address - David Barton | Motorist Lawyer Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. Hope this helps. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 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. 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Speeding Fines, Tickets And Penalties Explained - Which? 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.