They will need to confirm either that they were driving or confirm the details of who was driving. 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. The Notice of Intended Prosecution comes before the actual speeding fine. I have now received a follow up letter which says a copy of the charge was sent within . 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. However, it does act as a warning that you may be prosecuted for the alleged offence. The police send a notice to the person who has been nominated. Thanks! We are so confused, we dont know what to do. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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 Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. The vehicle information is correct. Hope this helps. What should I do? For example, the keeper nominates her husband and the driver on the photograph is a woman. I hope that it is obvious. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. 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. Liverpool Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 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. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. The Notice of Intended Prosecution arrived after 14 days ICO No: ZB338550. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. It is a different type of firm enabled by technology and by new ways of working in the justice system. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Notice of Intended Prosecution by Pete / CC BY. 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. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Their evidence will be tested at trial. Speeding, Notice of Intended prosecution 4 months late With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. Make sure that you get proof of postage and keep a copy of your response. The police send out thousands of notices to drivers suspected of speeding and other offences every year. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. They will get six points and a fine all of their own. 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. Maybe you have decided to go along without a lawyer. We also use third-party cookies that help us analyze and understand how you use this website. Conviction for perverting the course of justice. Newcastle What action should you take? MoneyNerd is not associated with MoneyHelper, we just think theyre great. What can we do please? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Can I reject a speeding ticket after 14 days? | The Irish Sun That is a valid defence which is often successfully argued in court. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Is the NIP validly issued and/or validly served? 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. Does this make any difference? By clicking Accept, you consent to the use of ALL the cookies. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Sometimes the driver/keeper asks the police to send them a photograph. 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. 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. If youve received a notice of intended prosecution, you may be concerned about the potential implications. How long after a speeding offence can you be charged? Notice of Intended Prosecution (NIP) - Road Traffic The notice of intended prosecution (NIP) was sent to our old company address. Stephen. Im wondering how best to proceed on what next steps to take? Chelmsford You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. But a company cant get penalty points. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. 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. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. Whilst it is listed as an option, I feel within my rights to use the option. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law 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. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. 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. 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. 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. if (window.fbq) { window.fbq('track', 'Lead'); } When the keeper gets the notice from the police they reply saying that someone else was driving. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. Written confirmation is being sent to you in order to confirm that no further action will be taken. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Sorry to hear about what has happened. They can refer to the reminder at court. 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. Saying to the police or the magistrates court: All these have been tried, tested and failed. This paragraph should be read in conjunction with 2.202 in cases of accidents. There are a few ways that this plot can be foiled. Our team fact-checks content to ensure accuracy at the time of writing. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Stephen, Hi Stephen I have received an NIP. What should i do? Nottingham 0333 443 2366 Mobile friendly number. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. DVLA give the name and address of the registered keeper to the police. 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. For more information, please see our All rights reserved. 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. Hull Is the speed alleged on the NIP an average over two or more points or at a single point? All of the alternatives are worse than simply accepting the original penalty. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. The cookie is used to store the user consent for the cookies in the category "Analytics". The police didnt serve the NIP in time. The police have up to six months to issue you with a speeding fine. This cookie is set by GDPR Cookie Consent plugin. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. If the registered keeper says that they were driving, the police go on to look at the offence, they might: What happens if I don't receive a NIP after 14 days? Notice of Intended Prosecution. Usually the identity of the driver comes out of the process and they are dealt with. Magistrates guidelines often mean that they impose more than three points. I may be able to dissuade the police from taking the matter further. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The matter will be referred to the magistrates . the speeding ticket. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. This informs you that the police are considering prosecution for an alleged motoring offence. Hi Matthew There is no such thing as rejecting an NIP. Thanks, Hi Scott. You also have the option to opt-out of these cookies. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The notice has to be sent to the registered address on the V5 within 14 days. You probably are give me a call if you would like to discuss in more detail. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Receiving a notice of intended prosecution might send you into a panic. Caddick Davies can talk you through the options available to you, based on your individual case. Can I reject a speeding ticket after 14 days? | The Sun Fixed Penalty Notices: all you need to know | RAC Drive You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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.