Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Speeding, Notice of Intended prosecution 4 months late. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers document.addEventListener('wpcf7mailsent', function (event) { Thats where they get the names from. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Plus, a document called a Section 172 notice. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 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. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. It is simply to notify that the police may take action. Hull Analytical cookies are used to understand how visitors interact with the website. Speeding offences | Northamptonshire Police The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Speeding Fines, Tickets And Penalties Explained - Which? Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Evidence will be required before a driver can be prosecuted for speeding. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . Do you think I have a valid case to void my impending alleged conviction. What should I do? Leeds 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. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. 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. Membership and partnership organisations home. 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. 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? This would not prevent the police from sending the case to court. 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. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. Regards Rob, Hi Rob. 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. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. 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. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. If you need to discuss the details, give me a call on 03301116074. Fixed Penalty Notices: all you need to know | RAC Drive Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. Receiving a notice of intended prosecution might send you into a panic. Stephen. You need to find out whose mistake it is. Bradford DVLA give the name and address of the registered keeper to the police. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. However, it does act as a warning that you may be prosecuted for the alleged offence. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson 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. This is quite a complicated area of law. Speeding ticket sent to wrong address after 14days | Legal matters Conviction for failing to provide driver details. Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. if (window.fbq) { window.fbq('track', 'Lead'); } Trademark No: UK00003340161. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. 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? 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. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. The company is happy to pay the fine knowing that the drivers licence is saved. We Will Answer Your Motoring Offence Question Free The cookie is used to store the user consent for the cookies in the category "Performance". Speeding charge sent to wrong address : r/LegalAdviceUK A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Saying to the police or the magistrates court: All these have been tried, tested and failed. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. These records are based upon the address recorded on the registration certificate for the vehicle. Their evidence will be tested at trial. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. The notice has to be sent to the registered address on the V5 within 14 days. There are a number of reasons why you may not have been issued a notice in the post within 14 days. 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. 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. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. 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. Offer you a conditional fixed penalty, which is three points and 100 fine . About Us Seeherefor details about our law firm. Thanks, Hi Scott. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. When you receive a notice, it does not mean the prosecution will necessarily happen. They will need to confirm either that they were driving or confirm the details of who was driving. Can I reject a speeding ticket after 14 days? | The Irish Sun The date of the offence was 24/12/2020, and the notice dated 30/12/2020. You may have heard that if you get a speeding ticket through the post. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Editor, Marcus Herbert. They can refer to the reminder at court. Based in England. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Speeding fine received after 14 days what does this mean for you? This will almost certainly be after you'd moved. They tell the magistrates that they did not get the notice in the post, so they could not reply. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. What happens if you're caught speeding? I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Youll then have 28 days to accept the fine and potential penalty points. Conviction for perverting the course of justice. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Hi Mark Give me a call if you want some advice about this question. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. 03301116074. 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. 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. Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. 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. Most speeding cases end up with a fixed penalty for three points and 100. The problem is,. Stephen. 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. The police dont have to offer a fixed penalty. All of the alternatives are worse than simply accepting the original penalty. Notice of intended prosecution sent to wrong address. If you are not the registered keeper there is no time limit. Notice of Intended Prosecution - Driving Test Tips The company receives the notice from the police requiring the details of the driver. This cookie is set by GDPR Cookie Consent plugin. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Notice of intended prosecution loopholes and how they can backfire Hi Adrian I would try to get it resolved. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction.
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