A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. 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. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. If you were speeding take the hit and stop moaning. Notice of intended prosecution loopholes and scams just dont work so dont try them. The company receives the notice from the police requiring the details of the driver. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Ranked in the top 20 law firms by Trustpilot. The police send a notice to the person who has been nominated. 0333 443 2366 Mobile friendly number. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. If the police have sent you a speeding fine what should you do? At MoneyNerd, we are passionate about simplifying finance. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? What happens if I don't receive a NIP after 14 days? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. The police are under no obligation to identify the driver. Fees may be payable depending on your final choice of financial product. Not completely wrong but typos on both my first and last name. The police usually send a reminder when they dont get a response the first notice. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. What happens next after a Notice Of Prosecution? The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. These cookies ensure basic functionalities and security features of the website, anonymously. 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. 18:28, 18:38, 18:43 time wise. 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. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. For example, the keeper nominates her husband and the driver on the photograph is a woman. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Hope this helps. Hi Michael. There are three reasons why you might not receive a NIP within 14 days. This one isnt so much as a scam as a mis-understanding of the law. Hi Mark Give me a call if you want some advice about this question. The company is happy to pay the fine knowing that the drivers licence is saved. Necessary cookies are absolutely essential for the website to function properly. Certain types of finance are not regulated, such as bridging loans. 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. 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. Analytical cookies are used to understand how visitors interact with the website. Sorry to hear about what has happened. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. Speeding fine received after 14 days what does this mean for you? The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to 1,000. 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. 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. The police frequently get details of drivers from the national insurance database. If you think that you have a legitimate defence get some advice before you make things worse. I received this notice in the post today 15/06/2021! They advised me on how to appeal and gave me everything I needed to make an airtight defence. The course lasts for half a day and there are no penalty points. This informs you that the police are considering prosecution for an alleged motoring offence. An unsigned document is not valid evidence. What should i do? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. What can we do please? Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? You may have heard that if you get a speeding ticket through the post. What happens if you're caught speeding? We Will Answer Your Motoring Offence Question Free
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 the recipient fails to respond, or if they were to write . Does this make any difference? a red light); careless driving; Sometimes the driver/keeper asks the police to send them a photograph. I have just received a Notice of Intended Prosecution for speeding. What is a Notice of Intended Prosecution? 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. You probably are give me a call if you would like to discuss in more detail. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. You also have the option to opt-out of these cookies. These records are based upon the address recorded on the registration certificate for the vehicle. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). This notice is issued by the police soon after the alleged offence has been committed. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Can I just leave this to go away? Notice of proposed driving disqualification. It is simply to notify that the police may take action. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Hi Adrian I would try to get it resolved. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Notice of Intended Prosecution arrived after 14 days What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. I WAS DOING 30 MPH IN A 30 LIMIT. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Is the speed alleged on the NIP an average over two or more points or at a single point? With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. The fact that the photograph is unclear is irrelevant. Regards Timothy Bradshaw. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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. If the notice didnt get delivered, then the post office often returns to sender. 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? They will work with you to find the right way forward for your individual case. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. Stephen. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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? I have done this and sent the forms back. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. 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. They can prosecute the registered keeper or anyone else who they sent a notice to. 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. 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? 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Reddit and its partners use cookies and similar technologies to provide you with a better experience. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Regards Matthew. It can be pretty difficult to persuade magistrates that two notices went missing. if (window.fbq) { window.fbq('track', 'Lead'); } Plus, a document called a Section 172 notice. Stephen. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). I have received an NIP for my farther who has sadly passed away. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. This paragraph should be read in conjunction with 2.202 in cases of accidents. Fines and costs are always more than 100 at court. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? I.e. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. Chelmsford The keeper then has to prove at court that there was insurance cover in place for the nominated driver. You arent the registered vehicle keeper. 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. Is this charge enforceable? 03301116074. The matter will be referred to the magistrates . 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. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Note, things do change and sometimes we do miss things (were only human! 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. How do I challenge this charge. Norwich 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. There are circumstances where you may not have received the NIP within 14 . Is it something I should flag to the Met or just reply with the assumption its for me anyway? Conviction for failing to identify the driver. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Thanks, Hi Scott. Different bands and the specifics of the incident determine the exact amount youre fined. Youll then have 28 days to accept the fine and potential penalty points. Receiving a notice of intended prosecution might send you into a panic. 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 youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. 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. They make sure that the envelope is sent by registered post. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. so obviously he cant complete the NIP form so what will happen next? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The matter will be referred to the magistrates . That is a valid defence which is often successfully argued in court. Stephen. 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. 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. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. The Notice of Intended Prosecution comes before the actual speeding fine. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. The police didnt serve the NIP in time. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! The police send a document to the registered keeper of the vehicle. We Can Help. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving 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. So Its over 3 year now since last course will i be able to book course, i received nip last week but it states i have about 26 days to pay fine? It is only there to identify the registration of the vehicle, not the driver. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Can I check if there are circumstances including address change that may remove that constraint? Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). Home> This satisfies the Notice of Intended Prosecution rules. The Notice of Intended Prosecution comes before the actual speeding fine. Stephen. Birmingham ), so its important that you read the terms of any products that youre considering before you apply. Editor, Marcus Herbert. This is to notify them how much they have been fined and if penalty points will be added to their license. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. This cookie is set by GDPR Cookie Consent plugin. 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.