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Hi John Thanks for getting in touch. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Do you think I have a clear argument for it? What happens next after a Notice Of Prosecution? Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. Such a warning is normally known as a "notice of intended prosecution", or NIP. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. I also note that the prosecution should start within 6 months. 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? You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. Yes. Sometimes the driver/keeper asks the police to send them a photograph. The question of a conviction appearing on your criminal record is complicated. Road Traffic - Summary Offences | The Crown Prosecution Service 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. The cookie is used to store the user consent for the cookies in the category "Other. 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. And they were all within the space of 15 minutes. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Youll then have 28 days to accept the fine and potential penalty points. The police send out a notice to a suspected driver. 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. Is this charge enforceable? If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Firstly I currently have 6 points on my licence. They tell the magistrates that they did not get the notice in the post, so they could not reply. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. Speeding | Metropolitan Police V5C to wrong address, now notice of intended prosecution What action should you take? Speeding charge sent to wrong address : r/LegalAdviceUK We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. The police didnt serve the NIP in time. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. That is not a valid defence and it cant be argued in court. 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. However, there are a few situations in which you may not receive a NIP through the post within 14 days. This paragraph should be read in conjunction with 2.202 in cases of accidents. You have a legal obligation to respond to a NIP which is addressed to you. 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. 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. Do you think I have a valid case to void my impending alleged conviction. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. 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. That is a valid defence which is often successfully argued in court. You probably are give me a call if you would like to discuss in more detail. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Again, remember to take off the day of the alleged offence. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. In the case of more serious offences, the case may be referred to the courts. They will need to confirm either that they were driving or confirm the details of who was driving. I have received an NIP for my farther who has sadly passed away. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. 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. 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? If you need to discuss the details, give me a call on 03301116074. This cookie is set by GDPR Cookie Consent plugin. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Your email address will not be published. Patterson Law Limited is a law firm authorised and regulated by the. 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. As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. They can prosecute the registered keeper or anyone else who they sent a notice to. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. Notice of intended prosecution loopholes and how they can backfire An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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. What is a Notice of Intended Prosecution? The course lasts for half a day and there are no penalty points. However, there are some exceptions. 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. Maybe you have decided to go along without a lawyer. 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. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. 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. 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. They then dont accept a fixed penalty or a course and take the case to court. 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. The notice has to be sent to the registered address on the V5 within 14 days. Bristol They dont receive a reply due to the fact that they dont exist. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Fees may be payable depending on your final choice of financial product. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Some say the police will have other, clearer photos, others are not so sure. However, the most important thing is to stay calm and deal with the situation at hand. Huddersfield I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to 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. The company is happy to pay the fine knowing that the drivers licence is saved. Regards Matthew. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers Please give me a call if you would like to discuss the case in more detail. 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. 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. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Stephen. However, the alleged offence is stated as 06/02/2022. A response must be sent within 28 days of receipt of the 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. Your email address will not be published. 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. Can I check if there are circumstances including address change that may remove that constraint? Regards Timothy Bradshaw. Can I reject a speeding ticket after 14 days? | The Irish Sun An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). However I was not in that area at the time. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Note, things do change and sometimes we do miss things (were only human! I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. Why you might not receive a NIP within 14 days. Thats when MoneyNerd was born. They have to go to court and lie on oath. 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. The email has been rejected due a process change and says I have to return by post. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. 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. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Hi Michael. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Usually the identity of the driver comes out of the process and they are dealt with. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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. The told me exactly how to appeal and win. 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 receive a notice, it does not mean the prosecution will necessarily happen. Hi Matthew There is no such thing as rejecting an NIP. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Whilst it is listed as an option, I feel within my rights to use the option. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. Certain types of finance are not regulated, such as bridging loans. DVLA give the name and address of the registered keeper to the police. 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. 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. Sometimes the registered keeper nominates someone else as the driver. These records are based upon the address recorded on the registration certificate for the vehicle. if (window.fbq) { window.fbq('track', 'Lead'); } Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 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. I am now in the 28 days reply period. Notice of proposed driving disqualification. The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. Will a driving conviction appear on my criminal record?