A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. Notice of proposed driving disqualification. They can refer to the reminder at court. I have just received a Notice of Intended Prosecution for speeding. Have you got any points already? 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. To see how we use, store and share your contact information you can read our privacy policy. 0333 443 2366 Mobile friendly number. Saying to the police or the magistrates court: All these have been tried, tested and failed. 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. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Receiving a notice of intended prosecution might send you into a panic. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Required fields are marked *. Evidence will be required before a driver can be prosecuted for speeding. This will indicate when DVLA actually updated their records. Hi Jon I would normally expect an entry and an exit image. This notice is issued by the police soon after the alleged offence has been committed. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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). Make sure that you get proof of postage and keep a copy of your response. 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. 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. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. The keeper must identify the driver unless they are unable to. Thats where they get the names from. 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. What can we do please? If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. 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 this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. If that hasnt happened the prosecutor will want to know why. Hope this helps. Fines and costs are always more than 100 at court. The email has been rejected due a process change and says I have to return by post. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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. Will a driving conviction appear on my criminal record? 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. These offences are usually caught on camera. Usually the identity of the driver comes out of the process and they are dealt with. But lying during the process will be a disaster. You have to respond to say who was driving or you might get 6 points and a fine. Do you think I have a clear argument for it? The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The name on the NIP is spelt wrong. 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. 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). 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 photograph is a red herring. London The defence at court is that there is no evidence of who was driving. 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. This will almost certainly be after you'd moved. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. NIP will be sent out to the details held on PNC at the time the search was made. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? This website uses cookies to improve your experience while you navigate through the website. I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. 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. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. You need to find out whose mistake it is. The defective NIP maybe a defence to the Speeder though. Magistrates guidelines often mean that they impose more than three points. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. 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. 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. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. 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. We Can Help. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Stephen. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Firstly I currently have 6 points on my licence. An unsigned document is not valid evidence. 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. The driver ends up with a fixed penalty for three points or a court case instead. 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. We do this from the outset of your case and throughout its duration. I was informed that I should notify them to change it so I can register. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. 18:28, 18:38, 18:43 time wise. This is my big list of case law relating to cases of driving with excess alcohol. What happens next after a Notice Of Prosecution? What is a Notice of Intended Prosecution? What action should you take? Sorry to hear about what has happened. Sometimes the driver/keeper asks the police to send them a photograph. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. What does Michael Howard have in common with Christine Hamilton? 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. I have sent you an email about your case. 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. 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. It states that only the name on the form can fill it it in? This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. These records are based upon the address recorded on the registration certificate for the vehicle. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. All advice gratefully appreciated. We are so confused, we dont know what to do. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. Sometimes the police give a link to a photograph from the speed camera online. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) The told me exactly how to appeal and win. However, the most important thing is to stay calm and deal with the situation at hand. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). Different bands and the specifics of the incident determine the exact amount youre fined. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Conviction for failing to identify the driver. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Fees may be payable depending on your final choice of financial product. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. The company still gets fined for failing to provide driver details as well. 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. The date on my newly updated V05 document is. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. the speeding ticket. There are three reasons why you might not receive a NIP within 14 days. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. ), You received a verbal warning instead and wont receive a NIP. 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. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? Not completely wrong but typos on both my first and last name. This would not prevent the police from sending the case to court. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. They were 80mph, 80mph, 81mph in 70mph zone. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Liverpool so obviously he cant complete the NIP form so what will happen next? Thanks, Hi Scott. The vehicle information is correct. 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. 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. 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. 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. 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. But above all it is not worth the risk. With a recent 3 points accepted and 3 points dropping off in Dec 2019. 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. Certain types of finance are not regulated, such as bridging loans. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 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. Hi John Thanks for getting in touch. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. I have received an NIP for my farther who has sadly passed away. 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. Come back to me if you would like my help with this matter. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Surely this is way too late for them to take any action. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine.
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