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. What happens if I don't receive a NIP after 14 days? Quite simple. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. When the keeper gets the notice from the police they reply saying that someone else was driving. This is to notify them how much they have been fined and if penalty points will be added to their license. I hope that this information helps. if (window.fbq) { window.fbq('track', 'Lead'); }
Speeding offences | Northamptonshire Police 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. I am not saying that anyone should admit to speeding when they didnt do it. Id like to know what is classed as evidence when a speed camera is involved. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. I WAS DOING 30 MPH IN A 30 LIMIT. Conviction for failing to identify the driver. 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 prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. The cookie is used to store the user consent for the cookies in the category "Performance". You arent the registered vehicle keeper. What should I do? Your email address will not be published. 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. 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. You probably are give me a call if you would like to discuss in more detail. 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. Cookie Notice Birmingham Not only is it wrong to break the law it could land you with a prison sentence. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. And they were all within the space of 15 minutes.
A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Can I just leave this to go away? 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Necessary cookies are absolutely essential for the website to function properly. Hi John Thanks for getting in touch. Stephen. Not completely wrong but typos on both my first and last name. The matter will be referred to the magistrates . 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. 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. The name on the NIP is spelt wrong. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. In the case of more serious offences, the case may be referred to the courts. 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. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do.
Notice of Intended Prosecution (NIP) - Motor Lawyers The company still gets fined for failing to provide driver details as well. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Most speeding cases end up with a fixed penalty for three points and 100. The company simply ignores the notice. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
Fixed Penalty Notices: all you need to know | RAC Drive The fact that the photograph is unclear is irrelevant. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? Stephen. 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. This is my big list of case law relating to cases of driving with excess alcohol. 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 company is happy to pay the fine knowing that the drivers licence is saved. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. 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. NIP will be sent out to the details held on PNC at the time the search was made. ), so its important that you read the terms of any products that youre considering before you apply. The police usually send a reminder when they dont get a response the first notice. This will almost certainly be after you'd moved. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. The question of a conviction appearing on your criminal record is complicated. Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . I have done this and sent the forms back. Is there a requirement for warning signs to be in place in and around the location of the speed check? What can we do please? If you think that you have a legitimate defence get some advice before you make things worse. No In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. The police frequently get details of drivers from the national insurance database. We are so confused, we dont know what to do. They might be able to cross-reference the registered post receipt with the dodgy letter. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA.
Speeding | Merseyside Police Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! 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.
Speeding Fines, Tickets And Penalties Explained - Which? When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. These records are based upon the address recorded on the registration certificate for the vehicle. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong?
NIPs to the Wrong Address - David Barton | Motorist Lawyer For example, the keeper nominates her husband and the driver on the photograph is a woman. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. I am sure that some people do get away with notice of intended prosecution loopholes and scams. Required fields are marked *. Bristol Hi Jon I would normally expect an entry and an exit image. 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 . 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). The police didnt serve the NIP in time. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Is there a defence for this? The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. 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? Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. 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. This is quite a complicated area of law. 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. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. Note, things do change and sometimes we do miss things (were only human! At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. 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. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Is the speed alleged on the NIP an average over two or more points or at a single point? I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. 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.
You also have the option to opt-out of these cookies. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. What happens if you're caught speeding? I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Different bands and the specifics of the incident determine the exact amount youre fined. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Notice of Intended Prosecution. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. 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? The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. The police send a document to the registered keeper of the vehicle. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure.
V5C to wrong address, now notice of intended prosecution This cookie is set by GDPR Cookie Consent plugin. Stephen. They can prosecute the registered keeper or anyone else who they sent a notice to. Evidence will be required before a driver can be prosecuted for speeding. 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. Does this make any difference? 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? Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
How long after a speeding offence can you be charged? That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Conviction for perverting the course of justice. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. The police will write to the false person who is overseas. The notice has to be sent to the registered address on the V5 within 14 days. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage.
Notice of intended prosecution loopholes and how they can backfire