However, there are a few situations in which you may not receive a NIP through the post within 14 days. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Can I just leave this to go away? This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. The name on the NIP is spelt wrong. 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. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Click Answer. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. They can prosecute the registered keeper or anyone else who they sent a notice to. 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. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. 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. The consequences are often costlier and more serious than a speed awareness course or three penalty points. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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. The cookie is used to store the user consent for the cookies in the category "Performance". I am now in the 28 days reply period. If you are stopped by the police, a notice of intended prosecution can be given verbally. The NIP has to be served on the registered keeper within 14 days. the speeding ticket. 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 wont have to pay the fine and you wont have to accept penalty points on your license. Caddick Davies can talk you through the options available to you, based on your individual case. People dont want points on their driving licence, fines or even driving bans. There are three reasons why you might not receive a NIP within 14 days. Magistrates guidelines often mean that they impose more than three points. It is simply to notify that the police may take action. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. Formal Notice of Intended Prosecution Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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 site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. They will need to confirm either that they were driving or confirm the details of who was driving. 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 . If the recipient fails to respond, or if they were to write . ICO No: ZB338550. Norwich The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. This is quite a complicated area of law. I received this notice in the post today 15/06/2021! All advice gratefully appreciated. We do this from the outset of your case and throughout its duration. However, there are some exceptions. We also use third-party cookies that help us analyze and understand how you use this website. Speeding, Notice of Intended prosecution 4 months late. 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. 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. 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. If that hasnt happened the prosecutor will want to know why. 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. 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 IS IT WORTH FIGHTING ON THESE GROUNDS? 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. 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. 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. Membership and partnership organisations home. But opting out of some of these cookies may affect your browsing experience. In this case, you won't have to pay the fine or accept any points on your licence. 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. Have you got any points already? To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. If the registered keeper says that they were driving, the police go on to look at the offence, they might: The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. The prosecutor could also put a charge of failing to provide driver details. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). However, the most important thing is to stay calm and deal with the situation at hand. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. The Notice of Intended Prosecution comes before the actual speeding fine. 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. This would not prevent the police from sending the case to court. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. This cookie is set by GDPR Cookie Consent plugin. Hi Adrian I would try to get it resolved. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. First of all, youll need to respond to the section 172 request to identify the driver. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 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. 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. so obviously he cant complete the NIP form so what will happen next? What does Michael Howard have in common with Christine Hamilton? Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. I have received an NIP for my farther who has sadly passed away. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. 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. Conviction for perverting the course of justice. This will almost certainly be after you'd moved. Cardiff 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). Newsroom> 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Hi Michael. The police dont have to offer a fixed penalty. Fines and costs are always more than 100 at court. 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. Stephen. They will work with you to find the right way forward for your individual case. 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.
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