No MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. Hi Jon I would normally expect an entry and an exit image. They will need to confirm either that they were driving or confirm the details of who was driving. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 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. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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. Conviction for failing to provide driver information. Hi Paul. Your email address will not be published. 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. It does not store any personal data. But above all it is not worth the risk. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Quite simple. Why So Much Free Information Whats The Catch? About Us Seeherefor details about our law firm. 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. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. Evidence will be required before a driver can be prosecuted for speeding. Again, remember to take off the day of the alleged offence. The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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. There might be a photograph from the speed camera showing some detail of the driver. I am not saying that anyone should admit to speeding when they didnt do it. Then they write to the registered keeper again for more details. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. They advised me on how to appeal and gave me everything I needed to make an airtight defence. 03301116074. Formal Notice of Intended Prosecution The police dont have to offer a fixed penalty. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! Stephen. Is the speed alleged on the NIP an average over two or more points or at a single point? The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. The Notice of Intended Prosecution comes before the actual speeding fine. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? ), You received a verbal warning instead and wont receive a NIP. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. I.e. 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. Some say the police will have other, clearer photos, others are not so sure. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Not completely wrong but typos on both my first and last name. Im wondering how best to proceed on what next steps to take? They can prosecute the registered keeper or anyone else who they sent a notice to. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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 . Hi Mark Give me a call if you want some advice about this question. This satisfies the Notice of Intended Prosecution rules. 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. 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. 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. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? 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. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Certain types of finance are not regulated, such as bridging loans. In some circumstances, you might have a legitimate reason not to pay a fine. But lying during the process will be a disaster. Stephen, Hi Stephen I have received an NIP. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. The cookie is used to store the user consent for the cookies in the category "Analytics". The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. What happens if you're caught speeding? What do I do with the NIP after it has missed the 14 days ? This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. This is quite a complicated area of law. Regards Matthew. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. The Notice of Intended Prosecution comes before the actual speeding fine. Sorry to hear about what has happened. They fill in the notice with the false details. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. The company still gets fined for failing to provide driver details as well. Editor, Marcus Herbert. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. These cookies track visitors across websites and collect information to provide customized ads. I received this notice in the post today 15/06/2021! They will work with you to find the right way forward for your individual case. I have done this and sent the forms back. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Is this charge enforceable? The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. Thanks, Hi Scott. How do I challenge this charge. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. In extreme cases conviction for perverting the course of justice. 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 Our team fact-checks content to ensure accuracy at the time of writing. You may have heard that if you get a speeding ticket through the post. They make sure that the envelope is sent by registered post. 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. 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. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. It is simply to notify that the police may take action. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
