notice of intended prosecution speeding sent to wrong address

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. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. If you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. Is there a defence for this? This will indicate when DVLA actually updated their records. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Hi Rich. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Have you got any points already? Loss of opportunity to do a course or accept a fixed penalty. Hi Bryony Thanks for getting in touch. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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? This one isnt so much as a scam as a mis-understanding of the law. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . When a driver has been going just over the speed limit the police offer them a speed awareness course. Is it something I should flag to the Met or just reply with the assumption its for me anyway? 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. I may be able to dissuade the police from taking the matter further. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Thats when MoneyNerd was born. 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. They were 80mph, 80mph, 81mph in 70mph zone. What should I do? How long after a speeding offence can you be charged? A notice of intended prosecution is issued by the police. But it isnt necessary for the police to provide them at the fixed penalty stage. The matter will be referred to the magistrates . MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. If the police have sent you a speeding fine what should you do? The police send a document to the registered keeper of the vehicle. But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? But above all it is not worth the risk. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. What should i do? 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. 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? Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. 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? The company receives the notice from the police requiring the details of the driver. 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. 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 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 you want to discuss the case, please give me a call on 07984 436464. Speeding fine received after 14 days what does this mean for you? The police usually send a reminder when they dont get a response the first notice. Notice of intended prosecution loopholes and scams just dont work so dont try them. Not completely wrong but typos on both my first and last name. 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. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. If you were speeding take the hit and stop moaning. Avoiding a ban for drink driving is not easy. 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. We do this from the outset of your case and throughout its duration. 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 police have up to six months to issue you with a speeding fine. However, the alleged offence is stated as 06/02/2022. Why you might not receive a NIP within 14 days. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Offer you a conditional fixed penalty, which is three points and 100 fine . The cookie is used to store the user consent for the cookies in the category "Other. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. What happens next after a Notice Of Prosecution? The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. The magistrates might decide that there is enough evidence anyway. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Ranked in the top 20 law firms by Trustpilot. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). You can find out more by contacting MoneyHelper. The NIP must have been received within 14 days since the date of the alleged speeding offence. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. We often link to other websites, but we can't be responsible for their content. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Fines and costs are always more than 100 at court. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. Our team fact-checks content to ensure accuracy at the time of writing. They will get six points and a fine all of their own. You have a legal obligation to respond to a NIP which is addressed to you. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. and our London Hi Jon I would normally expect an entry and an exit image. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). This is quite a complicated area of law. I received this notice in the post today 15/06/2021! The criminal record is not the only thing that you might need to think about. If you were stopped by the police it may have been given verbally. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! 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. They go to extraordinary lengths to avoid justice. The registered keeper was driving when they set off a speed camera. 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. Rob Says: It depends! DVLA give the name and address of the registered keeper to the police. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. The email has been rejected due a process change and says I have to return by post. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. This satisfies the Notice of Intended Prosecution rules. Leeds An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. For more information, please see our 2. 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. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). This would not prevent the police from sending the case to court. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. I also note that the prosecution should start within 6 months. The notice of intended prosecution (NIP) was sent to our old company address. Such a warning is normally known as a "notice of intended prosecution", or NIP. Hi Paul. 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. We also use third-party cookies that help us analyze and understand how you use this website. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Will a driving conviction appear on my criminal record? 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). You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. Certain types of finance are not regulated, such as bridging loans. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. To see how we use, store and share your contact information you can read our privacy policy. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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. Knowing your rights could help you avoid paying a speeding fine. Chelmsford There are a few ways that this plot can be foiled. Then they write to the registered keeper again for more details. What can we do please? 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. 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. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. 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. 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. Stephen. Do you think I have a clear argument for it? Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. You could try Michael Lyon Solicitors in Glasgow. 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. Your email address will not be published. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. In this case, you won't have to pay the fine or accept any points on your licence. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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 Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. If the DVLA record has a current address at the issue date of the V5C, I reckon a. What does Michael Howard have in common with Christine Hamilton? In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Slater and Gordon 2023. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Can I just leave this to go away? If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Offer you a speed awareness course, which will result in no points being endorsed on your licence. I am sure that some people do get away with notice of intended prosecution loopholes and scams. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. 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. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. 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. I WAS DOING 30 MPH IN A 30 LIMIT. The matter will be referred to the magistrates . Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Bristol Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. 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! This paragraph should be read in conjunction with 2.202 in cases of accidents. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. As a result we've received it some seven weeks late. You have to respond to say who was driving or you might get 6 points and a fine. If that hasnt happened the prosecutor will want to know why. They might be able to cross-reference the registered post receipt with the dodgy letter. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. When the keeper gets the notice from the police they reply saying that someone else was driving. 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. 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. All advice gratefully appreciated. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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. 0333 443 2366 Mobile friendly number. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. You may have heard that if you get a speeding ticket through the post. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. We Will Answer Your Motoring Offence Question Free Stephen. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. Their case is at court. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. 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. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. 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. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. 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. What is a Notice of Intended Prosecution? The cookie is used to store the user consent for the cookies in the category "Performance". The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. 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. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. You also have the option to opt-out of these cookies. 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. The company still gets fined for failing to provide driver details as well. 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. The police send out a notice to a suspected driver. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. Hi John Thanks for getting in touch. The Notice of Intended Prosecution arrived after 14 days That is not a valid defence and it cant be argued in court. Does this make any difference? In 2015 I set up Stephen Oldham Solicitors. Privacy Policy. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 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. In many circumstances council fines are not enforceable. The defective NIP maybe a defence to the Speeder though. The photograph is a red herring. If the registered keeper says that they were driving, the police go on to look at the offence, they might: I have done this and sent the forms back. It can be pretty difficult to persuade magistrates that two notices went missing. A person is charged with failing to provide driver information. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. I have sent you an email about your case. They can accept this or allow the matter to go to court where the fine can become bigger. There are three reasons why you might not receive a NIP within 14 days. Regards Timothy Bradshaw. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The notice has to be sent to the registered address on the V5 within 14 days. 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. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. They have to go to court and lie on oath. Make sure that you get proof of postage and keep a copy of your response. 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. Plus, a document called a Section 172 notice. 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Hi Adrian I would try to get it resolved. 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. Regards Rob, Hi Rob. Conviction for perverting the course of justice. There are circumstances where you may not have received the NIP within 14 . Quite simple. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. All rights reserved. The Notice of Intended Prosecution comes before the actual speeding fine. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. For further assistance contact us online or call us on 0330 041 5869. Dispute a Notice of Intended Prosecution (NIP). Sometimes this is called giving your points to someone else. The police dont have to offer a fixed penalty. First of all, youll need to respond to the section 172 request to identify the driver. This website uses cookies to improve your experience while you navigate through the website. 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. Carlisle Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person.