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If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Trademark No: UK00003340161. What Happens Next After Notice Of Prosecution? - Slater Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. 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. Stephen, Hi Stephen I have received an NIP. Speeding offences | Northamptonshire Police Your email address will not be published. Notice Of Intended Prosecution: What Next? V5C to wrong address, now notice of intended prosecution Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Can I check if there are circumstances including address change that may remove that constraint? 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. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. Speeding penalties - GOV.UK Notice of intended prosecution sent to wrong address - Page 1 - Speed 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 . People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Liverpool Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. Membership and partnership organisations home. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. 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. Id like to know what is classed as evidence when a speed camera is involved. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. The question of a conviction appearing on your criminal record is complicated. 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 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? But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Avoiding a ban for drink driving is not easy. The notice of intended prosecution (NIP) was sent to our old company address. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. There are a few ways that this plot can be foiled. However, the alleged offence is stated as 06/02/2022. The Notice of Intended Prosecution comes before the actual speeding fine. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. People dont want points on their driving licence, fines or even driving bans. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. How to Properly Deal with a Notice of Intended Prosecution 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. Most speeding cases end up with a fixed penalty for three points and 100. 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 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.e. We are so confused, we dont know what to do. The matter will be referred to the magistrates . We often link to other websites, but we can't be responsible for their content. The told me exactly how to appeal and win. Cases of perverting the course of justice must be dealt with in the Crown Court. so obviously he cant complete the NIP form so what will happen next? If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. Notice of intended prosecution loopholes and scams just dont work so dont try them. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. The police usually send a reminder when they dont get a response the first notice. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. The magistrates might decide that there is enough evidence anyway. I was informed that I should notify them to change it so I can register. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. 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. Quite simple. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. First of all, youll need to respond to the section 172 request to identify the driver. Have you got any points already? However, the most important thing is to stay calm and deal with the situation at hand. 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. Bristol The keeper must identify the driver unless they are unable to. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. If you were speeding take the hit and stop moaning. Our team fact-checks content to ensure accuracy at the time of writing. It depends! If you were stopped by the police it may have been given verbally. 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. Note, things do change and sometimes we do miss things (were only human! An unsigned document is not valid evidence. Stephen. Plus, a document called a Section 172 notice. a red light); careless driving; 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. You may have heard that if you get a speeding ticket through the post. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. The police send a document to the registered keeper of the vehicle. 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! Cookie Notice We also use third-party cookies that help us analyze and understand how you use this website. Speeding ticket sent to wrong address after 14days | Legal matters The email has been rejected due a process change and says I have to return by post. 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? Sometimes the police give a link to a photograph from the speed camera online. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. To see how we use, store and share your contact information you can read our privacy policy. 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. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Notice of intended prosecution sent to wrong address. In this case, you won't have to pay the fine or accept any points on your licence. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Fixed Penalty Notices: all you need to know | RAC Drive Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. 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. Required fields are marked *. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Again, remember to take off the day of the alleged offence. Leeds This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Speeding fine received after 14 days what does this mean for you? What can we do please? Sometimes the registered keeper nominates someone else as the driver. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Can I just leave this to go away? If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. 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. The company simply ignores the notice. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. I have done this and sent the forms back. 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. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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. 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. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. You have to respond to say who was driving or you might get 6 points and a fine. Not only is it wrong to break the law it could land you with a prison sentence. What does Michael Howard have in common with Christine Hamilton? The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. There are a number of reasons why you may not have been issued a notice in the post within 14 days. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera.