MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. 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 have up to six months to issue you with a speeding fine. 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. I may be able to dissuade the police from taking the matter further. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. What should I do? In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. They were 80mph, 80mph, 81mph in 70mph zone. ), so its important that you read the terms of any products that youre considering before you apply. You probably are give me a call if you would like to discuss in more detail. These cookies ensure basic functionalities and security features of the website, anonymously. 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. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. I have received a Notice of Intended Prosecution what should I do If the notice didnt get delivered, then the post office often returns to sender. If the registered keeper says that they were driving, the police go on to look at the offence, they might: a red light); careless driving; The police send out a requirement to provide driver information. I have now received a follow up letter which says a copy of the charge was sent within . UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 2. 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. 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. Chelmsford ), You received a verbal warning instead and wont receive a NIP. 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. 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 . Speeding | Metropolitan Police 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. 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. Click Answer. Regards Timothy Bradshaw. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Hi Jon I would normally expect an entry and an exit image. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Notice Of Intended Prosecution: What Next? The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. You can find out more by contacting MoneyHelper. 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. Dispute a Notice of Intended Prosecution (NIP). If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. They dont receive a reply due to the fact that they dont exist. If so, how many? The defective NIP maybe a defence to the Speeder though. In many circumstances council fines are not enforceable. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. If the police have sent you a speeding fine what should you do? Carlisle Membership and partnership organisations home. 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. Notice Of Intended Prosecution: What Next? | Caddick Davies Conviction for failing to provide driver details. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. Will a driving conviction appear on my criminal record? The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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. The police usually send a reminder when they dont get a response the first notice. Privacy Policy. Sometimes the police give a link to a photograph from the speed camera online. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. These offences are usually caught on camera. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. When you receive a notice, it does not mean the prosecution will necessarily happen. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. People dont want points on their driving licence, fines or even driving bans. Conviction for failing to provide driver information. Is this charge enforceable? 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Speeding, Notice of Intended prosecution 4 months late But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Can I just leave this to go away? 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. If you want to discuss the case, please give me a call on 07984 436464. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. 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 14-Day Rule for Notices of Intended Prosecution - Loophole or Conviction for failing to identify the driver. Is it something I should flag to the Met or just reply with the assumption its for me anyway? About Us Seeherefor details about our law firm. Speeding penalties - GOV.UK The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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. The registered keeper was driving when they set off a speed camera. 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! What Happens Next After Notice Of Prosecution? - Slater Regards Rob, Hi Rob. 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. Notice of intended prosecution loopholes and scams just dont work so dont try them. Written confirmation is being sent to you in order to confirm that no further action will be taken. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. We Can Help. Trademark No: UK00003340161. Speeding ticket sent to wrong address after 14days | Legal matters The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. What do I do with the NIP after it has missed the 14 days ? Police often keep logs of returned mail. The Notice of Intended Prosecution comes before the actual speeding fine. They can prosecute the registered keeper or anyone else who they sent a notice to. 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? Notice of Intended Prosecution (NIP) - Road Traffic I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Maybe you have decided to go along without a lawyer. Another case says that an unsigned form does not amount to a reply. 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 . The date on my newly updated V05 document is. I hope that it is obvious. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The date of the offence was 24/12/2020, and the notice dated 30/12/2020.
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notice of intended prosecution speeding sent to wrong address