}); 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. The police didnt serve the NIP in time. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). There are three reasons why you might not receive a NIP within 14 days. Whilst it is listed as an option, I feel within my rights to use the option. 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. 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. 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 police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Written confirmation is being sent to you in order to confirm that no further action will be taken. If you want to discuss the case, please give me a call on 07984 436464. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. The date on my newly updated V05 document is. Not completely wrong but typos on both my first and last name. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Analytical cookies are used to understand how visitors interact with the website. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. A person is charged with failing to provide driver information. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. ICO No: ZB338550. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? 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. Knowing your rights could help you avoid paying a speeding fine. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Thats where they get the names from. document.addEventListener('wpcf7mailsent', function (event) { However, the most important thing is to stay calm and deal with the situation at hand. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Please enable Javascript to view this webpage. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. By clicking Accept, you consent to the use of ALL the cookies. But it isnt necessary for the police to provide them at the fixed penalty stage. Why So Much Free Information Whats The Catch? Is the speed alleged on the NIP an average over two or more points or at a single point? Hope this helps. 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. I WAS DOING 30 MPH IN A 30 LIMIT. Is there a requirement for warning signs to be in place in and around the location of the speed check? They fill in the notice with the false details. They might be able to cross-reference the registered post receipt with the dodgy letter. The told me exactly how to appeal and win. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. Regards Timothy Bradshaw. They then dont accept a fixed penalty or a course and take the case to court. Again, remember to take off the day of the alleged offence. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. In 2015 I set up Stephen Oldham Solicitors. ), so its important that you read the terms of any products that youre considering before you apply. The police send out thousands of notices to drivers suspected of speeding and other offences every year. The driver ends up with a fixed penalty for three points or a court case instead. 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). If youve received a notice of intended prosecution, you may be concerned about the potential implications. If you are stopped by the police, a notice of intended prosecution can be given verbally. 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. They will get six points and a fine all of their own. I was informed that I should notify them to change it so I can register. 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. They dont receive a reply due to the fact that they dont exist. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! DVLA give the name and address of the registered keeper to the police. You wont have to pay the fine and you wont have to accept penalty points on your license. What can I claim for in a personal injury case? 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. Stephen. London 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. IS IT WORTH FIGHTING ON THESE GROUNDS? The police send a notice to the person who has been nominated. However I was not in that area at the time. I hope that it is obvious. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. What happens next after a Notice Of Prosecution? It states that only the name on the form can fill it it in? They advised me on how to appeal and gave me everything I needed to make an airtight defence. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. A notice of intended prosecution is issued by the police. But lying during the process will be a disaster. How do I challenge this charge. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. You have a legal obligation to respond to a NIP which is addressed to you. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Stephen. 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 make sure that the envelope is sent by registered post. 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. The police are under no obligation to identify the driver. Editor, Marcus Herbert. Can I just leave this to go away? 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. Fines and costs are always more than 100 at court. That is the job of the keeper who has a legal obligation to tell the police who was driving. 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. This website uses cookies to improve your experience while you navigate through the website. Saying to the police or the magistrates court: All these have been tried, tested and failed. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. This is done by issuing a Notice of Intended Prosecution (NIP). The Notice of Intended Prosecution comes before the actual speeding fine. I may be able to dissuade the police from taking the matter further. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. I received this notice in the post today 15/06/2021! First of all, youll need to respond to the section 172 request to identify the driver. Ranked in the top 20 law firms by Trustpilot. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. Offer you a speed awareness course, which will result in no points being endorsed on your licence. I also note that the prosecution should start within 6 months. Please give me a call if you would like to discuss the case in more detail. The company simply ignores the notice. 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. 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. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Usually the identity of the driver comes out of the process and they are dealt with. Surely this is way too late for them to take any action. 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. Speeding, Notice of Intended prosecution 4 months late. They can prosecute the registered keeper or anyone else who they sent a notice to. Patterson Law Limited is a law firm authorised and regulated by the. Our team fact-checks content to ensure accuracy at the time of writing. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 3. This notice is issued by the police soon after the alleged offence has been committed. There are circumstances where you may not have received the NIP within 14 . ), You received a verbal warning instead and wont receive a NIP. Caddick Davies can talk you through the options available to you, based on your individual case. We are so confused, we dont know what to do. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Is this charge enforceable? 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. Yes. In extreme cases conviction for perverting the course of justice. The notice may be received several months after the alleged offence took place and still be prosecuted. If that hasnt happened the prosecutor will want to know why. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. This will almost certainly be after you'd moved. In many circumstances council fines are not enforceable. The notice has to be sent to the registered address on the V5 within 14 days. Make sure that you get proof of postage and keep a copy of your response.
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