notice of intended prosecution speeding sent to wrong address

Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. document.addEventListener('wpcf7mailsent', function (event) { Do you think I have a clear argument for it? Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. Sometimes the driver/keeper asks the police to send them a photograph. Based in England. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers Speeding | Merseyside Police There are circumstances where you may not have received the NIP within 14 . When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Hi Paul. 0333 443 2366 Mobile friendly number. The told me exactly how to appeal and win. 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 . IS IT WORTH FIGHTING ON THESE GROUNDS? Cookie Notice 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. They can accept this or allow the matter to go to court where the fine can become bigger. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. However, the most important thing is to stay calm and deal with the situation at hand. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. What happens if you're caught speeding? 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 informed that I should notify them to change it so I can register. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. I have received a Notice of Intended Prosecution what should I do Road Traffic - Summary Offences | The Crown Prosecution Service the speeding ticket. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Surely this is way too late for them to take any action. 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. 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. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. 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. The matter will be referred to the magistrates . What is a Notice of Intended Prosecution? This is to notify them how much they have been fined and if penalty points will be added to their license. However, it does act as a warning that you may be prosecuted for the alleged offence. I may be able to dissuade the police from taking the matter further. They dont receive a reply due to the fact that they dont exist. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Cases of perverting the course of justice must be dealt with in the Crown Court. This notice is issued by the police soon after the alleged offence has been committed. At MoneyNerd, we are passionate about simplifying finance. Hope this helps. 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. If you want to discuss the case, please give me a call on 07984 436464. 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. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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? I have sent you an email about your case. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. For example, the keeper nominates her husband and the driver on the photograph is a woman. They fill in the notice with the false details. Stephen. The question of a conviction appearing on your criminal record is complicated. Speeding charge sent to wrong address : r/LegalAdviceUK 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. Receiving a notice of intended prosecution might send you into a panic. 18:28, 18:38, 18:43 time wise. The criminal record is not the only thing that you might need to think about. Notice of Intended Prosecution by Pete / CC BY. Leeds The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. 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. That is a valid defence which is often successfully argued in court. 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. I.e. Trademark No: UK00003340161. Their evidence will be tested at trial. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. 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. All rights reserved. Is there a requirement for warning signs to be in place in and around the location of the speed check? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The defective NIP maybe a defence to the Speeder though. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. These offences are usually caught on camera. Please give me a call if you would like to discuss the evidence on 0330 111 6074. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. What action should you take? If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. The company receives the notice from the police requiring the details of the driver. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. 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. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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. Speeding, Notice of Intended prosecution 4 months late. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Hi Adrian I would try to get it resolved. Notice of intended prosecution loopholes and how they can backfire Conviction for failing to provide driver information. What does Michael Howard have in common with Christine Hamilton? Another case says that an unsigned form does not amount to a reply. The company is happy to pay the fine knowing that the drivers licence is saved. Not completely wrong but typos on both my first and last name. Regards Timothy Bradshaw. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. Bristol The cookie is used to store the user consent for the cookies in the category "Other. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. 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. That is not a valid defence and it cant be argued in court. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. The police usually send a reminder when they dont get a response the first notice. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Loss of opportunity to do a course or accept a fixed penalty. Is the speed alleged on the NIP an average over two or more points or at a single point? If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. The cookie is used to store the user consent for the cookies in the category "Performance". All information was correct at the time of publication. Reddit and its partners use cookies and similar technologies to provide you with a better experience. This satisfies the Notice of Intended Prosecution rules. You probably are give me a call if you would like to discuss in more detail. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. How long after a speeding offence can you be charged? I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. What do I do with the NIP after it has missed the 14 days ? At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 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 fact that the photograph is unclear is irrelevant. Why you might not receive a NIP within 14 days. Speeding offences | Northamptonshire Police If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Is there a defence for this? Thanks! For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Speeding fine received after 14 days what does this mean for you? These cookies track visitors across websites and collect information to provide customized ads. 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. The police send out a notice to a suspected driver. 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. Notice Of Intended Prosecution: What Next? You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Hi Michael. A notice of intended prosecution is issued by the police. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Not only is it wrong to break the law it could land you with a prison sentence. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. 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. 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. Newsroom> 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. 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. If you need to discuss the details, give me a call on 03301116074. Rob Says: It depends! As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. There are a few ways that this plot can be foiled. Thats where they get the names from. 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 you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. What happens next after a Notice Of Prosecution? The police dont have to offer a fixed penalty. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. I received this notice in the post today 15/06/2021! As a result we've received it some seven weeks late. They accept that they were driving and go on a course or accept a fixed penalty. Sometimes the registered keeper nominates someone else as the driver. These offences are usually caught on camera. 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. Cardiff There are a number of reasons why you may not have been issued a notice in the post within 14 days. Why So Much Free Information Whats The Catch? A person is charged with failing to provide driver information. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. 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. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Our team fact-checks content to ensure accuracy at the time of writing. 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. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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. This cookie is set by GDPR Cookie Consent plugin. NIPs to the Wrong Address - David Barton | Motorist Lawyer They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . 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. I am now in the 28 days reply period. It states that only the name on the form can fill it it in? The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. We Can Help. The name on the NIP is spelt wrong. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. 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. These records are based upon the address recorded on the registration certificate for the vehicle. 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. Firstly I currently have 6 points on my licence. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The police have up to six months to issue you with a speeding fine. The 14-Day Rule for Notices of Intended Prosecution - Loophole or 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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. Hi Mark Give me a call if you want some advice about this question. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. But lying during the process will be a disaster. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. They will need to confirm either that they were driving or confirm the details of who was driving. Do you think I have a valid case to void my impending alleged conviction. 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? They claim the DVLA gave them the wrong address, but I dont see how that is my problem. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. People dont want points on their driving licence, fines or even driving bans. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor.

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