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! These offences are usually caught on camera. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. In many circumstances council fines are not enforceable. This paragraph should be read in conjunction with 2.202 in cases of accidents. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). Our team fact-checks content to ensure accuracy at the time of writing. Hi Bryony Thanks for getting in touch. 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? 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. All of the alternatives are worse than simply accepting the original penalty. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. 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 only deduced the post rule from what appears to be the current state on Contract Law and applied it here. They will get six points and a fine all of their own. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. These cookies ensure basic functionalities and security features of the website, anonymously. 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. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Fines and costs are always more than 100 at court. If you were stopped by the police it may have been given verbally. Stephen, Hi Stephen I have received an NIP. 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. If you are not the registered keeper there is no time limit. 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. Avoiding a ban for drink driving is not easy. A notice of intended prosecution is issued by the police. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. The date on my newly updated V05 document is. Notice of Intended Prosecution. When you receive a notice, it does not mean the prosecution will necessarily happen. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. If the DVLA record has a current address at the issue date of the V5C, I reckon a. If so, how many? In some circumstances, you might have a legitimate reason not to pay a fine. 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. I WAS DOING 30 MPH IN A 30 LIMIT. I have done this and sent the forms back. Loss of opportunity to do a course or accept a fixed penalty. For many people going to court and asking for the shortest ban possible might be the best idea. This is quite a complicated area of law. You may have heard that if you get a speeding ticket through the post. 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. Thats when MoneyNerd was born. ), You received a verbal warning instead and wont receive a NIP. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. I also note that the prosecution should start within 6 months. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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? Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. They make sure that the envelope is sent by registered post. 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. That is not a valid defence and it cant be argued in court. Youll then have 28 days to accept the fine and potential penalty points. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. 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. document.addEventListener('wpcf7mailsent', function (event) { 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. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. It is simply to notify that the police may take action. 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. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. 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 email has been rejected due a process change and says I have to return by post. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Does this make any difference? Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. Their evidence will be tested at trial. The NIP has to be served on the registered keeper within 14 days. 18:28, 18:38, 18:43 time wise. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The company receives the notice from the police requiring the details of the driver. They tell the magistrates that they did not get the notice in the post, so they could not reply. Its easy to panic if you receive a notice of intended prosecution. Some say the police will have other, clearer photos, others are not so sure. 3. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Ranked in the top 20 law firms by Trustpilot. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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? The police are under no obligation to identify the driver. Hi Jon I would normally expect an entry and an exit image. 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. The vehicle information is correct. 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. A section 172 notice will also accompany the NIP. I am not saying that anyone should admit to speeding when they didnt do it. 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. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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. 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. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. However, there are some exceptions. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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. if (window.fbq) { window.fbq('track', 'Lead'); } Conviction for failing to provide driver details. It can be pretty difficult to persuade magistrates that two notices went missing. The cookie is used to store the user consent for the cookies in the category "Analytics". This is my big list of case law relating to cases of driving with excess alcohol. Is there a requirement for warning signs to be in place in and around the location of the speed check? Newsroom> 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. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. IS IT WORTH FIGHTING ON THESE GROUNDS? The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The police send out thousands of notices to drivers suspected of speeding and other offences every year. I hope that this information helps. Cardiff The police send a document to the registered keeper of the vehicle. The driver ends up with a fixed penalty for three points or a court case instead. Conviction for failing to provide driver information. 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. This cookie is set by GDPR Cookie Consent plugin. Im wondering how best to proceed on what next steps to take? Not only is it wrong to break the law it could land you with a prison sentence. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Do you think I have a valid case to void my impending alleged conviction. If the police have sent you a speeding fine what should you do? I have now received a follow up letter which says a copy of the charge was sent within . Hi Paul. 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. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. 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. The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. 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. 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. You probably are give me a call if you would like to discuss in more detail. 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. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. 2. You may have heard that if you get a speeding ticket through the post. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Bristol That is a valid defence which is often successfully argued in court. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Not completely wrong but typos on both my first and last name. This satisfies the Notice of Intended Prosecution rules. The Notice of Intended Prosecution comes before the actual speeding fine. 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. Certain types of finance are not regulated, such as bridging loans. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. They might be able to cross-reference the registered post receipt with the dodgy letter. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Sorry to hear about what has happened. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Regards Timothy Bradshaw. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. 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. Necessary cookies are absolutely essential for the website to function properly. 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. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. It is only there to identify the registration of the vehicle, not the driver. The consequences are often costlier and more serious than a speed awareness course or three penalty points. As a result we've received it some seven weeks late. 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. In this case, you won't have to pay the fine or accept any points on your licence. I hope that it is obvious. Offer you a speed awareness course, which will result in no points being endorsed on your licence. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Make sure that you get proof of postage and keep a copy of your response. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. However I was not in that area at the time. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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.

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