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. Come back to me if you would like my help with this matter. Hi Matthew There is no such thing as rejecting an NIP. Our team fact-checks content to ensure accuracy at the time of writing. Slater and Gordon 2023. When should a Fixed Penalty Notice be received? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. No Hi Bryony Thanks for getting in touch. What happens if I don't receive a NIP after 14 days? As a result we've received it some seven weeks late. Your email address will not be published. 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 recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. 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. In 2015 I set up Stephen Oldham Solicitors. Huddersfield With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. A person is charged with failing to provide driver information. We often link to other websites, but we can't be responsible for their content. Regards Matthew. That person may not be insured. They can accept this or allow the matter to go to court where the fine can become bigger. 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. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. Sometimes the registered keeper nominates someone else as the driver. The matter will be referred to the magistrates . Offer you a conditional fixed penalty, which is three points and 100 fine . Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. You could try Michael Lyon Solicitors in Glasgow. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. 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. 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? 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. 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. They go to extraordinary lengths to avoid justice. Trademark No: UK00003340161. What happens next after a Notice Of Prosecution? Formal Notice of Intended Prosecution A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). We Will Answer Your Motoring Offence Question Free I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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. Chelmsford If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? Please give me a call if you would like to discuss the evidence on 0330 111 6074. Their case is at court. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. The name on the NIP is spelt wrong. 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 . ), You received a verbal warning instead and wont receive a NIP. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Liverpool The police didnt serve the NIP in time. The told me exactly how to appeal and win. 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. You may have heard that if you get a speeding ticket through the post. At MoneyNerd, we are passionate about simplifying finance. This would not prevent the police from sending the case to court. This will indicate when DVLA actually updated their records. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. In the case of more serious offences, the case may be referred to the courts. Again, remember to take off the day of the alleged offence. You may have heard that if you get a speeding ticket through the post. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Please enable Javascript to view this webpage. If you need to discuss the details, give me a call on 03301116074. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. 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. Privacy Policy. Another case says that an unsigned form does not amount to a reply. 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. However I was not in that area at the time. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. The Notice of Intended Prosecution comes before the actual speeding fine. Newcastle 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. When you receive a notice, it does not mean the prosecution will necessarily happen. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. The date on my newly updated V05 document is. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Not completely wrong but typos on both my first and last name. Sometimes the police give a link to a photograph from the speed camera online. The driver fills in the details nominating him or herself but doesnt sign the form. This paragraph should be read in conjunction with 2.202 in cases of accidents. They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. There are a few ways that this plot can be foiled. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. In some circumstances, you might have a legitimate reason not to pay a fine. First of all, youll need to respond to the section 172 request to identify the driver. DVLA give the name and address of the registered keeper to the police. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. All of the alternatives are worse than simply accepting the original penalty. Stephen. The email has been rejected due a process change and says I have to return by post. Dispute a Notice of Intended Prosecution (NIP). Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The defence at court is that there is no evidence of who was driving. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. A section 172 notice will also accompany the NIP. 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. There might be a photograph from the speed camera showing some detail of the driver. 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. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 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. Fees may be payable depending on your final choice of financial product. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. What action should you take? Yes. They make sure that the envelope is sent by registered post. 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? Usually the identity of the driver comes out of the process and they are dealt with. Cookie Notice The Notice of Intended Prosecution arrived after 14 days 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. 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. Editor, Marcus Herbert. They have to go to court and lie on oath. If that hasnt happened the prosecutor will want to know why. Do you think I have a valid case to void my impending alleged conviction. The Notice of Intended Prosecution comes before the actual speeding fine. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. A notice of intended prosecution is issued by the police. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. What action should you take? Bristol 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. Sorry to hear about what has happened. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Keepers of vehicles and suspected drivers must reply and 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. 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. Birmingham I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. I have now received a follow up letter which says a copy of the charge was sent within . If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Speeding fine received after 14 days what does this mean for you? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. You wont have to pay the fine and you wont have to accept penalty points on your license. They advised me on how to appeal and gave me everything I needed to make an airtight defence. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Will a driving conviction appear on my criminal record? But a company cant get penalty points. 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.
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