Slater and Gordon 2023. 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. If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. When the keeper gets the notice from the police they reply saying that someone else was driving. The company simply ignores the notice. 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. 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. Can I just leave this to go away? 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. 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. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. What does Michael Howard have in common with Christine Hamilton? This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. 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. Conviction for failing to provide driver details. Privacy Policy. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. Reddit and its partners use cookies and similar technologies to provide you with a better experience. The police didnt serve the NIP in time. 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? Notice of Intended Prosecution by Pete / CC BY. 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. It can be pretty difficult to persuade magistrates that two notices went missing. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. For many people going to court and asking for the shortest ban possible might be the best idea. Speeding penalties - GOV.UK 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. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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. Fees may be payable depending on your final choice of financial product. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). The police dont have to offer a fixed penalty. It is a different type of firm enabled by technology and by new ways of working in the justice system. It states that only the name on the form can fill it it in? When should a Fixed Penalty Notice be received? New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. Ranked in the top 20 law firms by Trustpilot. 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. I have now received a follow up letter which says a copy of the charge was sent within . They have to go to court and lie on oath. Do you think I have a valid case to void my impending alleged conviction. 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. I was informed that I should notify them to change it so I can register. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. The Notice of Intended Prosecution comes before the actual speeding fine. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Whilst it is listed as an option, I feel within my rights to use the option. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. It is only there to identify the registration of the vehicle, not the driver. Dispute a Notice of Intended Prosecution (NIP). Id like to know what is classed as evidence when a speed camera is involved. But it isnt necessary for the police to provide them at the fixed penalty stage. 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. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). 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? The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. Come back to me if you would like my help with this matter. 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. Sometimes the registered keeper nominates someone else as the driver. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Thanks! }); 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. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Their evidence will be tested at trial. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving 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. 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. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. They were 80mph, 80mph, 81mph in 70mph zone. You may have heard that if you get a speeding ticket through the post. Sometimes this is called giving your points to someone else. The cookie is used to store the user consent for the cookies in the category "Analytics". You need to find out whose mistake it is. 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. Is there a requirement for warning signs to be in place in and around the location of the speed check? 3. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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? Certain types of finance are not regulated, such as bridging loans. Speeding offences | Northamptonshire Police Name Spelt Wrong On Notice Of Intended Prosecution An unsigned document is not valid evidence. 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. These records are based upon the address recorded on the registration certificate for the vehicle. 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? When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Maybe you have decided to go along without a lawyer. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. Different bands and the specifics of the incident determine the exact amount youre fined. The date on my newly updated V05 document is. Speeding charge sent to wrong address . You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. Conviction for failing to provide driver information. The defence at court is that there is no evidence of who was driving. 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. 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. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. 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. 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. For more information, please see our The police usually send a reminder when they dont get a response the first notice. The Notice of Intended Prosecution arrived after 14 days Receiving a notice of intended prosecution might send you into a panic. Our team fact-checks content to ensure accuracy at the time of writing. Sorry to hear about what has happened. What should I do? 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. You arent the registered vehicle keeper. If you are stopped by the police, a notice of intended prosecution can be given verbally. 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Notice of intended prosecution loopholes and scams just dont work so dont try them. 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. This website uses cookies to improve your experience while you navigate through the website.