I.e. Dispute a Notice of Intended Prosecution (NIP). Hi Bryony Thanks for getting in touch. 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. Trademark No: UK00003340161. You probably are give me a call if you would like to discuss in more detail. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. The police have up to six months to issue you with a speeding fine. If the recipient fails to respond, or if they were to write . You may have heard that if you get a speeding ticket through the post. The prosecutor could also put a charge of failing to provide driver details. However, the most important thing is to stay calm and deal with the situation at hand. If you think that you have a legitimate defence get some advice before you make things worse. If the DVLA record has a current address at the issue date of the V5C, I reckon a. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. Hi John Thanks for getting in touch. However, it does act as a warning that you may be prosecuted for the alleged offence. 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. The 14-Day Rule for Notices of Intended Prosecution - Loophole or 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. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Can I just leave this to go away? Notice of intended prosecution loopholes and scams just dont work so dont try them. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers The defence at court is that there is no evidence of who was driving. The vehicle information is correct. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It does not store any personal data. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. 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. Speeding offences | Northamptonshire Police If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. 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. 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. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Regards Matthew. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. To see how we use, store and share your contact information you can read our privacy policy. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. Stephen, Hi Stephen I have received an NIP. The matter will be referred to the magistrates . Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. The police usually send a reminder when they dont get a response the first notice. Not to be confused with genuine cases where someone did not receive the notice in the post. 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. V5C to wrong address, now notice of intended prosecution Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. I WAS DOING 30 MPH IN A 30 LIMIT. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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? A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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. Im wondering how best to proceed on what next steps to take? Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Patterson Law Limited is a law firm authorised and regulated by the. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. We are so confused, we dont know what to do. 0333 443 2366 Mobile friendly number. If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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. 2. 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. Again, remember to take off the day of the alleged offence. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. 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 don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. But lying during the process will be a disaster. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. 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. This would not prevent the police from sending the case to court. 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. The police will write to the false person who is overseas. In many circumstances council fines are not enforceable. We often link to other websites, but we can't be responsible for their content. 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. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. However, the alleged offence is stated as 06/02/2022. 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. These cookies ensure basic functionalities and security features of the website, anonymously. Your email address will not be published. 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 police dont have to offer a fixed penalty. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. This is my big list of case law relating to cases of driving with excess alcohol. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. This satisfies the Notice of Intended Prosecution rules. What should I do? Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Come back to me if you would like my help with this matter. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. Police post rooms should keep a log of suspicious letters. Such a warning is normally known as a "notice of intended prosecution", or NIP. The registered keeper was driving when they set off a speed camera. The course lasts for half a day and there are no penalty points. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea.
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