The date of the offence was 24/12/2020, and the notice dated 30/12/2020. The defence at court is that there is no evidence of who was driving. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. I hope that it is obvious. Manchester Patterson Law Limited is a law firm authorised and regulated by the. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. This satisfies the Notice of Intended Prosecution rules. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. 2. The company still gets fined for failing to provide driver details as well. This website uses cookies to improve your experience while you navigate through the website. In this case, you won't have to pay the fine or accept any points on your licence. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. If you were speeding take the hit and stop moaning. Cardiff By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. Can I check if there are circumstances including address change that may remove that constraint? Reddit and its partners use cookies and similar technologies to provide you with a better experience. What should i do? 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? Offer you a conditional fixed penalty, which is three points and 100 fine . Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. Newsroom> I was informed that I should notify them to change it so I can register. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Wed never recommend ignoring a notice of intended prosecution. I have sent you an email about your case. Your email address will not be published. Ranked in the top 20 law firms by Trustpilot. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 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. Stephen. Please give me a call if you would like to discuss the evidence on 0330 111 6074. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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. They dont receive a reply due to the fact that they dont exist. You wont have to pay the fine and you wont have to accept penalty points on your license. 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. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Hi Jon I would normally expect an entry and an exit image. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. 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. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: The Notice of Intended Prosecution arrived after 14 days Dispute a Notice of Intended Prosecution (NIP). The police send out thousands of notices to drivers suspected of speeding and other offences every year. Fees may be payable depending on your final choice of financial product. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Newcastle 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. They can accept this or allow the matter to go to court where the fine can become bigger. Notice of intended prosecution sent to wrong address. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. It states that only the name on the form can fill it it in? This is done by issuing a Notice of Intended Prosecution (NIP). I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Certain types of finance are not regulated, such as bridging loans. Loss of opportunity to do a course or accept a fixed penalty. Usually the identity of the driver comes out of the process and they are dealt with. 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. Cookie Notice 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. Come back to me if you would like my help with this matter. 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). Notice of Intended Prosecution. When should a Fixed Penalty Notice be received? 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? When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. First of all, youll need to respond to the section 172 request to identify the driver. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Hi Matthew There is no such thing as rejecting an NIP. A section 172 notice will also accompany the NIP. People dont want points on their driving licence, fines or even driving bans. Hi Michael. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The cookie is used to store the user consent for the cookies in the category "Performance". 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 . 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. You may have heard that if you get a speeding ticket through the post. How do I challenge this charge. 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. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. 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. 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. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. When a driver has been going just over the speed limit the police offer them a speed awareness course. Do you think I have a clear argument for it? The NIP has to be served on the registered keeper within 14 days. Yes. 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. 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. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. Notice Of Intended Prosecution: What Next? 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. Trademark No: UK00003340161. They can refer to the reminder at court. Is there a defence for this? But opting out of some of these cookies may affect your browsing experience. 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 Notice of Intended Prosecution comes before the actual speeding fine. We are so confused, we dont know what to do. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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. What does Michael Howard have in common with Christine Hamilton? 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. Hope this helps. Notice of proposed driving disqualification. The cookie is used to store the user consent for the cookies in the category "Other. If the police have sent you a speeding fine what should you do? Can I just leave this to go away? I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Huddersfield Norwich Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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. 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?
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