NIP sent to wrong address - can I appeal? - Honest John If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } The Notice of Intended Prosecution arrived after 14 days 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. For further assistance contact us online or call us on 0330 041 5869. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. This notice is issued by the police soon after the alleged offence has been committed. Your email address will not be published. In the case of more serious offences, the case may be referred to the courts. There are circumstances where you may not have received the NIP within 14 . }); 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. Rob Says: It depends! 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. 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. Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law We Can Help. Slater and Gordon 2023. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. 2. There might be a photograph from the speed camera showing some detail of the driver. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. The NIP has to be served on the registered keeper within 14 days. I was informed that I should notify them to change it so I can register. Most speeding cases end up with a fixed penalty for three points and 100. Fees may be payable depending on your final choice of financial product. Most police forces send a reminder when they dont get a reply to the first notice. Then they write to the registered keeper again for more details. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. 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. This cookie is set by GDPR Cookie Consent plugin. You also have the option to opt-out of these cookies. 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. Hi Jon I would normally expect an entry and an exit image. 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. 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 registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 03301116074. 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 issued by the police. 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. Speeding ticket sent to wrong address after 14days | Legal matters Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. They can prosecute the registered keeper or anyone else who they sent a notice to. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Speeding Fines, Tickets And Penalties Explained - Which? Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. I have just received a Notice of Intended Prosecution for speeding. We are so confused, we dont know what to do. Trademark No: UK00003340161. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. Can I reject a speeding ticket after 14 days? | The Irish Sun They dont receive a reply due to the fact that they dont exist. Is the speed alleged on the NIP an average over two or more points or at a single point? Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. document.addEventListener('wpcf7mailsent', function (event) { The prosecutor could also put a charge of failing to provide driver details. Newcastle You probably are give me a call if you would like to discuss in more detail. Sometimes this is called giving your points to someone else. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. Based in England. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. You arent the registered vehicle keeper. What should I do? Editor, Marcus Herbert. 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. I have done this and sent the forms back. 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. 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. Ranked in the top 20 law firms by Trustpilot. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers The police send out a requirement to provide driver information. When should a Fixed Penalty Notice be received? Stephen. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Knowing your rights could help you avoid paying a speeding fine. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. 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. However, the most important thing is to stay calm and deal with the situation at hand. The driver fills in the details nominating him or herself but doesnt sign the form. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Why So Much Free Information Whats The Catch? 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. Do you think I have a clear argument for it? Hi Rich. Not completely wrong but typos on both my first and last name. Norwich This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. Can I just leave this to go away? In many circumstances council fines are not enforceable. This is my big list of case law relating to cases of driving with excess alcohol. 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. 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. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. What can we do please? Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Again, remember to take off the day of the alleged offence. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? 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. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. They can refer to the reminder at court. 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. 18:28, 18:38, 18:43 time wise. In some circumstances, you might have a legitimate reason not to pay a fine. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. In 2015 I set up Stephen Oldham Solicitors. Road Traffic - Summary Offences | The Crown Prosecution Service Liverpool There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Hi Bryony Thanks for getting in touch. We Will Answer Your Motoring Offence Question Free The name on the NIP is spelt wrong. The research, conducted by Direct Line Car Insurance, also found that police recorded 1.25 million speeding incidents over a three year period, from 2015-2017. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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 . The fact that the photograph is unclear is irrelevant. You need to find out whose mistake it is. 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. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. What happens if you're caught speeding? NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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 keeper then has to prove at court that there was insurance cover in place for the nominated driver. They can accept this or allow the matter to go to court where the fine can become bigger. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). 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 the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. Carlisle 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. Sometimes the registered keeper nominates someone else as the driver. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Hi Mark Give me a call if you want some advice about this question. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. If the recipient fails to respond, or if they were to write . The cookie is used to store the user consent for the cookies in the category "Other. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. Hi Paul. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. This is quite a complicated area of law. Notice of intended prosecution loopholes and scams just dont work so dont try them. What action should you take? 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. 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. Hi Michael. The vehicle information is correct. 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. But above all it is not worth the risk. This cookie is set by GDPR Cookie Consent plugin. if (window.fbq) { window.fbq('track', 'Lead'); } Will a driving conviction appear on my criminal record? Hi John Thanks for getting in touch. Is this charge enforceable? The cookies is used to store the user consent for the cookies in the category "Necessary". 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? 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. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. 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). I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. 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. Evidence will be required before a driver can be prosecuted for speeding. 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. a red light); careless driving; Cases of perverting the course of justice must be dealt with in the Crown Court. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Please give me a call if you would like to discuss the evidence on 0330 111 6074. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. The police didnt serve the NIP in time. 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? This cookie is set by GDPR Cookie Consent plugin. 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. Different bands and the specifics of the incident determine the exact amount youre fined. There are a few ways that this plot can be foiled. 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 were 80mph, 80mph, 81mph in 70mph zone. IS IT WORTH FIGHTING ON THESE GROUNDS? Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? If you are not the registered keeper there is no time limit. If you think that you have a legitimate defence get some advice before you make things worse. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Conviction for failing to identify the driver. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. 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. Im wondering how best to proceed on what next steps to take? But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. and our The driver ends up with a fixed penalty for three points or a court case instead. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Magistrates guidelines often mean that they impose more than three points. Speeding | Metropolitan Police Formal Notice of Intended Prosecution Manchester If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Speeding penalties - GOV.UK Police post rooms should keep a log of suspicious letters. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. What can I claim for in a personal injury case? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. Speeding | Merseyside Police 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. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. These cookies will be stored in your browser only with your consent.