I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The matter will be referred to the magistrates . Is this charge enforceable? 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. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. Saying to the police or the magistrates court: All these have been tried, tested and failed. But opting out of some of these cookies may affect your browsing experience. 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. 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. 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). Rob Says: It depends! It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. Id like to know what is classed as evidence when a speed camera is involved. I hope that it is obvious. The NIP has to be served on the registered keeper within 14 days. Magistrates guidelines often mean that they impose more than three points. That is not a valid defence and it cant be argued in court. The name on the NIP is spelt wrong. Will a driving conviction appear on my criminal record? ICO No: ZB338550. For example, the keeper nominates her husband and the driver on the photograph is a woman. 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. The magistrates might decide that there is enough evidence anyway. The notice may be received several months after the alleged offence took place and still be prosecuted. Hull At MoneyNerd, we are passionate about simplifying finance. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. If you were speeding take the hit and stop moaning. I received this notice in the post today 15/06/2021! The police send out a notice to a suspected driver. If you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Usually the identity of the driver comes out of the process and they are dealt with. The police send a document to the registered keeper of the vehicle. We Will Answer Your Motoring Offence Question Free 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. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). The matter will be referred to the magistrates . They accept that they were driving and go on a course or accept a fixed penalty. The email has been rejected due a process change and says I have to return by post. I may be able to dissuade the police from taking the matter further. 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. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. The police usually send a reminder when they dont get a response the first notice. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Is it something I should flag to the Met or just reply with the assumption its for me anyway? This notice is issued by the police soon after the alleged offence has been committed. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Leeds 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. You need to find out whose mistake it is. 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? If the notice didnt get delivered, then the post office often returns to sender. Conviction for perverting the course of justice. And they were all within the space of 15 minutes. Regards Matthew. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. I have just received a Notice of Intended Prosecution for speeding. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. 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. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. The police send a notice to the person who has been nominated. The vehicle information is correct. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. That is a valid defence which is often successfully argued in court. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Trademark No: UK00003340161. This is quite a complicated area of law. Our team fact-checks content to ensure accuracy at the time of writing. Sometimes the registered keeper nominates someone else as the driver. I am now in the 28 days reply period. There are a number of reasons why you may not have been issued a notice in the post within 14 days. 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. 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. What action should you take? We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Stephen, Hi Stephen I have received an NIP. If so, how many? Plus, a document called a Section 172 notice. Speeding charge sent to wrong address . What can we do please? Again, remember to take off the day of the alleged offence. These cookies ensure basic functionalities and security features of the website, anonymously. Why So Much Free Information Whats The Catch? The police are under no obligation to identify the driver. 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. They advised me on how to appeal and gave me everything I needed to make an airtight defence. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Different bands and the specifics of the incident determine the exact amount youre fined. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. When a driver has been going just over the speed limit the police offer them a speed awareness course. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. 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. What can I claim for in a personal injury case? They will work with you to find the right way forward for your individual case. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. How do I challenge this charge. It states that only the name on the form can fill it it in? For many people going to court and asking for the shortest ban possible might be the best idea. Please enable Javascript to view this webpage. Knowing your rights could help you avoid paying a speeding fine. Make sure that you get proof of postage and keep a copy of your response. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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? DVLA give the name and address of the registered keeper to the police. This will almost certainly be after you'd moved. I have done this and sent the forms back. Youll then have 28 days to accept the fine and potential penalty points. We often link to other websites, but we can't be responsible for their content. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. I have received an NIP for my farther who has sadly passed away. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Stephen. This will indicate when DVLA actually updated their records. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. 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. These offences are usually caught on camera. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. The cookie is used to store the user consent for the cookies in the category "Other. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. An unsigned document is not valid evidence. If you need to discuss the details, give me a call on 03301116074. 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. The defective NIP maybe a defence to the Speeder though. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. Hope this helps. If the DVLA record has a current address at the issue date of the V5C, I reckon a. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. There are three reasons why you might not receive a NIP within 14 days. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. These records are based upon the address recorded on the registration certificate for the vehicle. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. A section 172 notice will also accompany the NIP. When the keeper gets the notice from the police they reply saying that someone else was driving. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Hi Jon I would normally expect an entry and an exit image. Notice of proposed driving disqualification. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 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. You could try Michael Lyon Solicitors in Glasgow. The police will write to the false person who is overseas. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The criminal record is not the only thing that you might need to think about. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? The told me exactly how to appeal and win. Conviction for failing to identify the driver. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Loss of opportunity to do a course or accept a fixed penalty. 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? However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. There might be a photograph from the speed camera showing some detail of the driver. 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. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. These offences are usually caught on camera. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. This paragraph should be read in conjunction with 2.202 in cases of accidents. 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. Thats when MoneyNerd was born. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Conviction for failing to provide driver details. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. I WAS DOING 30 MPH IN A 30 LIMIT. You may have heard that if you get a speeding ticket through the post. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. The prosecutor could also put a charge of failing to provide driver details. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. Chelmsford The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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. Patterson Law Limited is a law firm authorised and regulated by the. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. The NIP must have been received within 14 days since the date of the alleged speeding offence. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? These cookies track visitors across websites and collect information to provide customized ads. Birmingham Always remember anyone can post on the MSE forums, so it can be very different from our opinion.