A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. The company is happy to pay the fine knowing that the drivers licence is saved. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers 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. I may be able to dissuade the police from taking the matter further. Notice of Intended Prosecution | Devon and Cornwall Police I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. These cookies ensure basic functionalities and security features of the website, anonymously. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Speeding | Merseyside Police 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. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. If you want to discuss the case, please give me a call on 07984 436464. 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. I.e. 18:28, 18:38, 18:43 time wise. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. 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). 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. Fixed Penalty Notices: all you need to know | RAC Drive The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. To see how we use, store and share your contact information you can read our privacy policy. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. 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. Necessary cookies are absolutely essential for the website to function properly. The company simply ignores the notice. Privacy Policy. Newsroom> I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. Can I check if there are circumstances including address change that may remove that constraint? Maybe you have decided to go along without a lawyer. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. Their evidence will be tested at trial. 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. Regards Rob, Hi Rob. I was informed that I should notify them to change it so I can register. Come back to me if you would like my help with this matter. It is only there to identify the registration of the vehicle, not the driver. Thanks, Hi Scott. Editor, Marcus Herbert. What does Michael Howard have in common with Christine Hamilton? For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. I have received an NIP for my farther who has sadly passed away. 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. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. These cookies will be stored in your browser only with your consent. 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. The vehicle information is correct. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. People dont want points on their driving licence, fines or even driving bans. The police have up to six months to issue you with a speeding fine. The police send out thousands of notices to drivers suspected of speeding and other offences every year. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. All information was correct at the time of publication. Newcastle I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. They dont receive a reply due to the fact that they dont exist. I WAS DOING 30 MPH IN A 30 LIMIT. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. Police often keep logs of returned mail. The matter will be referred to the magistrates . About Us Seeherefor details about our law firm. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. If so, how many? 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. 0333 443 2366 Mobile friendly number. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. The police will write to the false person who is overseas. This is done by issuing a Notice of Intended Prosecution (NIP). If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. Based in England. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Id like to know what is classed as evidence when a speed camera is involved. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. The keeper must identify the driver unless they are unable to. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. They can accept this or allow the matter to go to court where the fine can become bigger. Please enable Javascript to view this webpage. Sometimes the registered keeper nominates someone else as the driver. The police send out a notice to a suspected driver. The email has been rejected due a process change and says I have to return by post. 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 date of the offence was 24/12/2020, and the notice dated 30/12/2020. These cookies track visitors across websites and collect information to provide customized ads. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . Such a warning is normally known as a "notice of intended prosecution", or NIP. Yes. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. That is the job of the keeper who has a legal obligation to tell the police who was driving. It is a different type of firm enabled by technology and by new ways of working in the justice system. 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. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of 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. 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. This will indicate when DVLA actually updated their records. When you receive a notice, it does not mean the prosecution will necessarily happen. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. For further assistance contact us online or call us on 0330 041 5869. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). It can be pretty difficult to persuade magistrates that two notices went missing. The photograph is a red herring. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. However I was not in that area at the time.