so obviously he cant complete the NIP form so what will happen next? It depends! Do you think I have a clear argument for it? 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. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Come back to me if you would like my help with this matter. 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. In many circumstances council fines are not enforceable. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! 0333 443 2366 Mobile friendly number. Evidence will be required before a driver can be prosecuted for speeding. 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. However, it does act as a warning that you may be prosecuted for the alleged offence. The police send out a requirement to provide driver information. The police send a notice to the person who has been nominated. Huddersfield Conviction for failing to provide driver information. If the registered keeper says that they were driving, the police go on to look at the offence, they might: Newsroom> If you are not the registered keeper there is no time limit. This is done by issuing a Notice of Intended Prosecution (NIP). Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. 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. 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Wed never recommend ignoring a notice of intended prosecution. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. I am sure that some people do get away with notice of intended prosecution loopholes and scams. and our The name on the NIP is spelt wrong. Privacy Policy. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. The cookie is used to store the user consent for the cookies in the category "Performance". All rights reserved. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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. They will work with you to find the right way forward for your individual case. Is it something I should flag to the Met or just reply with the assumption its for me anyway? You arent the registered vehicle keeper. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. The NIP must have been received within 14 days since the date of the alleged speeding offence. However, there are some exceptions. Can I reject a speeding ticket after 14 days? | The Irish Sun Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. 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. But a company cant get penalty points. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Notice of Intended Prosecution (NIP) - Road Traffic What can I claim for in a personal injury case? This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Leeds The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. 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. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. A section 172 notice will also accompany the NIP. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). They were 80mph, 80mph, 81mph in 70mph zone. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. When a driver has been going just over the speed limit the police offer them a speed awareness course. That is not a valid defence and it cant be argued in court. 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. 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 . 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 . It is a different type of firm enabled by technology and by new ways of working in the justice system. Your email address will not be published. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. The police have up to six months to issue you with a speeding fine. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This informs you that the police are considering prosecution for an alleged motoring offence. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers The date of the offence was 24/12/2020, and the notice dated 30/12/2020. I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. Certain types of finance are not regulated, such as bridging loans. To see how we use, store and share your contact information you can read our privacy policy. What happens if you're caught speeding? An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. 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. Quite simple. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). The matter will be referred to the magistrates . Can I reject a speeding ticket after 14 days? | The Sun In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. 2. Liverpool The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. These cookies track visitors across websites and collect information to provide customized ads. Stephen. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd I.e. Loss of opportunity to do a course or accept a fixed penalty. Surely this is way too late for them to take any action. I am not saying that anyone should admit to speeding when they didnt do it. Saying to the police or the magistrates court: All these have been tried, tested and failed. We are so confused, we dont know what to do. Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. What does Michael Howard have in common with Christine Hamilton? reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) 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. 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. If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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. 03301116074. 3. What should I do? within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 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. The company still gets fined for failing to provide driver details as well. In the case of more serious offences, the case may be referred to the courts. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. People dont want points on their driving licence, fines or even driving bans. Thanks! I WAS DOING 30 MPH IN A 30 LIMIT. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. Sometimes the driver/keeper asks the police to send them a photograph. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. ), You received a verbal warning instead and wont receive a NIP. In some circumstances, you might have a legitimate reason not to pay a fine. Thats where they get the names from. Id like to know what is classed as evidence when a speed camera is involved. 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 returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Hi John Thanks for getting in touch. Is there a requirement for warning signs to be in place in and around the location of the speed check? If you want to discuss the case, please give me a call on 07984 436464. If the notice didnt get delivered, then the post office often returns to sender. Notice of intended prosecution loopholes and scams just dont work so dont try them. Sometimes this is called giving your points to someone else. Do you think I have a valid case to void my impending alleged conviction. Reddit and its partners use cookies and similar technologies to provide you with a better experience. We do this from the outset of your case and throughout its duration. Analytical cookies are used to understand how visitors interact with the website. The police frequently get details of drivers from the national insurance database. But lying during the process will be a disaster. There are circumstances where you may not have received the NIP within 14 . 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 the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. This cookie is set by GDPR Cookie Consent plugin. Is the speed alleged on the NIP an average over two or more points or at a single point? Again, remember to take off the day of the alleged offence. These offences are usually caught on camera. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving Fines and costs are always more than 100 at court. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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. 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 . Speeding | Merseyside Police 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. Note, things do change and sometimes we do miss things (were only human! And they were all within the space of 15 minutes. You wont have to pay the fine and you wont have to accept penalty points on your license. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers 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. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Regards Timothy Bradshaw. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. In 2015 I set up Stephen Oldham Solicitors. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. All advice gratefully appreciated. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Offer you a speed awareness course, which will result in no points being endorsed on your licence. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. If you need to discuss the details, give me a call on 03301116074. Hi Matthew There is no such thing as rejecting an NIP. I may be able to dissuade the police from taking the matter further. They make sure that the envelope is sent by registered post. 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. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! If you think that you have a legitimate defence get some advice before you make things worse. These offences are usually caught on camera. 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. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 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? The question of a conviction appearing on your criminal record is complicated. Notice of Intended Prosecution | Devon and Cornwall Police a red light); careless driving; The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. 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. Name Spelt Wrong On Notice Of Intended Prosecution ICO No: ZB338550. Manchester 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. 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. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. If you were speeding take the hit and stop moaning. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. They fill in the notice with the false details. The cookie is used to store the user consent for the cookies in the category "Analytics". 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.