notice of intended prosecution speeding sent to wrong address

Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. 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. What should i do? Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Why So Much Free Information Whats The Catch? 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. In the case of more serious offences, the case may be referred to the courts. We are so confused, we dont know what to do. 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 18:28, 18:38, 18:43 time wise. Evidence will be required before a driver can be prosecuted for speeding. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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. 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. Home> Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. That person may not be insured. The notice has to be sent to the registered address on the V5 within 14 days. We do this from the outset of your case and throughout its duration. 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. 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. Id like to know what is classed as evidence when a speed camera is involved. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. Notice of Intended Prosecution by Pete / CC BY. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. If you were speeding take the hit and stop moaning. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. ICO No: ZB338550. so obviously he cant complete the NIP form so what will happen next? In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. The keeper must identify the driver unless they are unable to. Thanks, Hi Scott. You have to respond to say who was driving or you might get 6 points and a fine. You wont have to pay the fine and you wont have to accept penalty points on your license. Stephen. The police didnt serve the NIP in time. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Nottingham In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. If that hasnt happened the prosecutor will want to know why. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. and our I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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. What happens if you're caught speeding? Conviction for failing to identify the driver. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Again, remember to take off the day of the alleged offence. Most speeding cases end up with a fixed penalty for three points and 100. 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. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. Make sure that you get proof of postage and keep a copy of your response. You arent the registered vehicle keeper. When a driver has been going just over the speed limit the police offer them a speed awareness course. ), You received a verbal warning instead and wont receive a NIP. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. Cookie Notice 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. The criminal record is not the only thing that you might need to think about. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. The Notice of Intended Prosecution comes before the actual speeding fine. Cardiff Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. 0333 443 2366 Mobile friendly number. Reddit and its partners use cookies and similar technologies to provide you with a better experience. They go to extraordinary lengths to avoid justice. Receiving a notice of intended prosecution might send you into a panic. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). But lying during the process will be a disaster. Have you got any points already? The vehicle information is correct. 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. This is quite a complicated area of law. They fill in the notice with the false details. The matter will be referred to the magistrates . Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. You have a legal obligation to respond to a NIP which is addressed to you. 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. 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. They might be able to cross-reference the registered post receipt with the dodgy letter. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I am not saying that anyone should admit to speeding when they didnt do it. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. Youll then have 28 days to accept the fine and potential penalty points. The cookies is used to store the user consent for the cookies in the category "Necessary". We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. They tell the magistrates that they did not get the notice in the post, so they could not reply. They will get six points and a fine all of their own. Editor, Marcus Herbert. You may have heard that if you get a speeding ticket through the post. A person is charged with failing to provide driver information. Carlisle the speeding ticket. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. But opting out of some of these cookies may affect your browsing experience. All information was correct at the time of publication. NIP will be sent out to the details held on PNC at the time the search was made. 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. Hull This website uses cookies to improve your experience while you navigate through the website. 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. Is the speed alleged on the NIP an average over two or more points or at a single point? Hope this helps. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Offer you a speed awareness course, which will result in no points being endorsed on your licence. I am sure that some people do get away with notice of intended prosecution loopholes and scams. 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. What action should you take? 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. IS IT WORTH FIGHTING ON THESE GROUNDS? Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. If you think that you have a legitimate defence get some advice before you make things worse. 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. 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. You can find out more by contacting MoneyHelper. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. 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. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. 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. The driver fills in the details nominating him or herself but doesnt sign the form. 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 . For more information, please see our Im wondering how best to proceed on what next steps to take? Do you think I have a valid case to void my impending alleged conviction. If you want to discuss the case, please give me a call on 07984 436464. The told me exactly how to appeal and win. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Formal Notice of Intended Prosecution If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. For further assistance contact us online or call us on 0330 041 5869. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. However, the most important thing is to stay calm and deal with the situation at hand. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. Stephen, Hi Stephen I have received an NIP. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. 2. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. These cookies ensure basic functionalities and security features of the website, anonymously. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Surely this is way too late for them to take any action. Is it something I should flag to the Met or just reply with the assumption its for me anyway? A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. They have to go to court and lie on oath. Click Answer. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) Your email address will not be published. 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 police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. They advised me on how to appeal and gave me everything I needed to make an airtight defence. The notice may be received several months after the alleged offence took place and still be prosecuted. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. If the recipient fails to respond, or if they were to write . A notice of intended prosecution is issued by the police. What happens if I don't receive a NIP after 14 days? In some circumstances, you might have a legitimate reason not to pay a fine. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. This cookie is set by GDPR Cookie Consent plugin. It is simply to notify that the police may take action. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here.

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