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Thats when MoneyNerd was born. Stephen. This is done by issuing a Notice of Intended Prosecution (NIP). When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). If that hasnt happened the prosecutor will want to know why. Wed never recommend ignoring a notice of intended prosecution. Then they write to the registered keeper again for more details. Stephen. But opting out of some of these cookies may affect your browsing experience. Manchester This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. The police will write to the false person who is overseas. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. The consequences are often costlier and more serious than a speed awareness course or three penalty points. What happens if I don't receive a NIP after 14 days? If you were speeding take the hit and stop moaning. When should a Fixed Penalty Notice be received? The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. NIPs to the Wrong Address - David Barton | Motorist Lawyer They go to extraordinary lengths to avoid justice. This website uses cookies to improve your experience while you navigate through the website. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. I have now received a follow up letter which says a copy of the charge was sent within . I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. Bradford Birmingham 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Nottingham I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. The defence at court is that there is no evidence of who was driving. 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 (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. 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 DVLA record has a current address at the issue date of the V5C, I reckon a. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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 know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Chelmsford Notice Of Intended Prosecution: What Next? | Caddick Davies What can we do please? Regards Timothy Bradshaw. 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? Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. 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 . Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Their case is at court. If you are stopped by the police, a notice of intended prosecution can be given verbally. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. However I was not in that area at the time. The cookie is used to store the user consent for the cookies in the category "Other. 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? Speeding charge sent to wrong address : r/LegalAdviceUK If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Cookie Notice 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 also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. The police have up to six months to issue you with a speeding fine. This satisfies the Notice of Intended Prosecution rules. Rob Says: It depends! These records are based upon the address recorded on the registration certificate for the vehicle. To see how we use, store and share your contact information you can read our privacy policy. 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? Notice of Intended Prosecution | Devon and Cornwall Police The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. The notice of intended prosecution (NIP) was sent to our old company address. 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. 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? They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. I have done this and sent the forms back. A person is charged with failing to provide driver information. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Written confirmation is being sent to you in order to confirm that no further action will be taken. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. Come back to me if you would like my help with this matter. Ranked in the top 20 law firms by Trustpilot. 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. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. The police send a notice to the person who has been nominated. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. There are three reasons why you might not receive a NIP within 14 days. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). The cookies is used to store the user consent for the cookies in the category "Necessary". Hi Matthew There is no such thing as rejecting an NIP. 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. However, the alleged offence is stated as 06/02/2022. 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. Notice of intended prosecution sent to wrong address. The Notice of Intended Prosecution arrived after 14 days Notice of intended prosecution sent to wrong address - Page 1 - Speed 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. The cookie is used to store the user consent for the cookies in the category "Performance". if (window.fbq) { window.fbq('track', 'Lead'); } If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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. 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). Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Offer you a speed awareness course, which will result in no points being endorsed on your licence. The notice may be received several months after the alleged offence took place and still be prosecuted. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. What can I claim for in a personal injury case? The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. However, the most important thing is to stay calm and deal with the situation at hand. 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? 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. They have to go to court and lie on oath. We often link to other websites, but we can't be responsible for their content. These offences are usually caught on camera. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Trademark No: UK00003340161. Loss of opportunity to do a course or accept a fixed penalty. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. It is only there to identify the registration of the vehicle, not the driver. They were 80mph, 80mph, 81mph in 70mph zone. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Again, remember to take off the day of the alleged offence. ), You received a verbal warning instead and wont receive a NIP. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit.