This informs you that the police are considering prosecution for an alleged motoring offence. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. If so, how many? This is quite a complicated area of law. 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. 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. If the police have sent you a speeding fine what should you do? 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. I have done this and sent the forms back. However, the most important thing is to stay calm and deal with the situation at hand. Norwich The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Offer you a speed awareness course, which will result in no points being endorsed on your licence. The cookies is used to store the user consent for the cookies in the category "Necessary". so obviously he cant complete the NIP form so what will happen next? Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. Stephen. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. If you were stopped by the police it may have been given verbally. Thats where they get the names from. As a result we've received it some seven weeks late. Sometimes the driver/keeper asks the police to send them a photograph. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. 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. Hi John Thanks for getting in touch. But, this isnt true for all cases. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. For example, the keeper nominates her husband and the driver on the photograph is a woman. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. This cookie is set by GDPR Cookie Consent plugin. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Stephen. Let me explain Not only did I save 50 on fees, I also won and, Car Finance Debt New 2023 Laws & Your Rights, Council Tax Debt New 2022 Laws & Your Rights, Credit Card Debt Options to Clear Your Debt, Reducing Your Debt What Are Your Options? Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. Hi Michael. Do you think I have a valid case to void my impending alleged conviction. I received this notice in the post today 15/06/2021! 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? You may have heard that if you get a speeding ticket through the post. For more information, please see our Your email address will not be published. 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. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. It can be pretty difficult to persuade magistrates that two notices went missing. 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. Regards Timothy Bradshaw. Certain types of finance are not regulated, such as bridging loans. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Stephen. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 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. Huddersfield Stephen. Will a driving conviction appear on my criminal record? For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). Make sure that you get proof of postage and keep a copy of your response. 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. They dont receive a reply due to the fact that they dont exist. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? If you are not the registered keeper there is no time limit. The email has been rejected due a process change and says I have to return by post. Offer you a conditional fixed penalty, which is three points and 100 fine . If you want to discuss the case, please give me a call on 07984 436464. DVLA give the name and address of the registered keeper to the police. 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. If you are stopped by the police, a notice of intended prosecution can be given verbally. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. 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. Sometimes the police give a link to a photograph from the speed camera online. There are three reasons why you might not receive a NIP within 14 days. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Their case is at court. The police are under no obligation to identify the driver. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. When should a Fixed Penalty Notice be received? All advice gratefully appreciated. Necessary cookies are absolutely essential for the website to function properly. Hi Jon I would normally expect an entry and an exit image. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. That is a valid defence which is often successfully argued in court. In this case, you won't have to pay the fine or accept any points on your licence. Speeding charge sent to wrong address . These cookies track visitors across websites and collect information to provide customized ads. They might be able to cross-reference the registered post receipt with the dodgy letter. Stephen. 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! Reddit and its partners use cookies and similar technologies to provide you with a better experience. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Usually the identity of the driver comes out of the process and they are dealt with. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. 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. Its easy to panic if you receive a notice of intended prosecution. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Hi Rich. Their evidence will be tested at trial. Most police forces send a reminder when they dont get a reply to the first notice. Note, things do change and sometimes we do miss things (were only human! That is not a valid defence and it cant be argued in court. if (window.fbq) { window.fbq('track', 'Lead'); } The date of the offence was 24/12/2020, and the notice dated 30/12/2020. To see how we use, store and share your contact information you can read our privacy policy. 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. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). The photograph is a red herring. Does this make any difference? If the recipient fails to respond, or if they were to write . An unsigned document is not valid evidence. About Us Seeherefor details about our law firm. The cookie is used to store the user consent for the cookies in the category "Analytics". 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. This website uses cookies to improve your experience while you navigate through the website. Formal Notice of Intended Prosecution Thanks, Hi Scott. 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. We also use third-party cookies that help us analyze and understand how you use this website. Police often keep logs of returned mail. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. 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 accept that they were driving and go on a course or accept a fixed penalty. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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.

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