The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. We often link to other websites, but we can't be responsible for their content. 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 notice of intended prosecution is issued by the police. Written confirmation is being sent to you in order to confirm that no further action will be taken. 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. The police will write to the false person who is overseas. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. But a company cant get penalty points. 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. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. The course lasts for half a day and there are no penalty points. 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. Notice of Intended Prosecution. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Thanks, Hi Scott. 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. Caddick Davies can talk you through the options available to you, based on your individual case. 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. What do I do with the NIP after it has missed the 14 days ? Huddersfield Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Newcastle At MoneyNerd, we are passionate about simplifying finance. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 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. Hi Matthew There is no such thing as rejecting an NIP. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. The police didnt serve the NIP in time. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. That person may not be insured. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Stephen, Hi Stephen I have received an NIP. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. They will work with you to find the right way forward for your individual case. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Nottingham 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. 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. document.addEventListener('wpcf7mailsent', function (event) { 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. Is the speed alleged on the NIP an average over two or more points or at a single point? 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 . Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. 2. 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. Stephen. This paragraph should be read in conjunction with 2.202 in cases of accidents. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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 hope that it is obvious. Hi Adrian I would try to get it resolved. Chelmsford We are so confused, we dont know what to do. 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. They tell the magistrates that they did not get the notice in the post, so they could not reply. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. Id like to know what is classed as evidence when a speed camera is involved. All information was correct at the time of publication. Police often keep logs of returned mail. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? And they were all within the space of 15 minutes. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. Some say the police will have other, clearer photos, others are not so sure. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. In 2015 I set up Stephen Oldham Solicitors. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. 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. 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. Most speeding cases end up with a fixed penalty for three points and 100. These cookies ensure basic functionalities and security features of the website, anonymously. Police post rooms should keep a log of suspicious letters. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Conviction for failing to provide driver information. Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. 03301116074. 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. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. This will almost certainly be after you'd moved. You probably are give me a call if you would like to discuss in more detail. By clicking Accept, you consent to the use of ALL the cookies. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Ranked in the top 20 law firms by Trustpilot. The question of a conviction appearing on your criminal record is complicated. 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 date on my newly updated V05 document is. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. You can find out more by contacting MoneyHelper. The told me exactly how to appeal and win. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. 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. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. For example, the keeper nominates her husband and the driver on the photograph is a woman. 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. Does this make any difference? If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. 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. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. It is a different type of firm enabled by technology and by new ways of working in the justice system. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. When should a Fixed Penalty Notice be received? 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. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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? It is simply to notify that the police may take action. No The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. What happens next after a Notice Of Prosecution? within a few minutes of each other, the Court can impose only one set of points for the two or more offences? The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. In some circumstances, you might have a legitimate reason not to pay a fine. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 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. 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 cookies is used to store the user consent for the cookies in the category "Necessary". This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. 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. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Leeds Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. 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. London They were 80mph, 80mph, 81mph in 70mph zone. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Fees may be payable depending on your final choice of financial product. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Conviction for failing to provide driver details. An unsigned document is not valid evidence. I.e. It can be pretty difficult to persuade magistrates that two notices went missing. We are so confused, we dont know what to do. However, it does act as a warning that you may be prosecuted for the alleged offence. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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? The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Is there a defence for this? The email has been rejected due a process change and says I have to return by post. What action should you take? You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. This will indicate when DVLA actually updated their records. If the recipient fails to respond, or if they were to write . 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 keeper then has to prove at court that there was insurance cover in place for the nominated driver. They fill in the notice with the false details. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Their case is at court. 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. ICO No: ZB338550. 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. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. They will get six points and a fine all of their own. Speeding charge sent to wrong address . Usually the identity of the driver comes out of the process and they are dealt with. I have now received a follow up letter which says a copy of the charge was sent within . Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Notice Of Intended Prosecution: What Next? Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. The company still gets fined for failing to provide driver details as well. Cases of perverting the course of justice must be dealt with in the Crown Court. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. The company receives the notice from the police requiring the details of the driver. There are circumstances where you may not have received the NIP within 14 . Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. 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. The driver fills in the details nominating him or herself but doesnt sign the form. 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. That is the job of the keeper who has a legal obligation to tell the police who was driving. 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. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Based in England. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Certain types of finance are not regulated, such as bridging loans. What action should you take? If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Evidence will be required before a driver can be prosecuted for speeding. That is a valid defence which is often successfully argued in court. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The criminal record is not the only thing that you might need to think about. 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? Knowing your rights could help you avoid paying a speeding fine. The police are under no obligation to identify the driver. Regards Rob, Hi Rob. We Can Help. 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. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Patterson Law Limited is a law firm authorised and regulated by the. I was informed that I should notify them to change it so I can register. The magistrates might decide that there is enough evidence anyway. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. Magistrates guidelines often mean that they impose more than three points. IS IT WORTH FIGHTING ON THESE GROUNDS? DVLA give the name and address of the registered keeper to the police. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. Quite simple. Sorry to hear about what has happened. In this case, you won't have to pay the fine or accept any points on your licence. Stephen. 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. 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. The NIP has to be served on the registered keeper within 14 days. Do you think I have a valid case to void my impending alleged conviction.