If you are not the registered keeper there is no time limit. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. Notice of proposed driving disqualification. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. What action should you take? Manchester It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. I received this notice in the post today 15/06/2021! The company is happy to pay the fine knowing that the drivers licence is saved. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. If you are stopped by the police, a notice of intended prosecution can be given verbally. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Certain types of finance are not regulated, such as bridging loans. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. People dont want points on their driving licence, fines or even driving bans. I am now in the 28 days reply period. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. I have done this and sent the forms back. 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. They dont receive a reply due to the fact that they dont exist. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. 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. 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. 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. 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. What action should you take? Based in England. 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). If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) 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 consequences are often costlier and more serious than a speed awareness course or three penalty points. The notice may be received several months after the alleged offence took place and still be prosecuted. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Regards Timothy Bradshaw. 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. Id like to know what is classed as evidence when a speed camera is involved. Slater and Gordon 2023. 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. 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. I have just received a Notice of Intended Prosecution for speeding. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. 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. All advice gratefully appreciated. What happens next after a Notice Of Prosecution? Such a warning is normally known as a "notice of intended prosecution", or NIP. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Notice of Intended Prosecution by Pete / CC BY. Our team fact-checks content to ensure accuracy at the time of writing. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. The notice has to be sent to the registered address on the V5 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? 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. 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. For more information, please see our Its easy to panic if you receive a notice of intended prosecution. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Liverpool In many circumstances council fines are not enforceable. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). 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. They make sure that the envelope is sent by registered post. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. Conviction for failing to identify the driver. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. This one isnt so much as a scam as a mis-understanding of the law. Notice of intended prosecution loopholes and scams just dont work so dont try them. In this case, you won't have to pay the fine or accept any points on your licence. Hi Jon I would normally expect an entry and an exit image. Conviction for failing to provide driver details. Your email address will not be published. These offences are usually caught on camera. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. The police send a document to the registered keeper of the vehicle. We are so confused, we dont know what to do. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. They can accept this or allow the matter to go to court where the fine can become bigger. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. 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. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Another case says that an unsigned form does not amount to a reply. Most speeding cases end up with a fixed penalty for three points and 100. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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 . NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Necessary cookies are absolutely essential for the website to function properly. I have now received a follow up letter which says a copy of the charge was sent within . Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. 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 . Leeds Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? Stephen. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. How do I challenge this charge. Conviction for perverting the course of justice. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Does this make any difference? Quite simple. 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? 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. Thats where they get the names from. Hi John Thanks for getting in touch. Caddick Davies can talk you through the options available to you, based on your individual case. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. If you have any information about who was driving your vehicle, wed always advise that you provide as much information as possible to the police, such as the names and addresses of potential drivers. Police post rooms should keep a log of suspicious letters. When you receive a notice, it does not mean the prosecution will necessarily happen. Is there a defence for this? Usually the identity of the driver comes out of the process and they are dealt with. Formal Notice of Intended Prosecution The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Thats when MoneyNerd was born. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. What can we do please? 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. 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 . That is not a valid defence and it cant be argued in court. I hope that this information helps. Notice of Intended Prosecution. If you were speeding take the hit and stop moaning. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. You could try Michael Lyon Solicitors in Glasgow. 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. This website uses cookies to improve your experience while you navigate through the website. Stephen Oldham Solicitors is authorised and regulated by the Solicitors Regulation Authority | Registration number 659299, 2023 All Rights Reserved | Privacy Policy | Site Design & Development by Scribbletribe. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Chelmsford Hi Bryony Thanks for getting in touch. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. 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. You arent the registered vehicle keeper. 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.

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