For more information, please see our Can I check if there are circumstances including address change that may remove that constraint? Carlisle The police send a notice to the person who has been nominated. What can I claim for in a personal injury case? MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. DVLA give the name and address of the registered keeper to the police. The police frequently get details of drivers from the national insurance database. However, the alleged offence is stated as 06/02/2022. Formal Notice of Intended Prosecution I may be able to dissuade the police from taking the matter further. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. The police send out thousands of notices to drivers suspected of speeding and other offences every year. I have received an NIP for my farther who has sadly passed away. Whilst it is listed as an option, I feel within my rights to use the option. The name on the NIP is spelt wrong. Please give me a call if you would like to discuss the case in more detail. Cases of perverting the course of justice must be dealt with in the Crown Court. MoneyNerd is not associated with MoneyHelper, we just think theyre great. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. Sorry to hear about what has happened. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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 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 police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Conviction for failing to identify the driver. 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. 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. They will need to confirm either that they were driving or confirm the details of who was driving. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. 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. 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. About Us Seeherefor details about our law firm. These records are based upon the address recorded on the registration certificate for the vehicle. Conviction for failing to provide driver details. The notice may be received several months after the alleged offence took place and still be prosecuted. Our team fact-checks content to ensure accuracy at the time of writing. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. No Hi Bryony Thanks for getting in touch. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. 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. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. I hope that it is obvious. Again, remember to take off the day of the alleged offence. 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 Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. The driver fills in the details nominating him or herself but doesnt sign the form. Notice Of Intended Prosecution: What Next? The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. 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. But opting out of some of these cookies may affect your browsing experience. 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. The magistrates might decide that there is enough evidence anyway. They were 80mph, 80mph, 81mph in 70mph zone. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. All advice gratefully appreciated. 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. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. The keeper must identify the driver unless they are unable to. 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 Notice of Intended Prosecution comes before the actual speeding fine. Dispute a Notice of Intended Prosecution (NIP). Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. This is done by issuing a Notice of Intended Prosecution (NIP). Do you think I have a clear argument for it? If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! In this case, you won't have to pay the fine or accept any points on your licence. Editor, Marcus Herbert. Saying to the police or the magistrates court: All these have been tried, tested and failed. the speeding ticket. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Notice of Intended Prosecution. NIP will be sent out to the details held on PNC at the time the search was made. 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. 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. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Sometimes this is called giving your points to someone else. Stephen. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. 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. Hi Adrian I would try to get it resolved. I have sent you an email about your case. 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. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. The police send out a notice to a suspected driver. Sometimes the police give a link to a photograph from the speed camera online. 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). The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. 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. The driver ends up with a fixed penalty for three points or a court case instead. Please give me a call if you would like to discuss the evidence on 0330 111 6074. There might be a photograph from the speed camera showing some detail of the driver. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. Fees may be payable depending on your final choice of financial product. 18:28, 18:38, 18:43 time wise. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Cookie Notice I am sure that some people do get away with notice of intended prosecution loopholes and scams. In some circumstances, you might have a legitimate reason not to pay a fine. Police post rooms should keep a log of suspicious letters. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. These cookies track visitors across websites and collect information to provide customized ads. However, there are some exceptions. The police usually send a reminder when they dont get a response the first notice. I was informed that I should notify them to change it so I can register. Speeding charge sent to wrong address . 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. Hull This will indicate when DVLA actually updated their records. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Magistrates guidelines often mean that they impose more than three points. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Yes. If you want to discuss the case, please give me a call on 07984 436464. You wont have to pay the fine and you wont have to accept penalty points on your license. 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 . I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! ), You received a verbal warning instead and wont receive a NIP.
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