notice of intended prosecution speeding sent to wrong address

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? Their evidence will be tested at trial. They can refer to the reminder at court. Saying to the police or the magistrates court: All these have been tried, tested and failed. There are three reasons why you might not receive a NIP within 14 days. Is it something I should flag to the Met or just reply with the assumption its for me anyway? Necessary cookies are absolutely essential for the website to function properly. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. First of all, youll need to respond to the section 172 request to identify the driver. Speeding, Notice of Intended prosecution 4 months late. Knowing your rights could help you avoid paying a speeding fine. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. In many circumstances council fines are not enforceable. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Such a warning is normally known as a "notice of intended prosecution", or NIP. You may have heard that if you get a speeding ticket through the post. We do this from the outset of your case and throughout its duration. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. 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. Thanks! Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Frequently Asked Question Offence Categories Here. There might be a photograph from the speed camera showing some detail of the driver. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. 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. Is there a defence for this? They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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 company is happy to pay the fine knowing that the drivers licence is saved. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. I have received a NIP in the post regarding speeding and theyve got my name wrong. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. What should I do? What happens if you're caught speeding? CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. 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 . 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 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. This paragraph should be read in conjunction with 2.202 in cases of accidents. Thanks, Hi Scott. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Rob Says: It depends! If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The police send out thousands of notices to drivers suspected of speeding and other offences every year. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. These offences are usually caught on camera. Is this charge enforceable? I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. You need to find out whose mistake it is. If you were stopped by the police it may have been given verbally. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. If that hasnt happened the prosecutor will want to know why. We also use third-party cookies that help us analyze and understand how you use this website. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. 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). If you are stopped by the police, a notice of intended prosecution can be given verbally. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Early Removal of Driving Disqualification, Speed Awareness & Driver Improvement Courses, need to seek legal advice from an experienced motoring offence, potential consequences of admitting that you were driving, Caught Driving Without Tax Heres What Happens Next, Caught Drink Driving for the 2nd Time? Leeds 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 one isnt so much as a scam as a mis-understanding of the law. 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). Stephen. The question of a conviction appearing on your criminal record is complicated. DVLA give the name and address of the registered keeper to the police. I am now in the 28 days reply period. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . The cookie is used to store the user consent for the cookies in the category "Performance". Keepers of vehicles and suspected drivers must reply and tell the police who was driving. By clicking Accept, you consent to the use of ALL the cookies. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. The cookie is used to store the user consent for the cookies in the category "Analytics". In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? The police send out a requirement to provide driver information. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. 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. What action should you take? Firstly I currently have 6 points on my licence. The cookie is used to store the user consent for the cookies in the category "Other. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. 03301116074. Their case is at court. You could try Michael Lyon Solicitors in Glasgow. 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. 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. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. 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. Again, remember to take off the day of the alleged offence. The prosecutor could also put a charge of failing to provide driver details. 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 consequences are often costlier and more serious than a speed awareness course or three penalty points. Membership and partnership organisations home. I was informed that I should notify them to change it so I can register. Sometimes the registered keeper nominates someone else as the driver. 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. 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 police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The fact that the photograph is unclear is irrelevant. I have done this and sent the forms back. Conviction for failing to provide driver information. Hi Matthew There is no such thing as rejecting an NIP. You can find out more by contacting MoneyHelper. The photograph is a red herring. 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. 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. You wont have to pay the fine and you wont have to accept penalty points on your license. The problem is,. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. Please enable Javascript to view this webpage. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. This cookie is set by GDPR Cookie Consent plugin. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. All of the alternatives are worse than simply accepting the original penalty. 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. The magistrates might decide that there is enough evidence anyway. They tell the magistrates that they did not get the notice in the post, so they could not reply. Privacy Policy. However, there are some exceptions. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Maybe you have decided to go along without a lawyer. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. The notice has to be sent to the registered address on the V5 within 14 days. 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. This is quite a complicated area of law. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. Police post rooms should keep a log of suspicious letters. They can prosecute the registered keeper or anyone else who they sent a notice to. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. The company still gets fined for failing to provide driver details as well. How do I challenge this charge. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Click Answer. 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. The Notice of Intended Prosecution comes before the actual speeding fine. The defence at court is that there is no evidence of who was driving. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! 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. What should i do? If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. They were 80mph, 80mph, 81mph in 70mph zone. Not to be confused with genuine cases where someone did not receive the notice in the post. 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? Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. The police didnt serve the NIP in time. 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. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. 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. Plus, a document called a Section 172 notice. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. 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! 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? Can I check if there are circumstances including address change that may remove that constraint? 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 hope that it is obvious. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. If the DVLA record has a current address at the issue date of the V5C, I reckon a. The police send a notice to the person who has been nominated. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. If so, how many? 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. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Stephen. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. The police send out a notice to a suspected driver. In 2015 I set up Stephen Oldham Solicitors. Liverpool This is to notify them how much they have been fined and if penalty points will be added to their license. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Stephen. the speeding ticket. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. I have received an NIP for my farther who has sadly passed away. This cookie is set by GDPR Cookie Consent plugin. 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? 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. Hull Stephen, Hi Stephen I have received an NIP. 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. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. Is the speed alleged on the NIP an average over two or more points or at a single point? Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. 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. 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.

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