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. Will a driving conviction appear on my criminal record? We often link to other websites, but we can't be responsible for their content. Sorry to hear about what has happened. Written confirmation is being sent to you in order to confirm that no further action will be taken. Wed never recommend ignoring a notice of intended prosecution. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. NIP will be sent out to the details held on PNC at the time the search was made. This paragraph should be read in conjunction with 2.202 in cases of accidents. 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 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. NIPs to the Wrong Address - David Barton | Motorist Lawyer 3. Id like to know what is classed as evidence when a speed camera is involved. 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. 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 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. Huddersfield You also have the option to opt-out of these cookies. 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. 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. The police send out a requirement to provide driver information. 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. Why So Much Free Information Whats The Catch? 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 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. The Notice of Intended Prosecution arrived after 14 days Hi Mark Give me a call if you want some advice about this question. I have done this and sent the forms back. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Hi John Thanks for getting in touch. The driver ends up with a fixed penalty for three points or a court case instead. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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. However, the most important thing is to stay calm and deal with the situation at hand. Note, things do change and sometimes we do miss things (were only human! Hi Matthew There is no such thing as rejecting an NIP. There are three reasons why you might not receive a NIP within 14 days. 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. If the recipient fails to respond, or if they were to write . I am sure that some people do get away with notice of intended prosecution loopholes and scams. Whilst it is listed as an option, I feel within my rights to use the option. You probably are give me a call if you would like to discuss in more detail. It can be pretty difficult to persuade magistrates that two notices went missing. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). Based in England. This cookie is set by GDPR Cookie Consent plugin. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. 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. I received this notice in the post today 15/06/2021! The magistrates might decide that there is enough evidence anyway. 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. 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. They will need to confirm either that they were driving or confirm the details of who was driving. Stephen. The vehicle information is correct. If the police have sent you a speeding fine what should you do? Hi Bryony Thanks for getting in touch. 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. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Your email address will not be published. You wont have to pay the fine and you wont have to accept penalty points on your license. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Evidence will be required before a driver can be prosecuted for speeding. Stephen. 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. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. How do I challenge this charge. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Surely this is way too late for them to take any action. What can I claim for in a personal injury case? Name Spelt Wrong On Notice Of Intended Prosecution The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers IS IT WORTH FIGHTING ON THESE GROUNDS? Usually the identity of the driver comes out of the process and they are dealt with. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. This website uses cookies to improve your experience while you navigate through the website. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. ICO No: ZB338550. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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. This satisfies the Notice of Intended Prosecution rules. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. 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. Hi Jon I would normally expect an entry and an exit image. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. 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. I.e. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. 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. The police frequently get details of drivers from the national insurance database. The photograph is a red herring. In this case, you won't have to pay the fine or accept any points on your licence. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Is the speed alleged on the NIP an average over two or more points or at a single point? Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong 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 . Regards Rob, Hi Rob. You have to respond to say who was driving or you might get 6 points and a fine. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. The notice may be received several months after the alleged offence took place and still be prosecuted. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.