The defence at court is that there is no evidence of who was driving. I WAS DOING 30 MPH IN A 30 LIMIT. Nottingham This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. What action should you take? The criminal record is not the only thing that you might need to think about. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence 2. I have now received a follow up letter which says a copy of the charge was sent within . The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Conviction for perverting the course of justice. If the registered keeper says that they were driving, the police go on to look at the offence, they might: But, this isnt true for all cases. V5C to wrong address, now notice of intended prosecution 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. Thats where they get the names from. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Police post rooms should keep a log of suspicious letters. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 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. They were 80mph, 80mph, 81mph in 70mph zone. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Liverpool If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. 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. 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. The magistrates might decide that there is enough evidence anyway. If so, how many? 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. Hi Michael. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Conviction for failing to identify the driver. 3. Stephen. 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. They go to extraordinary lengths to avoid justice. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. The police send out a notice to a suspected driver. If you want to discuss the case, please give me a call on 07984 436464. As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. However, the most important thing is to stay calm and deal with the situation at hand. 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. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. 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. In 2015 I set up Stephen Oldham Solicitors. You will need to respond requesting a Court hearing and once paperwork is received requiring you to enter a plea, it is highly advisable to seek specialist professional advice regarding possible defences. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. You have to respond to say who was driving or you might get 6 points and a fine. 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. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Thats when MoneyNerd was born. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } What happens if you're caught speeding? You may have heard that if you get a speeding ticket through the post. Notice of proposed driving disqualification. 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. IS IT WORTH FIGHTING ON THESE GROUNDS? Receiving a notice of intended prosecution might send you into a panic. 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 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 . Regards Matthew. You may have heard that if you get a speeding ticket through the post. Offer you a speed awareness course, which will result in no points being endorsed on your licence. The police usually send a reminder when they dont get a response the first notice. Newsroom> They then dont accept a fixed penalty or a course and take the case to court. 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. Is this charge enforceable? What do I do with the NIP after it has missed the 14 days ? Police often keep logs of returned mail. 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? Privacy Policy. ICO No: ZB338550. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for 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. There are circumstances where you may not have received the NIP within 14 . 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. Such a warning is normally known as a "notice of intended prosecution", or NIP. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. so obviously he cant complete the NIP form so what will happen next? 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. Editor, Marcus Herbert. 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. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. In extreme cases conviction for perverting the course of justice. This is quite a complicated area of law. They accept that they were driving and go on a course or accept a fixed penalty. The notice has to be sent to the registered address on the V5 within 14 days. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). The Notice of Intended Prosecution comes before the actual speeding fine. Cases of perverting the course of justice must be dealt with in the Crown Court. Fines and costs are always more than 100 at court. Is the NIP validly issued and/or validly served? 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. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. This informs you that the police are considering prosecution for an alleged motoring offence. The matter will be referred to the magistrates . We are so confused, we dont know what to do. 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. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. Loss of opportunity to do a course or accept a fixed penalty. I have done this and sent the forms back. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. The driver fills in the details nominating him or herself but doesnt sign the form. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. These cookies track visitors across websites and collect information to provide customized ads. Another case says that an unsigned form does not amount to a reply. Stephen, Hi Stephen I have received an 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. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Analytical cookies are used to understand how visitors interact with the website. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. The police frequently get details of drivers from the national insurance database. People dont want points on their driving licence, fines or even driving bans. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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.