Hull This is my big list of case law relating to cases of driving with excess alcohol. 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. 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? What can we do please? Such a warning is normally known as a "notice of intended prosecution", or NIP. The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. 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. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. 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. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. 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. The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988. 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. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. The notice of intended prosecution (NIP) was sent to our old company address. This website uses cookies to improve your experience while you navigate through the website. 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. That is a valid defence which is often successfully argued in court. 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. The NIP has to be served on the registered keeper within 14 days. Their case is at court. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. I WAS DOING 30 MPH IN A 30 LIMIT. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. When you receive a notice, it does not mean the prosecution will necessarily happen. This is quite a complicated area of law. 0333 443 2366 Mobile friendly number. Conviction for failing to identify the driver. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. In the case of more serious offences, the case may be referred to the courts. The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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 . Have you got any points already? The date of the offence was 24/12/2020, and the notice dated 30/12/2020. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Please give me a call if you would like to discuss the case in more detail. The course lasts for half a day and there are no penalty points. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. Necessary cookies are absolutely essential for the website to function properly. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. I may be able to dissuade the police from taking the matter further. An unsigned document is not valid evidence. These offences are usually caught on camera. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. Will a driving conviction appear on my criminal record? Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? And they were all within the space of 15 minutes. It is a different type of firm enabled by technology and by new ways of working in the justice system. First of all, youll need to respond to the section 172 request to identify the driver. Cookie Notice Based in England. 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. 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? Keepers of vehicles and suspected drivers must reply and tell the police who was driving. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. 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. Conviction for failing to provide driver information. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. Surely this is way too late for them to take any action. The police send out a requirement to provide driver information. ), so its important that you read the terms of any products that youre considering before you apply. You may have heard that if you get a speeding ticket through the post. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. Click Answer. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. This will almost certainly be after you'd moved. What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. This is to notify them how much they have been fined and if penalty points will be added to their license. Norwich The police will write to the false person who is overseas. The name on the NIP is spelt wrong. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. If the recipient fails to respond, or if they were to write . Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? In many circumstances council fines are not enforceable. Carlisle Is there a requirement for warning signs to be in place in and around the location of the speed check? In 2015 I set up Stephen Oldham Solicitors. }); 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Please enable Javascript to view this webpage. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. Your email address will not be published. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. There are circumstances where you may not have received the NIP within 14 . When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The matter will be referred to the magistrates . Patterson Law Limited is a law firm authorised and regulated by the. Ranked in the top 20 law firms by Trustpilot. 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. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. What happens if you're caught speeding? About Us Seeherefor details about our law firm. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). Receiving a notice of intended prosecution might send you into a panic. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. 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. It can be pretty difficult to persuade magistrates that two notices went missing. This is done by issuing a Notice of Intended Prosecution (NIP). Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. Can I just leave this to go away? In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. 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. 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. A person is charged with failing to provide driver information. 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. That is not a valid defence and it cant be argued in court. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. Why you might not receive a NIP within 14 days. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. They can prosecute the registered keeper or anyone else who they sent a notice to. The driver ends up with a fixed penalty for three points or a court case instead. I am sure that some people do get away with notice of intended prosecution loopholes and scams. These cookies ensure basic functionalities and security features of the website, anonymously. It is only there to identify the registration of the vehicle, not the driver. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Stephen. London The police dont have to offer a fixed penalty. Sometimes the police give a link to a photograph from the speed camera online. Thanks! I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Firstly I currently have 6 points on my licence. 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. The police are under no obligation to identify the driver. By clicking Accept, you consent to the use of ALL the cookies. 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. Is it something I should flag to the Met or just reply with the assumption its for me anyway? If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. The driver fills in the details nominating him or herself but doesnt sign the form. Is the speed alleged on the NIP an average over two or more points or at a single point? 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?
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