notice of intended prosecution speeding sent to wrong address

The keeper then has to prove at court that there was insurance cover in place for the nominated driver. 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. They then dont accept a fixed penalty or a course and take the case to court. We Will Answer Your Motoring Offence Question Free Required fields are marked *. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. 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. 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. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. You could try Michael Lyon Solicitors in Glasgow. 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. 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. The prosecutor could also put a charge of failing to provide driver details. What can we do please? The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? Do you think I have a clear argument for it? New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Norwich Youll then have 28 days to accept the fine and potential penalty points. Why you might not receive a NIP within 14 days. 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. 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. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving. In this case, you won't have to pay the fine or accept any points on your licence. Stephen. In some circumstances, you might have a legitimate reason not to pay a fine. The cookie is used to store the user consent for the cookies in the category "Performance". With a recent 3 points accepted and 3 points dropping off in Dec 2019. The driver fills in the details nominating him or herself but doesnt sign the form. 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. Not completely wrong but typos on both my first and last name. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. There are a few ways that this plot can be foiled. If the registered keeper says that they were driving, the police go on to look at the offence, they might: In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. This is my big list of case law relating to cases of driving with excess alcohol. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. What happens if you're caught speeding? You have a legal obligation to respond to a NIP which is addressed to you. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The police will write to the false person who is overseas. The keeper must identify the driver unless they are unable to. For example, the keeper nominates her husband and the driver on the photograph is a woman. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Stephen. 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. Sometimes the police give a link to a photograph from the speed camera online. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. This cookie is set by GDPR Cookie Consent plugin. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. reversing on a motorway, driving on hard shoulder/central reservation, using lanes marked with red 'X' signs) If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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. If so, how many? I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. 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 fill in the notice with the false details. 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. There might be a photograph from the speed camera showing some detail of the driver. They dont receive a reply due to the fact that they dont exist. Then they write to the registered keeper again for more details. Different bands and the specifics of the incident determine the exact amount youre fined. The vehicle information is correct. 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. Hull Surely this is way too late for them to take any action. I was informed that I should notify them to change it so I can register. Rob Says: It depends! Hi Paul. You also have the option to opt-out of these cookies. But above all it is not worth the risk. The police frequently get details of drivers from the national insurance database. But opting out of some of these cookies may affect your browsing experience. This is done by issuing a Notice of Intended Prosecution (NIP). What should i do? This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. However, the alleged offence is stated as 06/02/2022. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. We often link to other websites, but we can't be responsible for their content. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. 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 returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. The date on my newly updated V05 document is. 2. Is the NIP validly issued and/or validly served? 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. These cookies ensure basic functionalities and security features of the website, anonymously. This will almost certainly be after you'd moved. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. They can refer to the reminder at court. Click Answer. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. Sometimes the registered keeper nominates someone else as 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. The registered keeper was driving when they set off a speed camera. You may have heard that if you get a speeding ticket through the post. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. In extreme cases conviction for perverting the course of justice. 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. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. What can I claim for in a personal injury case? 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. 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. 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. But, this isnt true for all cases. Can I just leave this to go away? For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. The police have up to six months to issue you with a speeding fine. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Bradford 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. 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 . A defective NIP is not a defence to failing to name the driver so you must still provide that information. This cookie is set by GDPR Cookie Consent plugin. Is the speed alleged on the NIP an average over two or more points or at a single point? Whilst it is listed as an option, I feel within my rights to use the option. Ranked in the top 20 law firms by Trustpilot. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If you were stopped by the police it may have been given verbally. Sometimes the driver/keeper asks the police to send them a photograph. The police send out a requirement to provide driver information. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Is it something I should flag to the Met or just reply with the assumption its for me anyway? middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. Conviction for failing to identify the driver. The matter will be referred to the magistrates . 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. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Most speeding cases end up with a fixed penalty for three points and 100. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. 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. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. Written confirmation is being sent to you in order to confirm that no further action will be taken. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. We are so confused, we dont know what to do. But it isnt necessary for the police to provide them at the fixed penalty stage. Maybe you have decided to go along without a lawyer. Please give me a call if you would like to discuss the case in more detail. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Is there a defence for this? Membership and partnership organisations home. 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. It is only there to identify the registration of the vehicle, not the driver. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. All information was correct at the time of publication. 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. 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. Cookie Notice Chelmsford If you think that you have a legitimate defence get some advice before you make things worse. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. They accept that they were driving and go on a course or accept a fixed penalty. 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 photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. For more information, please see our The name on the NIP is spelt wrong. Is there a requirement for warning signs to be in place in and around the location of the speed check? 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. 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! It is simply to notify that the police may take action. Their evidence will be tested at trial. 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. 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 defective NIP maybe a defence to the Speeder though. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. However, the most important thing is to stay calm and deal with the situation at hand. 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. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. Let me explain Not only did I save 50 on fees, I also won and, Car Finance Debt New 2023 Laws & Your Rights, Council Tax Debt New 2022 Laws & Your Rights, Credit Card Debt Options to Clear Your Debt, Reducing Your Debt What Are Your Options? So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. Certain types of finance are not regulated, such as bridging loans. 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. 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). These offences are usually caught on camera. Receiving a notice of intended prosecution might send you into a panic. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 03301116074. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. Speeding charge sent to wrong address . You need to find out whose mistake it is. All advice gratefully appreciated. I may be able to dissuade the police from taking the matter further. Is this charge enforceable? The criminal record is not the only thing that you might need to think about. If the recipient fails to respond, or if they were to write . Patterson Law Limited is a law firm authorised and regulated by the. 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. Conviction for failing to provide driver information. Notice Of Intended Prosecution: What Next? Trading address: The Grange, Grange Road, Malvern, WR14 3HA. 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. 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. Notice of Intended Prosecution by Pete / CC BY. Another case says that an unsigned form does not amount to a reply. The police dont have to offer a fixed penalty. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Again, remember to take off the day of the alleged offence. All rights reserved. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Thats when MoneyNerd was born. How do I challenge this charge. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. Most police forces send a reminder when they dont get a reply to the first notice. 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. It states that only the name on the form can fill it it in? Lets look at what happens with a speeding case: When a speed camera or a police officer with a speed detection device sees a vehicle speeding they record the registration number. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. The photograph is a red herring. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. 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? However I was not in that area at the time. You arent the registered vehicle keeper. The cookie is used to store the user consent for the cookies in the category "Other. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. This one isnt so much as a scam as a mis-understanding of the law. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. 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. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. Stephen. These cookies track visitors across websites and collect information to provide customized ads. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. The notice has to be sent to the registered address on the V5 within 14 days. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. This cookie is set by GDPR Cookie Consent plugin. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. As a result we've received it some seven weeks late. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. I also note that the prosecution should start within 6 months. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court.