Thanks, Hi Scott. For many people going to court and asking for the shortest ban possible might be the best idea. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. 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. They accept that they were driving and go on a course or accept a fixed penalty. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. This is done by issuing a Notice of Intended Prosecution (NIP). I hope that it is obvious. 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. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. How do I challenge this charge. Stephen. If youve received a notice of intended prosecution, you may be concerned about the potential implications. We Will Answer Your Motoring Offence Question Free A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. However, the most important thing is to stay calm and deal with the situation at hand. Thanks! Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Hi Paul. MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. The police are under no obligation to identify the driver. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Speeding offences | Northamptonshire Police I received this notice in the post today 15/06/2021! This paragraph should be read in conjunction with 2.202 in cases of accidents. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. 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. A notice of intended prosecution is issued by the police. A defective NIP is not a defence to failing to name the driver so you must still provide that information. The police will write to the false person who is overseas. 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. Im wondering how best to proceed on what next steps to take? Notice of Intended Prosecution | Devon and Cornwall Police It does not store any personal data. We do this from the outset of your case and throughout its duration. Notice of intended prosecution loopholes and how they can backfire You may have heard that if you get a speeding ticket through the post. 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 cookie is set by GDPR Cookie Consent plugin. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. 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? Your email address will not be published. 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). Hi Jon I would normally expect an entry and an exit image. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Nottingham 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. 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. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. But above all it is not worth the risk. The consequences are often costlier and more serious than a speed awareness course or three penalty points. They dont receive a reply due to the fact that they dont exist. Hope this helps. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. NIPs to the Wrong Address - David Barton | Motorist Lawyer The 14-Day Rule for Notices of Intended Prosecution - Loophole or Leeds Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. These offences are usually caught on camera. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Bristol The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. Notice of proposed driving disqualification. The police send a document to the registered keeper of the vehicle. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. V5C to wrong address, now notice of intended prosecution This is to notify them how much they have been fined and if penalty points will be added to their license. This is quite a complicated area of law. These offences are usually caught on camera. If the recipient fails to respond, or if they were to write . Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. 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 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. In some circumstances, you might have a legitimate reason not to pay a fine. The name on the NIP is spelt wrong. But a company cant get penalty points. You have to respond to say who was driving or you might get 6 points and a fine. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Have you got any points already? ICO No: ZB338550. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Hi Michael. Police post rooms should keep a log of suspicious letters. 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. Manchester The police send a notice to the person who has been nominated. Caddick Davies can talk you through the options available to you, based on your individual case. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. The defective NIP maybe a defence to the Speeder though. 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 details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. Magistrates guidelines often mean that they impose more than three points. 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. However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. The matter will be referred to the magistrates . Is it something I should flag to the Met or just reply with the assumption its for me anyway? Our team fact-checks content to ensure accuracy at the time of writing. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. Name Spelt Wrong On Notice Of Intended Prosecution I may be able to dissuade the police from taking the matter further. 0333 443 2366 Mobile friendly number. I am sure that some people do get away with notice of intended prosecution loopholes and scams. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. There are circumstances where you may not have received the NIP within 14 . 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. Patterson Law Limited is a law firm authorised and regulated by the. the speeding ticket. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Wed never recommend ignoring a notice of intended prosecution. Please give me a call if you would like to discuss the case in more detail. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. If you were stopped by the police it may have been given verbally. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. They will need to confirm either that they were driving or confirm the details of who was driving. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. 3. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. What Happens Next After Notice Of Prosecution? - Slater What is a Notice of Intended Prosecution? What does Michael Howard have in common with Christine Hamilton? Cases of perverting the course of justice must be dealt with in the Crown Court. 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. You can find out more by contacting MoneyHelper. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. 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. 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. They advised me on how to appeal and gave me everything I needed to make an airtight defence. Is this charge enforceable? Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. The Notice of Intended Prosecution comes before the actual speeding fine. 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. That is a valid defence which is often successfully argued in court. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. An unsigned document is not valid evidence. The cookie is used to store the user consent for the cookies in the category "Analytics". Ranked in the top 20 law firms by Trustpilot. What can I claim for in a personal injury case? Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. Hi Matthew There is no such thing as rejecting an NIP. Thats when MoneyNerd was born. We are so confused, we dont know what to do. The cookie is used to store the user consent for the cookies in the category "Other. Note, things do change and sometimes we do miss things (were only human! You wont have to pay the fine and you wont have to accept penalty points on your license. 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. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Bradford What action should you take?

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