Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. These offences are usually caught on camera. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. Im wondering how best to proceed on what next steps to take? The name on the NIP is spelt wrong. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Stephen. Sometimes the driver/keeper asks the police to send them a photograph. 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. But lying during the process will be a disaster. Thanks, Hi Scott. 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? The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. This is my big list of case law relating to cases of driving with excess alcohol. Loss of opportunity to do a course or accept a fixed penalty. 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. They will get six points and a fine all of their own. We are so confused, we dont know what to do. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Hi Michael. I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. That is not a valid defence and it cant be argued in court. The police have up to six months to issue you with a speeding fine. I am sure that some people do get away with notice of intended prosecution loopholes and scams. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. The police frequently get details of drivers from the national insurance database. They were 80mph, 80mph, 81mph in 70mph zone. Usually the identity of the driver comes out of the process and they are dealt with. th actual place where the camera van was parked parked was on an unlit straight bit of road at 17:45 on a Sunday evening. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. 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 defective NIP maybe a defence to the Speeder though. Offer you a speed awareness course, which will result in no points being endorsed on your licence. 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. If you want to discuss the case, please give me a call on 07984 436464. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. We also use third-party cookies that help us analyze and understand how you use this website. Conviction for perverting the course of justice. It depends! Notice of proposed driving disqualification. Why So Much Free Information Whats The Catch? 3. 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. It can be pretty difficult to persuade magistrates that two notices went missing. 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. The course lasts for half a day and there are no penalty points. This will indicate when DVLA actually updated their records. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. There are three reasons why you might not receive a NIP within 14 days. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. We do this from the outset of your case and throughout its duration. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving There are a few ways that this plot can be foiled. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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 are stopped by the police, a notice of intended prosecution can be given verbally. What can we do please? This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. 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. Police often keep logs of returned mail. Note, things do change and sometimes we do miss things (were only human! I have received a NIP in the post regarding speeding and theyve got my name wrong. The police dont have to offer a fixed penalty. 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. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Membership and partnership organisations home. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. 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. The Notice of Intended Prosecution arrived after 14 days 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. Notice Of Intended Prosecution: What Next? UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. 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 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. Leeds How do I challenge this charge. They have to go to court and lie on oath. This cookie is set by GDPR Cookie Consent plugin. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. 18:28, 18:38, 18:43 time wise. But opting out of some of these cookies may affect your browsing experience. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Click Answer. The vehicle information is correct. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. The police usually send a reminder when they dont get a response the first notice. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). 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. This will almost certainly be after you'd moved. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. There are circumstances where you may not have received the NIP within 14 . 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. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation.