Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. 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. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Leeds They fill in the notice with the false details. If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. Newsroom> Is there a requirement for warning signs to be in place in and around the location of the speed check? At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. However, it does act as a warning that you may be prosecuted for the alleged offence. The vehicle information is correct. 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. 2. You could try Michael Lyon Solicitors in Glasgow. The criminal record is not the only thing that you might need to think about. Notice of Intended Prosecution (NIP) - Motor Lawyers If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. You may have heard that if you get a speeding ticket through the post. I also note that the prosecution should start within 6 months. What can we do please? In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. The consequences are often costlier and more serious than a speed awareness course or three penalty points. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. 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. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } This informs you that the police are considering prosecution for an alleged motoring offence. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Notice of Intended Prosecution by Pete / CC BY. Saying to the police or the magistrates court: All these have been tried, tested and failed. 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. The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to 1,000. They can refer to the reminder at court. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. This one isnt so much as a scam as a mis-understanding of the law. There are circumstances where you may not have received the NIP within 14 . DVLA give the name and address of the registered keeper to the police. Their case is at court. 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. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. A section 172 notice will also accompany the NIP. If you want to discuss the case, please give me a call on 07984 436464. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. These records are based upon the address recorded on the registration certificate for the vehicle. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. 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 defence at court is that there is no evidence of who was driving. Formal Notice of Intended Prosecution I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The driver fills in the details nominating him or herself but doesnt sign the form. 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. It is only there to identify the registration of the vehicle, not the driver. Why you might not receive a NIP within 14 days. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 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. Where the police made inquiry of the Motor Licences Department (now the DVLA) in good time but were given wrong information, it was held that they had shown reasonable diligence and their failure to send the notice to the correct person was in those circumstances no bar to conviction (Clarke v Mould [1945] 2 All E.R. 18:28, 18:38, 18:43 time wise. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Thanks! For example, the keeper nominates her husband and the driver on the photograph is a woman. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Speeding fine received after 14 days what does this mean for you? 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. Nottingham within a few minutes of each other, the Court can impose only one set of points for the two or more offences? There might be a photograph from the speed camera showing some detail of the driver. If you think that you have a legitimate defence get some advice before you make things worse. But lying during the process will be a disaster. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). You may have heard that if you get a speeding ticket through the post. There are three reasons why you might not receive a NIP within 14 days. I have received a NIP in the post regarding speeding and theyve got my name wrong. The matter will be referred to the magistrates . The course lasts for half a day and there are no penalty points. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. 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. Usually the identity of the driver comes out of the process and they are dealt with. Wed never recommend ignoring a notice of intended prosecution. 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. Hi Adrian I would try to get it resolved. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. What should i do? Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. How long after a speeding offence can you be charged? A notice of intended prosecution is issued by the police. Is this charge enforceable? Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. All advice gratefully appreciated. 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. Birmingham The police send a document to the registered keeper of the vehicle. We often link to other websites, but we can't be responsible for their content. Quite simple. The 14-Day Rule for Notices of Intended Prosecution - Loophole or Analytical cookies are used to understand how visitors interact with the website. The police will write to the false person who is overseas. Im wondering how best to proceed on what next steps to take? However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Conviction for perverting the course of justice. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. The police are under no obligation to identify the driver. Thats when MoneyNerd was born. The notice of intended prosecution (NIP) was sent to our old company address. 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. But it isnt necessary for the police to provide them at the fixed penalty stage. 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. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. These offences are usually caught on camera. MoneyNerd is not associated with MoneyHelper, we just think theyre great. 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. Name Spelt Wrong On Notice Of Intended Prosecution 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. That person may not be insured. Speeding | Merseyside Police 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. 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. Do you think I have a clear argument for it? 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. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Is it something I should flag to the Met or just reply with the assumption its for me anyway? We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. and our 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. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. I hope that it is obvious. Sometimes the registered keeper nominates someone else as the driver. They will get six points and a fine all of their own. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. What can I claim for in a personal injury case? Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. Can I reject a speeding ticket after 14 days? | The Sun It is simply to notify that the police may take action. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Why So Much Free Information Whats The Catch? We are so confused, we dont know what to do. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. If that hasnt happened the prosecutor will want to know why. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. The NIP must have been received within 14 days since the date of the alleged speeding offence. Regards Rob, Hi Rob. 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. Your email address will not be published. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. The police frequently get details of drivers from the national insurance database. 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 date of the offence was 24/12/2020, and the notice dated 30/12/2020. All information was correct at the time of publication. I WAS DOING 30 MPH IN A 30 LIMIT. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. Membership and partnership organisations home. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. }); 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. The notice may be received several months after the alleged offence took place and still be prosecuted. 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? NIP sent to wrong address - can I appeal? - Honest John 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.