Avoiding a ban for drink driving is not easy. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Not only is it wrong to break the law it could land you with a prison sentence. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. Slater and Gordon 2023. These offences are usually caught on camera. 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. Hi Matthew There is no such thing as rejecting an NIP. Birmingham 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. The Notice of Intended Prosecution comes before the actual speeding fine. 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. Sorry to hear about what has happened. The photograph is a red herring. This notice is issued by the police soon after the alleged offence has been committed. 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. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. I hope that this information helps. Note, things do change and sometimes we do miss things (were only human! Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. 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 paragraph should be read in conjunction with 2.202 in cases of accidents. 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. Make sure that you get proof of postage and keep a copy of your response. I am now in the 28 days reply period. The company is happy to pay the fine knowing that the drivers licence is saved. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. You also have the option to opt-out of these cookies. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. 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. What should i do? 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. 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. In many circumstances council fines are not enforceable. 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. Firstly I currently have 6 points on my licence. 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. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. However I was not in that area at the time. If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. 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. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". Hi Michael. Maybe you have decided to go along without a lawyer. }); 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. However, there are some exceptions. ), so its important that you read the terms of any products that youre considering before you apply. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. What action should you take? Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. Their case is at court. 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. 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. The police didnt serve the NIP in time. What action should you take? Click Answer. 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. The police send a document to the registered keeper of the vehicle. The police usually send a reminder when they dont get a response the first notice. 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. 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. Fines and costs are always more than 100 at court. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Can I just leave this to go away? 0333 443 2366 Mobile friendly number. That is the job of the keeper who has a legal obligation to tell the police who was driving. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. It depends! We are so confused, we dont know what to do. Newcastle They dont receive a reply due to the fact that they dont exist. Conviction for failing to provide driver information. 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. 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 NIP has to be served on the registered keeper within 14 days. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. When should a Fixed Penalty Notice be received? 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. Notice of proposed driving disqualification. Thats where they get the names from. 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. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! Regards Matthew. You need to find out whose mistake it is. They were 80mph, 80mph, 81mph in 70mph zone. 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. Ranked in the top 20 law firms by Trustpilot. Stephen. 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? They will get six points and a fine all of their own. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. If youve received a notice of intended prosecution, you may be concerned about the potential implications. 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. 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 cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Why you might not receive a NIP within 14 days. 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. All information was correct at the time of publication. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. How long after a speeding offence can you be charged? I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. The notice has to be sent to the registered address on the V5 within 14 days. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. 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. At MoneyNerd, we are passionate about simplifying finance. The cookie is used to store the user consent for the cookies in the category "Analytics". If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. 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. With a recent 3 points accepted and 3 points dropping off in Dec 2019. 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). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The email has been rejected due a process change and says I have to return by 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. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. You could try Michael Lyon Solicitors in Glasgow.