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What can we do please? Notice of Intended Prosecution | Devon and Cornwall Police This satisfies the Notice of Intended Prosecution rules. Patterson Law Limited is a law firm authorised and regulated by the. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. However, the alleged offence is stated as 06/02/2022. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. You wont have to pay the fine and you wont have to accept penalty points on your license. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. Is the NIP validly issued and/or validly served? 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. 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 do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. so obviously he cant complete the NIP form so what will happen next? As a result we've received it some seven weeks late. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. They make sure that the envelope is sent by registered post. Whilst it is listed as an option, I feel within my rights to use the option. 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? 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. Hope this helps. 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. 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. The police send out a requirement to provide driver information. 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). 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. Receiving a notice of intended prosecution might send you into a panic. What do I do with the NIP after it has missed the 14 days ? You have to respond to say who was driving or you might get 6 points and a fine. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. I.e. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. If you are not the registered keeper there is no time limit. 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. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. 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. I fail to see how i can complete the driver/keepers statement stating that i was the diver and that the statement is true, and allowing for it to be tendered inevidence. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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? That is the job of the keeper who has a legal obligation to tell the police who was driving. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers I have received a Notice of Intended Prosecution what should I do They range from losing the possibility of attending a speed awareness course all the way up to a prison sentence. Not completely wrong but typos on both my first and last name. Hi Michael. When the keeper gets the notice from the police they reply saying that someone else was driving. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. Conviction for failing to provide driver information. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. I have received a NIP in the post regarding speeding and theyve got my name wrong. These offences are usually caught on camera. Speeding charge sent to wrong address . If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. For many people going to court and asking for the shortest ban possible might be the best idea. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Speeding ticket sent to wrong address after 14days | Legal matters Hi Matthew There is no such thing as rejecting an NIP. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. I hope that this information helps. NIP will be sent out to the details held on PNC at the time the search was made. Reddit and its partners use cookies and similar technologies to provide you with a better experience. 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. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. Will a driving conviction appear on my criminal record? 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. 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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. 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. ), You received a verbal warning instead and wont receive a NIP. Sometimes this is called giving your points to someone else. Come back to me if you would like my help with this matter. However I was not in that area at the time. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Why So Much Free Information Whats The Catch? Is the speed alleged on the NIP an average over two or more points or at a single point? 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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. Notice Of Intended Prosecution | A Complete Guide | LGBT Lawyers Plus, a document called a Section 172 notice. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? The driver fills in the details nominating him or herself but doesnt sign the form. Surely this is way too late for them to take any action. They will need to confirm either that they were driving or confirm the details of who was driving. 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. You also have the option to opt-out of these cookies. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Thats when MoneyNerd was born. 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. 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. 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. 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. 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. Fines and costs are always more than 100 at court. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. So Its over 3 year now since last course will i be able to book course, i received nip last week but it states i have about 26 days to pay fine? I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Again, remember to take off the day of the alleged offence. Notice Of Intended Prosecution: What Next? | Caddick Davies Not only is it wrong to break the law it could land you with a prison sentence. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. The NIP has to be served on the registered keeper within 14 days. Membership and partnership organisations home. We do this from the outset of your case and throughout its duration. Conviction for failing to provide driver details. 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. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. If you want to discuss the case, please give me a call on 07984 436464. You need to find out whose mistake it is. 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. Notice Of Intended Prosecution: What Next? Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. Your email address will not be published. Sometimes the registered keeper nominates someone else as the driver. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. You can find out more by contacting MoneyHelper. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. You may have heard that if you get a speeding ticket through the post. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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