03301116074. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. The prosecutor could also put a charge of failing to provide driver details. I was informed that I should notify them to change it so I can register. Firstly I currently have 6 points on my licence. What should I do? Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. But lying during the process will be a disaster. 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 research, conducted by Direct Line Car Insurance, also found that police recorded 1.25 million speeding incidents over a three year period, from 2015-2017. Please give me a call if you would like to discuss the evidence on 0330 111 6074. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Make sure that you get proof of postage and keep a copy of your response. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. You may have heard that if you get a speeding ticket through the post. If you think that you have a legitimate defence get some advice before you make things worse. 3. 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 . In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. Avoiding a ban for drink driving is not easy. 18:28, 18:38, 18:43 time wise. Birmingham I have sent you an email about your case. It is simply to notify that the police may take action. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Why you might not receive a NIP within 14 days. Stephen. Norwich Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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. ICO No: ZB338550. Thats where they get the names from. 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. This website uses cookies to improve your experience while you navigate through the website. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 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. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). These records are based upon the address recorded on the registration certificate for the vehicle. At MoneyNerd, we are passionate about simplifying finance. the speeding ticket. 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 disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The driver ends up with a fixed penalty for three points or a court case instead. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. They can accept this or allow the matter to go to court where the fine can become bigger. 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. If you were speeding take the hit and stop moaning. Notice of intended prosecution loopholes and how they can backfire They claim the DVLA gave them the wrong address, but I dont see how that is my problem. They can refer to the reminder at court. The cookie is used to store the user consent for the cookies in the category "Other. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. 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. Speeding charge sent to wrong address . Is this charge enforceable? Carlisle CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Note, things do change and sometimes we do miss things (were only human! A defective NIP is not a defence to failing to name the driver so you must still provide that information. The company receives the notice from the police requiring the details of the driver. Speeding penalties - GOV.UK Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Loss of opportunity to do a course or accept a fixed penalty. Most police forces send a reminder when they dont get a reply to the first notice. Quite simple. In many circumstances council fines are not enforceable. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. 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. In 2015 I set up Stephen Oldham Solicitors. Your email address will not be published. I WAS DOING 30 MPH IN A 30 LIMIT. 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. These cookies will be stored in your browser only with your consent. 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. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. Their case is at court. 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. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. If that hasnt happened the prosecutor will want to know why. The police send out thousands of notices to drivers suspected of speeding and other offences every year. The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. I have done this and sent the forms back. The vehicle information is correct. I.e. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. 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. 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. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Analytical cookies are used to understand how visitors interact with the website. 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 NIP is usually sent through the post, although it can be given verbally by police if you are stopped. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. How to Properly Deal with a Notice of Intended Prosecution I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. What should i do? You have a legal duty to respond to a section 172 request for driver details, and failure to provide these details within 28 days could result in prosecution for failure to furnish information. Knowing your rights could help you avoid paying a speeding fine. The consequences are often costlier and more serious than a speed awareness course or three penalty points. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Notice of proposed driving disqualification. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Then they write to the registered keeper again for more details. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. I have now received a follow up letter which says a copy of the charge was sent within . UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. That is not a valid defence and it cant be argued in court. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. The defence at court is that there is no evidence of who was driving. Rob Says: It depends! 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. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. Plus, a document called a Section 172 notice. The Notice of Intended Prosecution arrived after 14 days Stephen. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. 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 Speeding Ticket 14-Day Rule | Motoring Offence Lawyers Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. That person may not be insured. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. If you need to discuss the details, give me a call on 03301116074. 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? They can prosecute the registered keeper or anyone else who they sent a notice to. Sometimes the registered keeper nominates someone else as the driver. The police frequently get details of drivers from the national insurance database.
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