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They go to extraordinary lengths to avoid justice. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Different bands and the specifics of the incident determine the exact amount youre fined. Their case is at court. 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. Privacy Policy. They can refer to the reminder at court. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The police send a document to the registered keeper of the vehicle. You probably are give me a call if you would like to discuss in more detail. If you were speeding take the hit and stop moaning. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The police will write to the false person who is overseas. This is done by issuing a Notice of Intended Prosecution (NIP). The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. 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 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. Written confirmation is being sent to you in order to confirm that no further action will be taken. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Sometimes this is called giving your points to someone else. 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. Police often keep logs of returned mail. 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. 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. Speeding ticket confusion I bought a second hand car last week and today (seven days later) I was driving (all legal - taxed, MoT'd and insured) and unfortunately got flashed by a camera. This cookie is set by GDPR Cookie Consent plugin. What action should you take? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. 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 Adrian I would try to get it resolved. I have received a NIP in the post regarding speeding and theyve got my name wrong. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. London Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. What can I claim for in a personal injury case? The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. You wont have to pay the fine and you wont have to accept penalty points on your license. Based in England. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } However, it does act as a warning that you may be prosecuted for the alleged offence. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Then they write to the registered keeper again for more details. Have you got any points already? UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. It is a different type of firm enabled by technology and by new ways of working in the justice system. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Is there a requirement for warning signs to be in place in and around the location of the speed check? What should i do? Thanks, Hi Scott. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. This will almost certainly be after you'd moved. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. These offences are usually caught on camera. 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. 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). That is not a valid defence and it cant be argued in court. 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. Hi Rich. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). 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. By clicking Accept, you consent to the use of ALL the cookies. Stephen. People dont want points on their driving licence, fines or even driving bans. When you receive a notice, it does not mean the prosecution will necessarily happen. I am now in the 28 days reply period. 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". }); 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. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). 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. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). I hope that it is obvious. When should a Fixed Penalty Notice be received? Our team fact-checks content to ensure accuracy at the time of writing. About Us Seeherefor details about our law firm. The Notice of Intended Prosecution arrived after 14 days Stephen. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. They make sure that the envelope is sent by registered post. Stephen. 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. Your email address will not be published. Why you might not receive a NIP within 14 days. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. This notice is issued by the police soon after the alleged offence has been committed. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. However I was not in that area at the time. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. Sorry to hear about what has happened. Editor, Marcus Herbert. 0333 443 2366 Mobile friendly number. The course lasts for half a day and there are no penalty points. If so, how many? 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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. The question of a conviction appearing on your criminal record is complicated. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. 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. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Hi Bryony Thanks for getting in touch. The told me exactly how to appeal and win. 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. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE.