notice of intended prosecution speeding sent to wrong address notice of intended prosecution speeding sent to wrong address

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 . The company is happy to pay the fine knowing that the drivers licence is saved. 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. 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. The date on my newly updated V05 document is. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. 03301116074. 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. However I was not in that area at the time. 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. 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. The email has been rejected due a process change and says I have to return by post. Does this make any difference? However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Hi Michael. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. They will need to confirm either that they were driving or confirm the details of who was driving. Notice of Intended Prosecution. The vehicle information is correct. 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. 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. They dont receive a reply due to the fact that they dont exist. 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. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? Sometimes the registered keeper nominates someone else as the driver. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Stephen, Hi Stephen I have received an NIP. Bristol 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. 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. If you are not the registered keeper there is no time limit. 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 keeper must identify the driver unless they are unable to. The police frequently get details of drivers from the national insurance database. so obviously he cant complete the NIP form so what will happen next? I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. Their evidence will be tested at trial. Please give me a call if you would like to discuss the case in more detail. 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. 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. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. , High Court clarifies the law in 2019 on using a mobile phone whilst driving. The police will write to the false person who is overseas. Your email address will not be published. The problem is,. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. The police didnt serve the NIP in time. The defence at court is that there is no evidence of who was driving. Newcastle Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Cases of perverting the course of justice must be dealt with in the Crown Court. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. The driver ends up with a fixed penalty for three points or a court case instead. 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. Whilst it is listed as an option, I feel within my rights to use the option. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. These records are based upon the address recorded on the registration certificate for the vehicle. We Will Answer Your Motoring Offence Question Free 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. What action should you take? 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. You could try Michael Lyon Solicitors in Glasgow. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. The registered keeper was driving when they set off a speed camera. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. if (window.fbq) { window.fbq('track', 'Lead'); } There are circumstances where you may not have received the NIP within 14 . All information was correct at the time of publication. If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. The told me exactly how to appeal and win. What should i do? 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. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Do you think I have a clear argument for it? The magistrates might decide that there is enough evidence anyway. The police send out thousands of notices to drivers suspected of speeding and other offences every year. 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. In some circumstances, you might have a legitimate reason not to pay a fine. 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. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. 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. You arent the registered vehicle keeper. Click Answer. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. This satisfies the Notice of Intended Prosecution rules. Do you think I have a valid case to void my impending alleged conviction. Editor, Marcus Herbert. 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. Chelmsford There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Hi Bryony Thanks for getting in touch. The Notice of Intended Prosecution arrived after 14 days a red light); careless driving; However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. Stephen. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. 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. Stephen. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. For more information, please see our The NIP must have been received within 14 days since the date of the alleged speeding offence. The police are under no obligation to identify the driver. Evidence will be required before a driver can be prosecuted for speeding. And they were all within the space of 15 minutes. Written confirmation is being sent to you in order to confirm that no further action will be taken. The question of a conviction appearing on your criminal record is complicated. document.addEventListener('wpcf7mailsent', function (event) { A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. The police send out a notice to a suspected driver. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. 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. It can be pretty difficult to persuade magistrates that two notices went missing. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. I have received an NIP for my farther who has sadly passed away. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. For example, if the registered address is wrong or associated with a hire company, it may take longer than 14 days for the ticket to reach you. This will indicate when DVLA actually updated their records. Again, remember to take off the day of the alleged offence. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. The police send out a requirement to provide driver information. What is a Notice of Intended Prosecution? Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. MoneyNerd is not associated with MoneyHelper, we just think theyre great. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. 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. Bradford Sorry to hear about what has happened. What action should you take? To see how we use, store and share your contact information you can read our privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Not only is it wrong to break the law it could land you with a prison sentence. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. Notice of intended prosecution sent to wrong address. Trademark No: UK00003340161. The fact that the photograph is unclear is irrelevant. If you were stopped by the police it may have been given verbally. What should I do? Thanks! Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Stephen. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! The matter will be referred to the magistrates . Offer you a speed awareness course, which will result in no points being endorsed on your licence. Cardiff The police send a document to the registered keeper of the vehicle. Have you got any points already? When you receive a notice, it does not mean the prosecution will necessarily happen. I have just received a Notice of Intended Prosecution for speeding. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. 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. Receiving a notice of intended prosecution might send you into a panic. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. 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 is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. When a driver has been going just over the speed limit the police offer them a speed awareness course. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. There are three reasons why you might not receive a NIP within 14 days. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed.