What do I do with the NIP after it has missed the 14 days ? However, it does act as a warning that you may be prosecuted for the alleged offence. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Carlisle If the DVLA record has a current address at the issue date of the V5C, I reckon a. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. There are three reasons why you might not receive a NIP within 14 days. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. It can be pretty difficult to persuade magistrates that two notices went missing. 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. A person is charged with failing to provide driver information. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. A section 172 notice will also accompany the NIP. 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. Liverpool No It states that only the name on the form can fill it it in? These cookies ensure basic functionalities and security features of the website, anonymously. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Necessary cookies are absolutely essential for the website to function properly. Newsroom> The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. I am not saying that anyone should admit to speeding when they didnt do it. Leeds The police are under no obligation to identify the driver. That is the job of the keeper who has a legal obligation to tell the police who was driving. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Conviction for failing to provide driver details. Hi John Thanks for getting in touch. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. As a result we've received it some seven weeks late. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The police dont have to offer a fixed penalty. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. If you think that you have a legitimate defence get some advice before you make things worse. ), You received a verbal warning instead and wont receive a NIP. 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. Huddersfield The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. If you have any information about who was driving your vehicle, wed always advise that you provide as much information as possible to the police, such as the names and addresses of potential drivers. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. 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. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. The keeper must identify the driver unless they are unable to. 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. The Notice of Intended Prosecution comes before the actual speeding fine. Rob Says: It depends! 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. I was informed that I should notify them to change it so I can register. They can accept this or allow the matter to go to court where the fine can become bigger. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. 3. This isnt so much of a notice of intended prosecution loophole or scam as an example of putting forward an invalid defence at court. I have sent you an email about your case. They accept that they were driving and go on a course or accept a fixed penalty. 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. The police send out a notice to a suspected driver. The police have up to six months to issue you with a speeding fine. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. Yes. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. You may have heard that if you get a speeding ticket through the post. Is the NIP validly issued and/or validly served? 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. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. Based in England. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. They dont receive a reply due to the fact that they dont exist. Saying to the police or the magistrates court: All these have been tried, tested and failed. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. However, there are some exceptions. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. Stephen. Its easy to panic if you receive a notice of intended prosecution. For many people going to court and asking for the shortest ban possible might be the best idea. You wont have to pay the fine and you wont have to accept penalty points on your license. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? All information was correct at the time of publication. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). if (window.fbq) { window.fbq('track', 'Lead'); } We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. Causing Death by Uninsured, Unlicensed or Disqualified Driver, Causing Serious Injury by Dangerous Driving, Driving whilst Unfit Through Drink or Drugs, Driving with Drugs Over the Prescribed Limit, In Charge of a Motor Vehicle with Excess Alcohol, permitting someone else to drive without insurance, Using a mobile phone whilst driving: the law needs changing, Notice of proposed driving disqualification. However, there are a few situations in which you may not receive a NIP through the post within 14 days. Nottingham We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The police didnt serve the NIP in time. 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. You can find out more by contacting MoneyHelper. 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. 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 . All advice gratefully appreciated. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). In this case, you won't have to pay the fine or accept any points on your licence. Speeding charge sent to wrong address . The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. 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. What is a Notice of Intended Prosecution? It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. This cookie is set by GDPR Cookie Consent plugin. Hi Mark Give me a call if you want some advice about this question. Stephen, Hi Stephen I have received an NIP. These cookies will be stored in your browser only with your consent. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. When a driver has been going just over the speed limit the police offer them a speed awareness course. I have now received a follow up letter which says a copy of the charge was sent within . I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). The NIP must have been received within 14 days since the date of the alleged speeding offence. Birmingham All of the alternatives are worse than simply accepting the original penalty. 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. But, this isnt true for all cases. They then dont accept a fixed penalty or a course and take the case to court. 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. They make sure that the envelope is sent by registered post. I WAS DOING 30 MPH IN A 30 LIMIT. NIP will be sent out to the details held on PNC at the time the search was made. Note, things do change and sometimes we do miss things (were only human! I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. There are circumstances where you may not have received the NIP within 14 . If youve received a notice of intended prosecution, you may be concerned about the potential implications. Thanks! There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Police post rooms should keep a log of suspicious letters. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 18:28, 18:38, 18:43 time wise. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. I also note that the prosecution should start within 6 months. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. and our It is simply to notify that the police may take action. We do this from the outset of your case and throughout its duration. The police frequently get details of drivers from the national insurance database. 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. the speeding ticket. But a company cant get penalty points. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. If the police have sent you a speeding fine what should you do? Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. DVLA give the name and address of the registered keeper to the police. What action should you take? 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. ICO No: ZB338550. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. I have just received a Notice of Intended Prosecution for speeding. Regards Rob, Hi Rob. The company simply ignores the notice. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. Avoiding a ban for drink driving is not easy. 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. Sometimes the police give a link to a photograph from the speed camera online. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. Analytical cookies are used to understand how visitors interact with the website. The notice has to be sent to the registered address on the V5 within 14 days. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. That is not a valid defence and it cant be argued in court. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. In 2015 I set up Stephen Oldham Solicitors. I may be able to dissuade the police from taking the matter further. Written confirmation is being sent to you in order to confirm that no further action will be taken. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Police often keep logs of returned mail. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. 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 defective NIP maybe a defence to the Speeder though. The most common punishment is to receive a speeding fine, with more than two million UK motorists receiving them each year. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. 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. 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. 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. 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. Please give me a call if you would like to discuss the case in more detail. Conviction for failing to identify the driver. How long after a speeding offence can you be charged? I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Then they write to the registered keeper again for more 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Cases of perverting the course of justice must be dealt with in the Crown Court. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph.