notice of intended prosecution speeding sent to wrong address
I have received a NIP in the post regarding speeding and theyve got my name wrong. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. 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? These records are based upon the address recorded on the registration certificate for the vehicle. The police will write to the false person who is overseas. The keeper must identify the driver unless they are unable to. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. The email has been rejected due a process change and says I have to return by post. Most speeding cases end up with a fixed penalty for three points and 100. Liverpool The police frequently get details of drivers from the national insurance database. Sometimes this is called giving your points to someone else. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Nottingham Please give me a call if you would like to discuss the evidence on 0330 111 6074. Conviction for failing to identify the driver. However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. Come back to me if you would like my help with this matter. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Knowing your rights could help you avoid paying a speeding fine. The Notice of Intended Prosecution arrived after 14 days If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. Conviction for failing to provide driver information. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Notice of intended prosecution sent to wrong address. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. Stephen, Hi Stephen I have received an NIP. Patterson Law Limited is a law firm authorised and regulated by the. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. Saying to the police or the magistrates court: All these have been tried, tested and failed. Firstly I currently have 6 points on my licence. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Rob Says: It depends! Usually the identity of the driver comes out of the process and they are dealt with. If the notice didnt get delivered, then the post office often returns to sender. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. 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. For example, the keeper nominates her husband and the driver on the photograph is a woman. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. Plus, a document called a Section 172 notice. Have you got any points already? If the car has been deliberately registered at the wrong address, there may not be any insurance in place and there could also be possible fraud charges due to a false registered address. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. 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. The NIP must have been received within 14 days since the date of the alleged speeding offence. A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. Caddick Davies can talk you through the options available to you, based on your individual case. But a company cant get penalty points. Privacy Policy. }); 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. This is done by issuing a Notice of Intended Prosecution (NIP). I hope that this information helps. About Us Seeherefor details about our law firm. All information was correct at the time of publication. The company simply ignores the notice. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. What does Michael Howard have in common with Christine Hamilton? Notice of Intended Prosecution by Pete / CC BY. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. The vehicle information is correct. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. If that hasnt happened the prosecutor will want to know why. 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. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. These cookies ensure basic functionalities and security features of the website, anonymously. and our 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. When should a Fixed Penalty Notice be received? 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. 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. It is only there to identify the registration of the vehicle, not the driver. The matter will be referred to the magistrates . Sometimes the police give a link to a photograph from the speed camera online. You may have heard that if you get a speeding ticket through the post. 3. Formal Notice of Intended Prosecution Stephen. They then dont accept a fixed penalty or a course and take the case to court. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. What action should you take? For many people going to court and asking for the shortest ban possible might be the best idea. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. This cookie is set by GDPR Cookie Consent plugin. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. Admitting to driving the vehicle at the time of the alleged offence does not mean that you are admitting to committing the offence, simply that you were driving the vehicle. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. 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 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. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. You have to respond to say who was driving or you might get 6 points and a fine. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. 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. 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. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? Please give me a call if you would like to discuss the case in more detail. For more information, please see our I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Bristol 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? This one isnt so much as a scam as a mis-understanding of the law. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 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. Can I just leave this to go away? How long after a speeding offence can you be charged? The police send out a requirement to provide driver information. It states that only the name on the form can fill it it in? But what happens if you have been given a Notice of Intended Prosecution- a notice from the police to say you have committed a motoring offence- that you think is unfair and want to contest? Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. These offences are usually caught on camera. Its easy to panic if you receive a notice of intended prosecution. Required fields are marked *. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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. An unsigned document is not valid evidence. 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. When a driver has been going just over the speed limit the police offer them a speed awareness course. Speeding, Notice of Intended prosecution 4 months late. 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. 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. The police send a document to the registered keeper of the vehicle. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. Click Answer. 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30.