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Am I disqualified from driving if I receive a Notice of Intended Prosecution? We always advise that you should do everything you can to identify the driver and provide all the information to the police that you have (including names and addresses of potential drivers). Actions Follow 1 follower The request was refused by Metropolitan Police Service (MPS) . So, for example, someone is seen by civilians driving in an allegedly dangerous manner. Yes, subject to certain exceptions. So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. The NIP is simply what the name suggests. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. You will be regarded as not having complied with a NIP if you: The NIP should give sufficiently clear information to: The enquiries you should make of yourself & others include: Causing Death or Serious Injury By Dangerous Driving. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. This could have major repercussions for you. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. It is settled, therefore, that being charged with careless driving at the time of the incident will also fulfil the purpose of a section 1 warning. If it was the other way around, however, you could only be convicted of careless driving. WebThe purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. This satisfies the Notice of Intended Prosecution rules. I have a speeding ticket purportedly from the Met, but It should also be noted that a section 1 warning does not require a particular form of words. The police normally serve the initial NIP and requirement for identity of the driver on a limited company if it is the registered keeper of the vehicle. WebNotice of Intended Prosecution Help. It is important to remember, however, that this time limit ONLY applies to the registered keeper who may or may not be the driver. A Guide to a Notice of Intended Prosecution - Motoring Notice of intended prosecution WebWhere the police are required to serve a Notice of Intended Prosecution (NIP), the prosecution only needs to prove that they posted it so that you should receive it within 14 days. Contact us if you think it should be reopened. There is no legal obligation to respond to a Notice of Intended Prosecution. If the police only charged you with speeding and only warned you that you may be prosecuted for speeding then you cannot be convicted of dangerous driving. Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. I was warned for dangerous driving but am being prosecuted for careless driving, I have received a NIP but the offence was more than 14 days ago, I have received a Notice of Intended Prosecution but know for a fact that my car was off the road. It is for the accused to prove that he did not receive a warning (or the correct warning). This is made clear in, Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. WebIf you have any comments or complaints about enforcement please use the 101 non-emergency form and put for the attention of the Speed Detection Road Safety Team Leader. I arrived home from work to a letter from the Metropolitan Police with a "NOTICE OF INTENDED PROSECUTION" Stating that "Under section 1 of the Road Traffic Offenders Act 1988, we intend to take proceedings against the driver of the following motor vehicle for the offence alleged below: This stems from the fact that a Notice of Intended Prosecution is sent under. Their phone lines are closed and I can't speak to anyone via 101. Does it matter that my is spelled incorrectly? the offence of Speeding in Scotland) often cause a high degree of alarm. The first notice must be sent to the registered keeper of the vehicle Notice of Intended Prosecution Contained within the same letter is a requirement to identify the driver. These rules apply irrespective of the alleged offence. PROOF BEYOND A REASONABLE DOUBT. However, if there was a number of possible drivers you should include in response the names, addresses and dates of birth of them all, explaining why you are not sure who the driver was. It is settled, therefore, that being charged with dangerous driving at the time of the incident will also fulfil the purpose of a section 1 warning. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic We have the highest satisfaction rating of any road traffic firm in the UK. The police must serve the notice on either the driver or the registered keeper. In criminal cases, the burden is usually on the prosecution to satisfy the court of a fact beyond reasonable doubt or to put it another way, so that the court is sure. This process is designed to ensure that the driver is not unfairly prejudiced in the event the matter progresses to Court. Cloning happens when someone uses the same number plate that is registered to your car to avoid paying fines, road tax, insurance or engage in criminal activity. Met A Notice of Intended Prosecution is exactly what it says - a warning that the driver of the vehicle is being considered for prosecution. A Director or, possibly a Fleet Manager should complete & return the NIP identifying the driver making it clear that they have authority to do so. WebNotice 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. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence Have Been Caught Speeding, What Happens Now It is another matter, however, if your name is completely incorrect. If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. Notice of Intended Prosecution THE RULE IN PRACTICE. The validity of a complaint depends upon a number of factors. However a warning for careless driving will not suffice in respect of dangerous driving as the latter is a more serious charge than the former. In the vast majority of cases, such a prosecution will not happen. Please note that this includes being given a verbal Notice of Intended Prosecution by a Police Officer on being stopped at the time of the alleged offence. This occurred early last week at approx 3.00am on the Monday morning! Accident is not defined in the legislation but High Court rulings have made clear there dies not necessarily. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. It can only be issued at the time of the offence. Research shows that this is one of the fastest growing types of motor-related crime. You may have to go to On the other hand, if you are warned for dangerous driving, this will suffice. can you identify by reference to any diary where each person was at the relevant time; check mobile phones for the day in question (and earlier) to see if there are text messages, calls etc that may shed light on the whereabouts of any potential driver; check visa & credit cards to see if any of the potential drivers spent money on the route in question on the relevant date. The messages are certainly of interest to the public and, given the insights they provide into how government (and the media) dealt with the pandemic Can I see photographic evidence relating to the offence? When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face All persons are If, however, you are the registered keeper and you receive a written Section 1 warning after 14 days have elapsed then the prosecution against you may be fatally flawed. I have got a fixed penalty notice. What is a Notice of Intended Prosecution? - Notice of From feedback we have received, our clients are not always sure if they have been issued with such a warning. This depends. WebYour legal obligation concerning the offence remains unchanged and you must ensure that you respond to the Notice of Intended Prosecution / Requirement for Driver details as outlined on the Notice and explained under Information Process in the navigation Menu. Notice of Intended Prosecution A Guide - Roadtrafficlaw Apart from the available photographic evidence which may immediately show that you could not have been the driver, Police have recently started using mobile phone masts to establish the location of an individuals phone when the alleged offence was committed. It is also common for the police to charge you with one offence and warn you that you may be prosecuted for another. This is done by issuing a Notice of Intended Prosecution (NIP). Its dated 16th January and the alleged offence was on the 14th January. Failure to provide such information constitutes a separate offence. We use cookies to help improve your experience and our services. The civilians report the matter to the police who visit the accused 10 days later. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. The civilians report the matter to the police who visit the accused 10 days later. A. Sharing dashcam footage Check that the notice contains your correct name, address and date of birth; 2. This could be money spent on petrol, refreshments etc. It should also be noted that the burden of proof lies with the accused. The law provides that a warning for the lesser counts as a warning for the greater. Notice of Intended Prosecution A written Notice of Intended Prosecution will usually be issued in one of two circumstances. 2023 Notice of Intended Prosecution.org, Schedule 1 of the Road Traffic (Offenders) Act 1988, Careless Driving (Road Traffic Act 1988, section 3), Dangerous Driving (Road Traffic Act 1988, section 2), Speeding (various sections of the Road Traffic Regulation Act 1984), Failing to comply with traffic signs (Road Traffic Act 1988, section 36), Drink Driving (Road Traffic Act 1988, section 5), Failure to Provide a Sample (Road Traffic Act 1988, section 7), Causing death by dangerous or careless driving (Road Traffic Act 1988, sections 1 and 2B), Using a vehicle in a dangerous condition (Road Traffic Act 1988, section 40A), Driving while using a mobile phone (Road Traffic Act 1988, section 41D). Single justice procedure notice: speeding or For example, if there is no record of the registered keeper on the DVLA database it may not be possible for the police to send the letter out in time, Fixed penalty offer of 3 points and 100.00 fine, Court proceedings by way of Single Justice Procedure (SJPN) or postal requisition. Speeding tickets Given that it is deemed served 2 days after it was posted (using first class post), this means that a NIP posted on July 1st will be deemed served on July 3rd & must be complied with by July 31st. NIP Checker - Is Your Notice Of Intended Prosecution Valid? The two issues, although contained in the same letter and relating to the same incident, are quite separate. (4) Schedule 1 to this Act shows the offences to which this section applies. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention ofsection 2orsection 3of the Road Traffic Act 1988. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. This is perfectly competent but it can also create confusion. If there is also a requirement to identify the driver you still need to respond to this. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. This is usually determined by whether you have been stopped by the police or not. Accident is not defined in the legislation but High Court rulings have made clear there does not necessarily need to be a collision or damage. speeding). Does the Crown need to prove they sent a Notice of Intended Prosecution? The Notice is simply what the name suggests. WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. If, for example, the police charge you with dangerous driving, the charge also constitutes the Section 1 warning. That person should have the V5C document for the vehicle. It is for the accused to prove that he did not receive a warning (or the correct warning). However in certain circumstances the Crown may be precluded from obtaining a conviction. It is for the defence to prove that the section has not been complied with. There may be a further delay before you receive them. The emails claim that GMP are notifying you about a Notice of Intended Prosecution (NIP) and have photographic evidence that you failed to adhere to the speed limit at specific date, time and location. I got back last night and only saw the letter today. Notice of Intended Prosecution You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If you are not the registered keeper, this may be why you have received the Notice outwith the 14 days. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. As you are liable for a 6-month driving ban under what is known as the totting up procedure when you reach 12 or more points, you do not want to get 6 points if you can avoid doing so. They are that you: You should also plead not guilty if you returned a validly completed NIP within the prescribed time period but, the Police say your reply was not received. Your Enquiry Details: (required) These forms are provided for the It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. Make a note of when and where you posted it; 7. That is probably when the worry sets in. If you were stopped by the police it may have been given verbally. I suspect it is a scam. When is a Notice of Intended Prosecution deemed Served? In order to identify the driver committing the offence, police must also usually serve a Notice of Intended Prosecution to the registered keeper of the vehicle concerned within 14 days of the offence. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). The notice is designed only for you to confirm that you were the driver or, for you to identify one other person as being the driver. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. Eg, if the NIP was sent to warn of prosecution for speeding, but the requirements were not met, there can be no speeding conviction. Asked Questions Yes. Do I have to surrender both parts of my licence? The police normally send the notice to the registered address of the vehicle according to DVLA records. Operation Snap It is a warning that you may be prosecuted for a certain offence or offences. Requirement of warning etc. The purpose of the NIP is to ensure that sufficient notice is given to the registered keeper or the driver of the vehicle that they could be prosecuted whilst events are still fresh in their mind. If this happens to you, the first you will often know is when you receive written notification that a car with your registration plate has committed a driving offence, not paid parking charges, etc. Common offences that require an NIP on the References are provided for informational purposes only and do not constitute endorsements of any websites or other sources. Rule 165a - Dismissal for Want of Prosecution, Tex. R. Civ. P. 165a This is the name of the police force prosecuting you. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. In those circumstances there is no need for a warning. The information is intended to provide a basis for understanding the legislation. The time limit for an oral warning is strict. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Some detailed information in respect of certain offences is contained in our learn more boxes below. The police sometimes do not always use the words speeding or careless driving or dangerous driving. The information provided on this website is true and accurate to the best of our knowledge and belief. The Speeding Ticket 14-Day Rule The main exception is if there is an accident. If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning. While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. It should also be noted that the burden of proof lies with the accused. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. An international one stop spoofing shop has been taken down in the UKs biggest ever fraud operation, led by the Metropolitan Police. In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. Here's a list of what you need to do: 1. This is usually determined by whether you have been stopped by the police or not. It is all we do every day nothing else making us a leader in our field. NIP (notice of intended prosecution) and If you are a probationary driver & get 6 points for this offence your licence will be revoked. Metropolitan Police Notice of Intended Prosecution (NIP) Time Limits While a degree of latitude will be allowed, however, the evolution of the law makes clear that such warnings must be issued soon after the alleged offence 24 hours later, for example, will be too late. Vasilica This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. A case may be dismissed for want of prosecution on If it is not or, if DVLA mistakenly provides the wrong address to the Police, this does not give you a defence to a charge of not complying with a NIP. A written Notice of Intended Prosecution will usually be issued in one of two circumstances. If you are being asked to name the driver, you should provide the details of the person you believe was driving. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. If you see errors that relate to your name, address or date of birth, you should correct them. It can only be issued at the time of the offence. If you cannot identify the driver, then you need to return the NIP with a covering letter either stating that: Make sure you send this response within the prescribed time limit & keep a copy of what you send. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. See our independent TrustPilot reviews. If convicted, the company can only face a financial penalty. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988.