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This is done by issuing a Notice of Intended Prosecution (NIP). You could try Michael Lyon Solicitors in Glasgow. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Sorry to hear about what has happened. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. 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. Your email address will not be published. You have a legal obligation to respond to a NIP which is addressed to you. Police often keep logs of returned mail. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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. The exact amount your fined will be determined by how much you were over the speed limit and your weekly income. All of the alternatives are worse than simply accepting the original penalty. Notice of proposed driving disqualification. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. Hi Matthew There is no such thing as rejecting an NIP. Reddit and its partners use cookies and similar technologies to provide you with a better experience. They make sure that the envelope is sent by registered post. 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. 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. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. 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. Avoiding a ban for drink driving is not easy. When a driver has been going just over the speed limit the police offer them a speed awareness course. In extreme cases conviction for perverting the course of justice. 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. 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. Please give me a call if you would like to discuss the case in more detail. 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. 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. 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. This is my big list of case law relating to cases of driving with excess alcohol. Name Spelt Wrong On Notice Of Intended Prosecution I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). The company is happy to pay the fine knowing that the drivers licence is saved. This cookie is set by GDPR Cookie Consent plugin. I have done this and sent the forms back. 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. NIPs to the Wrong Address - David Barton | Motorist Lawyer What Happens Next After Notice Of Prosecution? - Slater Maybe you have decided to go along without a lawyer. These cookies track visitors across websites and collect information to provide customized ads. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. 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. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. You can find out more by contacting MoneyHelper. Conviction for perverting the course of justice. An unsigned document is not valid evidence. But opting out of some of these cookies may affect your browsing experience. The defence at court is that there is no evidence of who was driving. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. We Can Help. You wont have to pay the fine and you wont have to accept penalty points on your license. In this case, you won't have to pay the fine or accept any points on your licence. 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. Secondly, if they do not accept that then I will obviously go beyond the 12 points and will then assume I have to fight exceptional hardship for not having my licence ban? A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. ), so its important that you read the terms of any products that youre considering before you apply. The cookie is used to store the user consent for the cookies in the category "Other. 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). However I was not in that area at the time. Thanks! You also have the option to opt-out of these cookies. Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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. 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The police send out a requirement to provide driver information. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. By clicking Accept, you consent to the use of ALL the cookies. Quite simple. These cookies will be stored in your browser only with your consent. Speeding fine received after 14 days what does this mean for you? By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Slater and Gordon 2023. 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. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Notice of intended prosecution loopholes and scams just dont work so dont try them. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. Not completely wrong but typos on both my first and last name. This satisfies the Notice of Intended Prosecution rules. Editor, Marcus Herbert. There are three reasons why you might not receive a NIP within 14 days. Surely this is way too late for them to take any action. The police will write to the false person who is overseas. We do this from the outset of your case and throughout its duration. 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. The problem is,. 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. Yes. 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. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Offer you a speed awareness course, which will result in no points being endorsed on your licence. Click Answer. We are so confused, we dont know what to do. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. They might be able to cross-reference the registered post receipt with the dodgy letter. V5C to wrong address, now notice of intended prosecution Please give me a call if you would like to discuss the evidence on 0330 111 6074. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. Newcastle If you are not the registered keeper there is no time limit. 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. 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. This cookie is set by GDPR Cookie Consent plugin. This would not prevent the police from sending the case to court. Nottingham 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. Its easy to panic if you receive a notice of intended prosecution. As per the Road Traffic Offenders Act (1998) Section One, the NIP must be sent so its expected to arrive by the 14th day after the alleged speeding offence. What does Michael Howard have in common with Christine Hamilton? 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. What can we do please? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. For example, the keeper nominates her husband and the driver on the photograph is a woman. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Hi Michael. Notice of Intended Prosecution. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. Why So Much Free Information Whats The Catch? The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). DVLA give the name and address of the registered keeper to the police. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. and our An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Is the speed alleged on the NIP an average over two or more points or at a single point? Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. 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.