I have received a NIP for driving at 36 mph in a 30 mph speed limited area on the 26/08/2020 at 16.11 hours. 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Privacy Policy. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The police send a document to the registered keeper of the vehicle. We do this from the outset of your case and throughout its duration. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. The Notice of Intended Prosecution comes before the actual speeding fine. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. 551; see also Rogerson v Edwards above, and Carr v Harrison, The Times, November 18, 1966, the only report on this point, where it was held that the police in approaching the licensing authority in good time had shown reasonable diligence, though the authority had been slow in supplying the information). The Notice of Intended Prosecution arrived after 14 days NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. 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. These records are based upon the address recorded on the registration certificate for the vehicle. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. They can accept this or allow the matter to go to court where the fine can become bigger. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. Leeds I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Patterson Law Limited is a law firm authorised and regulated by the. Huddersfield Your email address will not be published. This satisfies the Notice of Intended Prosecution rules. 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. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. This would not prevent the police from sending the case to court. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Usually the identity of the driver comes out of the process and they are dealt with. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. The company is happy to pay the fine knowing that the drivers licence is saved. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. Hi Michael. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. The problem is,. Whether you agree with the NIP or not, within 28 days you must complete the Section 172 notice declaring who was driving the car at the time of the offence. Hull 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. Hope this helps. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. If the DVLA record has a current address at the issue date of the V5C, I reckon a. 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. Necessary cookies are absolutely essential for the website to function properly. What do I do with the NIP after it has missed the 14 days ? I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. 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. 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. Is there a requirement for warning signs to be in place in and around the location of the speed check? A notice of intended prosecution is issued by the police. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. To see how we use, store and share your contact information you can read our privacy policy. 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. 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 magistrates might decide that there is enough evidence anyway. Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The course lasts for half a day and there are no penalty points. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. This will indicate when DVLA actually updated their records. They make sure that the envelope is sent by registered post. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. They will get six points and a fine all of their own. They might be able to cross-reference the registered post receipt with the dodgy letter. 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. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? The police usually send a reminder when they dont get a response the first notice. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. An unsigned document is not valid evidence. No Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff, 1998 to 2023 Pistonheads Holdco Limited, All Rights Reserved, PistonHeads is a registered trademark of CarGurus Ireland Limited, Pistonheads Holdco Limited, c/o Legalinx Limited, 3rd Floor, 207 Regent St, London W1B 3HH, United Kingdom. Thats when MoneyNerd was born. If that hasnt happened the prosecutor will want to know why. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. The consequences are often costlier and more serious than a speed awareness course or three penalty points. 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. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The notice has to be sent to the registered address on the V5 within 14 days. A section 172 notice will also accompany the NIP. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? 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. 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. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. These cookies track visitors across websites and collect information to provide customized ads. 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. 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. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. First of all, youll need to respond to the section 172 request to identify the driver. What should i do? This cookie is set by GDPR Cookie Consent plugin. If you need to discuss the details, give me a call on 03301116074. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. You need to find out whose mistake it is. The cookie is used to store the user consent for the cookies in the category "Analytics". They claim the DVLA gave them the wrong address, but I dont see how that is my problem. Is there a defence for this? 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. They can prosecute the registered keeper or anyone else who they sent a notice to. The police send a notice to the person who has been nominated. Different bands and the specifics of the incident determine the exact amount youre fined. If you send back the NIP confirming that you were the driver at the time of the alleged offence, the prosecution will then have three options about what to do next: 1. Not completely wrong but typos on both my first and last name. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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.
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