notice of intended prosecution speeding sent to wrong address

Notice of intended prosecution (NIP) informs the registered keeper that the police want to prosecute the driver for an offence. 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. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. About Us Seeherefor details about our law firm. the speeding ticket. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. The police can also prosecute any director, manager, secretary or similar officer personally for failing to provide driver information if their actions amount to consent, connivance or neglect. For many people going to court and asking for the shortest ban possible might be the best idea. What should I do? For more information, please see our 2. What should i do? Whilst it is listed as an option, I feel within my rights to use the option. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. They will need to confirm either that they were driving or confirm the details of who was driving. This is quite a complicated area of law. The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. This will almost certainly be after you'd moved. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. How long after a speeding offence can you be charged? If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. The date on my newly updated V05 document is. Thanks, Hi Scott. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. 03301116074. Sometimes the registered keeper nominates someone else as the driver. This is my big list of case law relating to cases of driving with excess alcohol. 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. The NIP has to be served on the registered keeper within 14 days. Have you got any points already? 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. This cookie is set by GDPR Cookie Consent plugin. To see how we use, store and share your contact information you can read our privacy policy. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 0333 443 2366 Mobile friendly number. Huddersfield a red light); careless driving; If you dont know who was driving your car at the time of an alleged offence, youll need to take advice from a solicitor who specialises in dealing with road traffic offences. That is the job of the keeper who has a legal obligation to tell the police who was driving. What action should you take? However, there are a few situations in which you may not receive a NIP through the post within 14 days. 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. The police send out a notice to a suspected driver. The name on the NIP is spelt wrong. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. Privacy Policy. 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. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. 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. If the registered keeper says that they were driving, the police go on to look at the offence, they might: People dont want points on their driving licence, fines or even driving bans. They make sure that the envelope is sent by registered post. The photograph is a red herring. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Again, remember to take off the day of the alleged offence. They go to extraordinary lengths to avoid justice. We Will Answer Your Motoring Offence Question Free The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. 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? Fees may be payable depending on your final choice of financial product. Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. But lying during the process will be a disaster. Most speeding cases end up with a fixed penalty for three points and 100. What is a Notice of Intended Prosecution? The police have up to six months to issue you with a speeding fine. You need to find out whose mistake it is. The police will write to the false person who is overseas. If the recipient fails to respond, or if they were to write . 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. 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. Sorry to hear about what has happened. Offer you a speed awareness course, which will result in no points being endorsed on your licence, 2. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. A person is charged with failing to provide driver information. I have just received a Notice of Intended Prosecution for speeding. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. For further assistance contact us online or call us on 0330 041 5869. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. 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. Maybe you have decided to go along without a lawyer. Formal Notice of Intended Prosecution I hope that it is obvious. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. What happens if I don't receive a NIP after 14 days? Hope this helps. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. What can I claim for in a personal injury case? 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? What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Notice of intended prosecution sent to wrong address. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. The cookies is used to store the user consent for the cookies in the category "Necessary". What I did notice was that the van was parked the other side of a set of double yellow lines across the gated entrance to a field, surely the camera vehicle was in breach of parking laws regarding double yellow lines regardless of which side it was parked. Do you think I have a valid case to void my impending alleged conviction. If you are not the registered keeper there is no time limit. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. 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. Cookie Notice 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. Stephen. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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. MoneyNerd is not associated with MoneyHelper, we just think theyre great. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. Is there a requirement for warning signs to be in place in and around the location of the speed check? When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. If you want to discuss the case, please give me a call on 07984 436464. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Hi Rich. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. The driver ends up with a fixed penalty for three points or a court case instead. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. However, the most important thing is to stay calm and deal with the situation at hand. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. The question of a conviction appearing on your criminal record is complicated. Leeds Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. IS IT WORTH FIGHTING ON THESE GROUNDS? If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. Quite simple. The request then places a legal obligation on the person to whom it is addressed, be that the registered keeper or the nominated driver, to provide the details of the driver of the vehicle at the time of the alleged offence. When the keeper gets the notice from the police they reply saying that someone else was driving. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. This website uses cookies to improve your experience while you navigate through the website. Stephen. Is the speed alleged on the NIP an average over two or more points or at a single point? I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. As such, you can only bear the consequences of speeding if youre given an immediate verbal notice or the vehicle owner is issued a NIP within 14 days. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. Hi Michael. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. It depends! If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. You may have heard that if you get a speeding ticket through the post. 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. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. 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. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Id like to know what is classed as evidence when a speed camera is involved. 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. 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. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. Different bands and the specifics of the incident determine the exact amount youre fined. Liverpool Cardiff middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a . This one isnt so much as a scam as a mis-understanding of the law. But, this isnt true for all cases. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Most police forces send a reminder when they dont get a reply to the first notice. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence.

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