However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. 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. However, we have expert road traffic offence solicitors on hand to offer legal advice and talk you through the procedure. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. What can we do please? The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. 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. Privacy Policy. It depends! If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. I received this notice in the post today 15/06/2021! Is there a requirement for warning signs to be in place in and around the location of the speed check? 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. If the details of the driver at the time of the alleged offence are not known, the notice of intended prosecution will contain a section 172 request to provide the drivers details. Saying to the police or the magistrates court: All these have been tried, tested and failed. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. With a recent 3 points accepted and 3 points dropping off in Dec 2019. Police often keep logs of returned mail. We are so confused, we dont know what to do. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. Make sure that you get proof of postage and keep a copy of your response. 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. In the case of more serious offences, the case may be referred to the courts. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! 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? That is the job of the keeper who has a legal obligation to tell the police who was driving. The police send out a requirement to provide driver information. Speeding, Notice of Intended prosecution 4 months late. 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. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. The date on my newly updated V05 document is at least one day before the supposed offence PNC won't be updated immediately a new V5 is issued. 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. I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. Surely this is way too late for them to take any action. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. How do I challenge this charge. 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Avoiding a ban for drink driving is not easy. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Notice of Intended Prosecution | Devon and Cornwall Police For many people the best advice I can give as a motoring solicitor is to attend the course You have decided to plead guilty to speeding and you have a hearing date in the magistrates court. The police send a document to the registered keeper of the vehicle. The issue now is, my girlfriend forgot to send off the slip and 2-3weeks after selling the car, a NIP appears in the post. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Everyone knows that speeding is illegal but according to a recent study, a driver is caught speeding every 75 seconds in the UK, with the average driver going almost 10mph over the limit. The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. However, it does act as a warning that you may be prosecuted for the alleged offence. The police have up to six months to issue you with a speeding fine. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Speeding charge sent to wrong address : r/LegalAdviceUK When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. And they were all within the space of 15 minutes. Notice of intended prosecution sent to wrong address. A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. Hi Paul. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. DVLA give the name and address of the registered keeper to the police. 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. Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. Speeding ticket sent to wrong address after 14days | Legal matters How to Properly Deal with a Notice of Intended Prosecution The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. so obviously he cant complete the NIP form so what will happen next? The NIP 14-day rule is based on calendar days and therefore does include weekends and public holidays. At MoneyNerd, we are passionate about simplifying finance. 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. But, this isnt true for all cases. Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Can I reject a speeding ticket after 14 days? | The Irish Sun 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. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. London The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Hi Matthew There is no such thing as rejecting an NIP. Manchester 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. Apart from getting my surname wrong, do I have a case for rejecting the NIP as being outside the specified 14 days to notify requirement? A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. They might be able to cross-reference the registered post receipt with the dodgy letter. All of the alternatives are worse than simply accepting the original penalty. Receiving a notice of intended prosecution might send you into a panic. This cookie is set by GDPR Cookie Consent plugin. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Bradford MoneyNerd is not associated with MoneyHelper, we just think theyre great. These cookies ensure basic functionalities and security features of the website, anonymously. Newsroom> Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. In this case, you won't have to pay the fine or accept any points on your licence. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. What action should you take? Notice of Intended Prosecution (NIP) - Motor Lawyers Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. the speeding ticket. 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. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Hi Adrian I would try to get it resolved. Notice Of Intended Prosecution: What Next? | Caddick Davies It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. What action should you take? The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. Carlisle Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. This is done by issuing a Notice of Intended Prosecution (NIP). Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts.