Another case says that an unsigned form does not amount to a reply. 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. Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. 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. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. 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. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. What do I do with the NIP after it has missed the 14 days ? Again, remember to take off the day of the alleged offence. I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. 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. 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. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Surely this is way too late for them to take any action. There are circumstances where you may not have received the NIP within 14 . But it isnt necessary for the police to provide them at the fixed penalty stage. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. 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. Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. Whereas someone doing between 11mph and 20mph over the speed limit will be in Band B and fined between 75% and 125% of their weekly income (plus 4-6 penalty points or a short driving ban). This satisfies the Notice of Intended Prosecution rules. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. Huddersfield The NIP must have been received within 14 days since the date of the alleged speeding offence. Conviction for failing to identify the driver. 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). Hi John Thanks for getting in touch. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. Is there a requirement for warning signs to be in place in and around the location of the speed check? Id like to know what is classed as evidence when a speed camera is involved. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Different bands and the specifics of the incident determine the exact amount youre fined. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. Name Spelt Wrong On Notice Of Intended Prosecution They tell the magistrates that they did not get the notice in the post, so they could not reply. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Speeding charge sent to wrong address : r/LegalAdviceUK The police send out thousands of notices to drivers suspected of speeding and other offences every year. This is quite a complicated area of law. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. This is merely a peice of paper informing you of the possibility of proceedings so that you are aware and can recall and taken any action necessary. Most police forces send a reminder when they dont get a reply to the first notice. These cookies will be stored in your browser only with your consent. You arent the registered vehicle keeper. For more information, please see our The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. Formal Notice of Intended Prosecution In this case, you won't have to pay the fine or accept any points on your licence. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Notice of intended prosecution sent to wrong address - Page 1 - Speed MoneyNerd Limited is a free to use service, however we may receive a commission, at no cost to you, if you complete a loan, enter into a mortgage, remortgage or equity release agreement. Regards Rob, Hi Rob. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. The police send out a requirement to provide driver information. The original NIP must be served on the registered keeper of a vehicle with a Request for Driver Information, within 14 days of the date of the alleged offence being committed. If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. Note, things do change and sometimes we do miss things (were only human! The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. You have a legal obligation to respond to a NIP which is addressed to you. What Happens Next After Notice Of Prosecution? - Slater The police are under no obligation to identify the driver. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. If so, how many? If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it won't be a defence because the police will have still complied with the rule to send it to the last . If you need to discuss the details, give me a call on 03301116074. The email has been rejected due a process change and says I have to return by post. Fixed Penalty Notices: all you need to know | RAC Drive The Notice of Intended Prosecution arrived after 14 days What should I do? Stephen, Hi Stephen I have received an NIP. Hi Paul. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. But above all it is not worth the risk. But opting out of some of these cookies may affect your browsing experience. Its easy to panic if you receive a notice of intended prosecution. 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. A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. If you were speeding take the hit and stop moaning. 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. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Can I reject a speeding ticket after 14 days? | The Sun The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers 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. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. ), so its important that you read the terms of any products that youre considering before you apply. 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. the speeding ticket. Certain types of finance are not regulated, such as bridging loans. The 14-Day Rule for Notices of Intended Prosecution - Loophole or You may have heard that if you get a speeding ticket through the post. All rights reserved. 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. 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. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. Speeding fine received after 14 days what does this mean for you? They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Hi Michael. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasnt driving.