notice of intended prosecution speeding sent to wrong address

Do you think I have a clear argument for it? This notice is issued by the police soon after the alleged offence has been committed. In extreme cases conviction for perverting the course of justice. What action should you take? On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. I received this notice in the post today 15/06/2021! Caddick Davies can talk you through the options available to you, based on your individual case. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. It is only there to identify the registration of the vehicle, not the driver. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. The cookie is used to store the user consent for the cookies in the category "Analytics". Stephen. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. You can find out more by contacting MoneyHelper. But above all it is not worth the risk. 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. The police are under no obligation to identify the driver. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. Again, remember to take off the day of the alleged offence. The company simply ignores the notice. I may be able to dissuade the police from taking the matter further. You may have heard that if you get a speeding ticket through the post. 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. 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. 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. 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. Required fields are marked *. 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. What can we do please? In the case of more serious offences, the case may be referred to the courts. The Notice of Intended Prosecution comes before the actual speeding fine. 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. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. 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. Hi Mark Give me a call if you want some advice about this question. I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. The prosecutor could also put a charge of failing to provide driver details. 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. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. I hope that this information helps. 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. 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. 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 . document.addEventListener('wpcf7mailsent', function (event) { The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. 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? However, there are some exceptions. The date on my newly updated V05 document is. These cookies track visitors across websites and collect information to provide customized ads. 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. ), You received a verbal warning instead and wont receive a NIP. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. The driver fills in the details nominating him or herself but doesnt sign the form. Hi Bryony Thanks for getting in touch. The notice has to be sent to the registered address on the V5 within 14 days. In some circumstances, you might have a legitimate reason not to pay a fine. They can refer to the reminder at court. The company still gets fined for failing to provide driver details as well. The police send a notice to the person who has been nominated. Patterson Law Limited is a law firm authorised and regulated by the. The Police Sent Section 172 Notice and Notice of Intended Prosecution to the Wrong Address! If the police cant find that person, they sometimes prosecute the keeper for permitting someone else to drive without insurance. When the keeper gets the notice from the police they reply saying that someone else was driving. 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. How long after a speeding offence can you be charged? 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. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. What happens if I don't receive a NIP after 14 days? Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. But it isnt necessary for the police to provide them at the fixed penalty stage. 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. Hi Matthew There is no such thing as rejecting an NIP. 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. London In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP. The notice of intended prosecution (NIP) was sent to our old company address. If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days. All of the alternatives are worse than simply accepting the original penalty. And they were all within the space of 15 minutes. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Membership and partnership organisations home. The defective NIP maybe a defence to the Speeder though. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. The Notice of Intended Prosecution arrived after 14 days Notice Of Intended Prosecution: What Next? , High Court clarifies the law in 2019 on using a mobile phone whilst driving. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. All rights reserved. Different bands and the specifics of the incident determine the exact amount youre fined. Speeding, Notice of Intended prosecution 4 months late. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. The company is happy to pay the fine knowing that the drivers licence is saved. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. It can be pretty difficult to persuade magistrates that two notices went missing. When a driver has been going just over the speed limit the police offer them a speed awareness course. 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. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. Reddit and its partners use cookies and similar technologies to provide you with a better experience. There are circumstances where you may not have received the NIP within 14 . The cookies is used to store the user consent for the cookies in the category "Necessary". Hi Katy Please give me a call on 03301116074 if you would like to discuss what to do. and our When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } 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? Cases of perverting the course of justice must be dealt with in the Crown Court. If you need to discuss the details, give me a call on 03301116074. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. 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. Whether youre looking to defend an allegation of a road traffic offence or protect yourself from being charged with failure to furnish driver information, we are here to help. 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. I am not saying that anyone should admit to speeding when they didnt do it. 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. 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. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time.