Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. Conviction for perverting the course of justice. 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. I am a specialist solicitor with a wide experience representing drivers in the police station, Magistrates' Courts and the Crown Court. If the DVLA record has a current address at the issue date of the V5C, I reckon a. We are so confused, we dont know what to do. The company still gets fined for failing to provide driver details as well. Trademark No: UK00003340161. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Required fields are marked *. At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Is there a defence for this? MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). 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. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. Newcastle The NIP must have been received within 14 days since the date of the alleged speeding offence. The notice of intended prosecution (NIP) was sent to our old company address. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. Notice of Intended Prosecution. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. 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. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? What action should you take? CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. The told me exactly how to appeal and win. Please note it is an offence under S172 of the Road Traffic Act 1988 to fail to provide information that is in your power to give, which may lead to the . Chelmsford The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. 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. We often link to other websites, but we can't be responsible for their content. It can be pretty difficult to persuade magistrates that two notices went missing. If you need to discuss the details, give me a call on 03301116074. 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. Hi Jon I would normally expect an entry and an exit image. Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options. Im wondering how best to proceed on what next steps to take? They dont receive a reply due to the fact that they dont exist. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. 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. 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. 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. The course lasts for half a day and there are no penalty points. 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. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). 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. 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. 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. The matter will be referred to the magistrates . That is not a valid defence and it cant be argued in court. What can we do please? Fees may be payable depending on your final choice of financial product. Notice of Intended Prosecution by Pete / CC BY. 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. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. The prosecutor could also put a charge of failing to provide driver details. This would not prevent the police from sending the case to court. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Wed never recommend ignoring a notice of intended prosecution. IS IT WORTH FIGHTING ON THESE GROUNDS? Huddersfield MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. They might be able to cross-reference the registered post receipt with the dodgy letter. The Notice of Intended Prosecution arrived after 14 days With a recent 3 points accepted and 3 points dropping off in Dec 2019. Conviction for failing to provide driver details. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. so obviously he cant complete the NIP form so what will happen next? Trading address: The Grange, Grange Road, Malvern, WR14 3HA. You wont have to pay the fine and you wont have to accept penalty points on your license. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. This evidence can include a handheld speed camera, a speed camera fitted to a police car or a fixed speed camera. They then dont accept a fixed penalty or a course and take the case to court. I am sure that some people do get away with notice of intended prosecution loopholes and scams. This notice is issued by the police soon after the alleged offence has been committed. If you are stopped by the police, a notice of intended prosecution can be given verbally. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Manchester However, there are some exceptions. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. At MoneyNerd, we are passionate about simplifying finance. I also have witnesss for the time I left the place I was at and the time I arrived home about a 45 min journey. These offences are usually caught on camera. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. 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. They fill in the notice with the false details. If youve received a notice of intended prosecution, you may be concerned about the potential implications. The police are under no obligation to identify the driver. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. That is a valid defence which is often successfully argued in court. These cookies will be stored in your browser only with your consent. They make sure that the envelope is sent by registered post. However, a notice of intended prosecution must be served to the registered keeper of the vehicle within 14 days of the alleged offence. 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. 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. Hi Mark Give me a call if you want some advice about this question. Please give me a call if you would like to discuss the evidence on 0330 111 6074. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. The matter will be referred to the magistrates . 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. 2. Speeding fine received after 14 days what does this mean for you? Is there a requirement for warning signs to be in place in and around the location of the speed check? If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. In these instances, you should expect a Fixed Penalty Notice (FPN) instead of a NIP.