If you respond to the notice of intended prosecution to confirm that someone else was driving the vehicle at the time of the alleged offence, that person will then receive a new NIP addressed to them. Is the NIP validly issued and/or validly served? If you need to discuss the details, give me a call on 03301116074. Sorry to hear about what has happened. 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. The prosecutor could also put a charge of failing to provide driver details. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. Wed never recommend ignoring a notice of intended prosecution. 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. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Former Home Secretary Michael A magistrates court sends out a notice of proposed drivingdisqualification when a driver may be banned from driving under the single justice procedure. I have received a NIP in the post regarding speeding and theyve got my name wrong. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Hi Adrian I would try to get it resolved. The cookie is used to store the user consent for the cookies in the category "Other. Its a bit sneaky, but last time I had a parking fine, I paid 5 for a trial to chat to an online solicitor. The Notice of Intended Prosecution comes before the actual speeding fine. 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. That is a valid defence which is often successfully argued in court. Home> Most police forces send a reminder when they dont get a reply to the first notice. Speeding, Notice of Intended prosecution 4 months late. 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. The criminal record is not the only thing that you might need to think about. Hi I have received a NIP with no details of the vehicle on it, or the reply form, nor any photogrphic evidence. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. Come back to me if you would like my help with this matter. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Can I just leave this to go away? For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. Its a bit sneaky, but the last time I needed legal advice, I paid 5 for a trial to chat with an online solicitor called JustAnswer. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. Do you think I have a clear argument for it? Cardiff An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 03301116074. Their evidence will be tested at trial. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Will the 6 months deadline to pursue the case be valid even if the NIP is issued after 4 months? 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 paragraph should be read in conjunction with 2.202 in cases of accidents. This is quite a complicated area of law. If you want to discuss the case, please give me a call on 07984 436464. 2. A notice of intended prosecution can be served for a range of driving offences, ranging from speeding to careless driving. Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay my 271 fine. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. Notice of Intended Prosecution by Pete / CC BY. The cookie is used to store the user consent for the cookies in the category "Analytics". We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The police frequently get details of drivers from the national insurance database. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. We often link to other websites, but we can't be responsible for their content. What happens next after a Notice Of Prosecution? Receiving a notice of intended prosecution does not mean that you will definitely face prosecution, or that you will need to attend court. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. To see how we use, store and share your contact information you can read our privacy policy. People dont want points on their driving licence, fines or even driving bans. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. 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. They will need to confirm either that they were driving or confirm the details of who was driving. Should I accept aspeeding fine from the police advice from a specialist solicitor, Five things not to say in court when you plead guilty to speeding, Drive without due care and attention (careless driving): The complete guide, Everything You Need to Know About the New Drug Driving Laws, Always Up-To-Date List of Drink Driving Case Law (Work in Progress), Post in your driving licence when you accept a fixed penalty for speeding, Drink Driving: Five Things You Should Say in Court if You Plead Guilty, Driving Licence Penalty Points 12 Things You Need to Know, Single justice procedure notice: speeding or fail to give driver information, Notice of intended prosecution loopholes and how they can backfire, Site Design & Development by Scribbletribe, Nominating your wife/husband/family member/friend, Saying that you didnt receive the notice in the post. A Notice of Intended Prosecution is sent to a registered vehicle owner when the vehicle they own has been identified as speeding or committing other motorist offences. DVLA give the name and address of the registered keeper to the police. They make sure that the envelope is sent by registered post. The prosecution will try to deal with most minor speeding offences by offering a fixed penalty or a speed awareness course if possible. If the DVLA record has a current address at the issue date of the V5C, I reckon a. With your consent MoneyNerd may pass you on to a trusted debt counselling company or insolvency practitioner. 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. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. Firstly I currently have 6 points on my licence. The question of a conviction appearing on your criminal record is complicated. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. They were 80mph, 80mph, 81mph in 70mph zone. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving 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. What is a Notice of Intended Prosecution? However I was not in that area at the time. Notice of Intended Prosecution. For many people going to court and asking for the shortest ban possible might be the best idea. 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? They claim the DVLA gave them the wrong address, but I dont see how that is my problem. Ive tried registering for the speed awareness course and the police have entered my driver licence incorrectly. The cookie is used to store the user consent for the cookies in the category "Performance". You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. The name on the NIP is spelt wrong. 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. They will get six points and a fine all of their own. I got an NIP for an average speed (between two points) of 66 in a 50 zone, and was given access details to the alleged offence details online. The Notice of Intended Prosecution arrived after 14 days the speeding ticket. There are a few ways that this plot can be foiled. Therefore, the NIP is considered legally served if it has been sent to the address recorded by the DVLA. MoneyNerd does not give specific debt advice and we recommend that you always discuss your personal situation with a qualified adviser that works for a company that is authorised and regulated by the Financial Conduct Authority. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Speeding charge sent to wrong address . Youll then have 28 days to accept the fine and potential penalty points. 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 . Conviction for failing to provide driver details. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. As a result we've received it some seven weeks late. 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? However, as long as the ticket was sent to the registered address in the appropriate time frame, it is still valid, regardless of how long it took to get to you. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The police send a document to the registered keeper of the vehicle. so obviously he cant complete the NIP form so what will happen next? 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.
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