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 you think the NIP is incorrect or issued outside of the 14 day time limit this may be a defence to the speeding allegation, however, you must still respond even if you do not know who was driving. In many circumstances council fines are not enforceable. First of all, youll need to respond to the section 172 request to identify the driver. Yes. Is this charge enforceable? NIP will be sent out to the details held on PNC at the time the search was made. The owner of the car will be sent a Notice of Intended Prosecution (NIP), detailing the offence. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. Misspellings dont usually make much of a difference could the details on your vehicle registration document be wrong. This cookie is set by GDPR Cookie Consent plugin. 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. The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? If that hasnt happened the prosecutor will want to know why. 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. Cases of perverting the course of justice must be dealt with in the Crown Court. If you want to discuss the case, please give me a call on 07984 436464. Please give me a call if you would like to discuss the evidence on 0330 111 6074. Bristol The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. and our Regards Rob, Hi Rob. If you were speeding take the hit and stop moaning. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in question. It is used as a way for the vehicle owner to respond and declare who was driving the vehicle and actually committed the alleged offence. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. Fees may be payable depending on your final choice of financial product. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. Cookie Notice Notice of Intended Prosecution. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. For example, someone just a couple miles above the speed limit will be in Band A and fined between 25% and 75% of their weekly income (plus three penalty points). I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Offer you a speed awareness course, which will result in no points being endorsed on your licence. This is my big list of case law relating to cases of driving with excess alcohol. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. You can find out more by contacting MoneyHelper. The company is happy to pay the fine knowing that the drivers licence is saved. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. This website uses cookies to improve your experience while you navigate through the website. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. MoneyNerd Limited is an Introducer Appointed Representative ofSeopa Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 313860) and is classed as an insurance broker. Hi Rich. However, if the vehicle is not stopped at the time of the alleged offence, the NIP will be served by post to the registered keeper of the vehicle. The criminal record is not the only thing that you might need to think about. Been dealing in alphanumeric codes all week so it was only a matter of time Re the comment on "Stop moaning and accept the punishment": I roll over for something that: Is the fact they served it to an incorrect address despite me having updated my details in good time prior to the offence enough to scrape me out of potential prosecution on the 14-day rule? 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. But, this isnt true for all cases. We are so confused, we dont know what to do. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. 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? You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. The problem is,. 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. This is more likely to happen if they sent the NIP just before the 14-day deadline but also before bank holiday weekends. 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. They dont receive a reply due to the fact that they dont exist. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. Whether or not you were driving the vehicle in question at the time of the alleged offence, you have a legal obligation to respond to any notice of intended prosecution that is addressed to you. 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 returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Can I check if there are circumstances including address change that may remove that constraint? In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). This will almost certainly be after you'd moved. Not only is it wrong to break the law it could land you with a prison sentence. They fill in the notice with the false details. 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. 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. Lets look at the possibilities in order of seriousness when notice of intended prosecution loopholes and scams go wrong. 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 . 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. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Hi Jon I would normally expect an entry and an exit image. The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Sometimes the police give a link to a photograph from the speed camera online. Speeding fine received after 14 days what does this mean for you? Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. These are: As long as the Notice of Intended Prosecution is received by the vehicle owner within 14 days, the police then have up to six months to issue the Fixed Penalty Notice, i.e. 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.