We also use third-party cookies that help us analyze and understand how you use this website. An experienced prosecutor will crossexamine them and they could be questioned by magistrates or a judge. 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. Usually the identity of the driver comes out of the process and they are dealt with. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The matter will be referred to the magistrates . In extreme cases conviction for perverting the course of justice. About Us Seeherefor details about our law firm. Hi Paul. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Can I reject a speeding ticket after 14 days? | The Irish Sun Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. If you disagree with the charge, youll need to respond to the fixed penalty by requesting a court hearing to defend the allegation. As it was outside of the 14 day window, I returned the charge and made clear it wasn't enforceable. 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). I have now received a follow up letter which says a copy of the charge was sent within the 14 day window, but to next door in error. What happens if you're caught speeding? I also note that the prosecution should start within 6 months. In many circumstances council fines are not enforceable. ICO No: ZB338550. The cookies is used to store the user consent for the cookies in the category "Necessary". This is quite a complicated area of law. I may be able to dissuade the police from taking the matter further. The Notice of Intended Prosecution comes before the actual speeding fine. They go to extraordinary lengths to avoid justice. If the notice didnt get delivered, then the post office often returns to sender. On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. Based in England. All of the alternatives are worse than simply accepting the original penalty. Hi Bryony Thanks for getting in touch. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. If you are stopped by the police during the alleged offence, you may be given verbal notice of intended prosecution, rather than receiving a NIP through the post. A notice of intended prosecution must be received by the registered keeper of the vehicle within 14 days. What action should you take? 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. Sometimes the police give a link to a photograph from the speed camera online. They dont receive a reply due to the fact that they dont exist. The police send out thousands of notices to drivers suspected of speeding and other offences every year. Police often keep logs of returned mail. However, if you return the notice of intended prosecution to confirm that you were the driver of the vehicle at the time of the alleged motoring offence, there are a few different courses of action which could be taken by either the police or CPS. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. The cookie is used to store the user consent for the cookies in the category "Performance". Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. MoneyNerd Limited is an Introducer Appointed Representative of Pacific Financial Solutions Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 688034) and is classed as a debt counselling firm. These cookies will be stored in your browser only with your consent. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. If you are unsure it is highly advisable to seek specialist professional advice as soon as possible to ensure that you are providing the response required under law. It is simply to notify that the police may take action. The magistrates might decide that there is enough evidence anyway. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? I have received a NIP in the post regarding speeding and theyve got my name wrong. This cookie is set by GDPR Cookie Consent plugin. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. These cookies ensure basic functionalities and security features of the website, anonymously. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 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. The driver fills in the details nominating him or herself but doesnt sign the form. Hope this helps. You may have heard that if you get a speeding ticket through the post. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. 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. I did originally write to Police scotland to ask if they would drop two of the speeding tickets off, given it is clear I was on a continous journey. The keeper must identify the driver unless they are unable to. I read that the general rule is that where 2/3 speeding offences are deemed to have been committed over the course of the same journey, e.g. 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. 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 . Notice of intended prosecution sent to wrong address. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. The fact that the photograph is unclear is irrelevant. DVLA give the name and address of the registered keeper to the police. The Speeding Ticket 14-Day Rule | Motoring Offence Lawyers Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. 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. I'm sure this gets brought up a lot and in spite of a search I could find anything that addresses this point specifically: There will be a Doc-Ref date on your V5. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. They might be able to cross-reference the registered post receipt with the dodgy letter. The company is happy to pay the fine knowing that the drivers licence is saved. The police are under no obligation to identify the driver. For further assistance contact us online or call us on 0330 041 5869. They claim the DVLA gave them the wrong address, but I dont see how that is my problem. It can be pretty difficult to persuade magistrates that two notices went missing. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. If you are stopped by the police, a notice of intended prosecution can be given verbally. The consequences are often costlier and more serious than a speed awareness course or three penalty points. Can I check if there are circumstances including address change that may remove that constraint? V5C to wrong address, now notice of intended prosecution 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. You will then receive a Fixed Penalty Notice or court summons if being prosecuted. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. Is this charge enforceable? The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). Bradford This satisfies the Notice of Intended Prosecution rules. Free debt counselling, debt adjusting and providing of credit information services are available from MoneyHelper, an independent service set up to help people manage their money. But lying during the process will be a disaster. In 2015 I set up Stephen Oldham Solicitors. 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. Keepers of vehicles and suspected drivers must reply and tell the police who was driving. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. If you are not the registered keeper there is no time limit. However, the alleged offence is stated as 06/02/2022. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. There are three reasons why you might not receive a NIP within 14 days. 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 police send out a notice to a suspected driver. Regards Timothy Bradshaw. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). Have I a case to argue, Hi David There is no requirement to put the speed on the NIP. 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. Notice of Intended Prosecution (NIP) - Motor Lawyers If the DVLA database is right and the police have typed up the notice incorrectly then you may have an argument that the notice is defective. Im now waiting to see what happens with the intention of pointing out that the form clearly stated email as an option if they want to send an updated version to reflect the process change, they can do so. You may have heard that if you get a speeding ticket through the post. There is no information given to say what the time was at each camera, which if course would be necessary as the speed calculation is reliant on both the speed at each camera and the time and distance between the two. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.