People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. Name Spelt Wrong On Notice Of Intended Prosecution It does not store any personal data. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. Certain types of finance are not regulated, such as bridging loans. This satisfies the Notice of Intended Prosecution rules. Its easy to panic if you receive a notice of intended prosecution. Hi Mark Give me a call if you want some advice about this question. If you are stopped by the police, a notice of intended prosecution can be given verbally. Liverpool Received Notice of Intended Prosecution for exceeding a 30 mph restriction by 8mph,on the A6177 on Mayo Avenue ,Bradford. If you are not the registered keeper there is no time limit. If that hasnt happened the prosecutor will want to know why. If youre offered a driver education course or a fixed penalty and you dont dispute the offence, you can accept these offers without the need to go to court. 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 . A complete guide by specialist motoring solicitor Stephen New drug driving laws came into force in England and Wales on 2nd March 2015. In 2015 I set up Stephen Oldham Solicitors. The defective NIP maybe a defence to the Speeder though. Slater and Gordon 2023. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. However, the most important thing is to stay calm and deal with the situation at hand. In this case, you won't have to pay the fine or accept any points on your licence. }); document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This data will only be used by Caddick Davies for processing your query and for no other purpose. If youve received a notice of intended prosecution, you may be concerned about the potential implications. Analytical cookies are used to understand how visitors interact with the website. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. Most speeding cases end up with a fixed penalty for three points and 100. Road Traffic - Summary Offences | The Crown Prosecution Service What does Michael Howard have in common with Christine Hamilton? Im wondering how best to proceed on what next steps to take? Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. We Will Answer Your Motoring Offence Question Free 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Necessary cookies are absolutely essential for the website to function properly. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. However I was not in that area at the time. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. Do I have to go to court to declare that yes I am guilty but fight for the continous journey theory. At Caddick Davies, wed always recommend seeking advice from a specialist motoring offence solicitor. 2. But a company cant get penalty points. NIP sent to wrong address - can I appeal? - Honest John I may be able to dissuade the police from taking the matter further. But on the the first of the two average speed camera photos the image is so blurred its impossible to read the number plate, so it quite easily could have been a different car. Saying to the police or the magistrates court: All these have been tried, tested and failed. Cases of perverting the course of justice must be dealt with in the Crown Court. Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. 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. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. The police dont have to offer a fixed penalty. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). They make sure that the envelope is sent by registered post. Come back to me if you would like my help with this matter. The first thing to say is that even where a NIP is received late, a response must still be sent by the recipient of the Notice of Intended Prosecution to the Central Ticket Office or Constabulary. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Notice Of Intended Prosecution: What Next? I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd A notice of intended prosecution is issued by the police. Again, wed always advise you to seek legal advice from a specialist road traffic offence solicitor if you receive paperwork from the courts. 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. Notice of proposed driving disqualification. If you receive a notice of intended prosecution after the 14-day window has elapsed, its worth seeking legal advice from a specialist motoring offences solicitor. Notice of Intended Prosecution - Driving Test Tips I dont think that an illegally parked speed detection vehicle is likely to make any difference but I am happy to discuss it if you would like to give me a call on 03301116074. Notice of Intended Prosecution (NIP) - Motor Lawyers To see how we use, store and share your contact information you can read our privacy policy. How do I challenge this charge. 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? CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. Failing to do so could result in prosecution for failure to furnish driver information, which often carries a more severe penalty than the original offence. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. It is my understanding that I have to be served with the charge within 14 days, and as I havent, it shouldnt be. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. We Can Help. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Notice of Intended Prosecution. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. 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. If youre unsure of how to respond to a notice of intended prosecution, its best to seek legal advice from a specialist motoring offence solicitor, rather than ignoring the section 172 request. New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. They dont receive a reply due to the fact that they dont exist. This one isnt so much as a scam as a mis-understanding of the law. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. To prosecute an offence of speeding the authorities have to serve a Notice of Intended Prosecution within 14 days ignoring the date of the offence. You need to find out whose mistake it is. This will indicate when DVLA actually updated their records. Conviction for failing to identify the driver. A Guide to a Notice of Intended Prosecution - Motoring Offence Lawyers The date on my newly updated V05 document is. For further assistance contact us online or call us on 0330 041 5869. We are so confused, we dont know what to do. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. Can I just leave this to go away? The told me exactly how to appeal and win. Note, things do change and sometimes we do miss things (were only human! Speeding charge sent to wrong address . Conviction for perverting the course of justice. 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. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). First of all, youll need to respond to the section 172 request to identify the driver. 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. This is to notify them how much they have been fined and if penalty points will be added to their license.