Stephen. About Us Seeherefor details about our law firm. Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. 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. Make sure that you get proof of postage and keep a copy of your response. 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. The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. 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. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. You could try Michael Lyon Solicitors in Glasgow. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. What should i do? This informs you that the police are considering prosecution for an alleged motoring offence. Hi Matthew There is no such thing as rejecting an NIP. 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. 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. Thanks, Hi Scott. I was informed that I should notify them to change it so I can register. Norwich By clicking Accept, you consent to the use of ALL the cookies. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. Regards Timothy Bradshaw. For many people going to court and asking for the shortest ban possible might be the best idea. 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. 5 Money saving tips if you are prosecuted for a driving offence in the magistrates court. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. Only one time, the time of the offence (which is presumably the time the car passed the second camera) is given, but not the time the first camera was passed or the distance travelled. But I suggest you do that with a letter stating that the NIP is defective (if its the polices mistake). I have just received a Notice of Intended Prosecution for speeding. Lets look at what happens with a speeding case: When a speed camera or a police officer with a speed detection device sees a vehicle speeding they record the registration number. Hi Adrian I would try to get it resolved. Carlisle The police send a document to the registered keeper of the vehicle. Most police forces send a reminder when they dont get a reply to the first notice. The NIP must have been received within 14 days since the date of the alleged speeding offence. However, there are some exceptions. Whilst it is listed as an option, I feel within my rights to use the option. Slater and Gordon 2023. Notice of intended prosecution loopholes and scams just dont work so dont try them. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to 1,000. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. 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. The notice has to be sent to the registered address on the V5 within 14 days. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830. 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. In this case, you won't have to pay the fine or accept any points on your 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. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. You probably are give me a call if you would like to discuss in more detail. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). 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. so obviously he cant complete the NIP form so what will happen next? If the recipient fails to respond, or if they were to write . Hi John Thanks for getting in touch. But it isnt necessary for the police to provide them at the fixed penalty stage. I have received a NIP in the post regarding speeding and theyve got my name wrong. Drawing upon the collective expertise of our team, we possess an in-depth understanding of the financial industry and are dedicated to delivering accessible and practical information to those who need it the most. These cookies ensure basic functionalities and security features of the website, anonymously. 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. Id like to know what is classed as evidence when a speed camera is involved. Posting the NIP within 14 days but it not actually arriving until the 15th day or thereafter will break the rule and you wont have to accept a fine. 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. Speeding, Notice of Intended prosecution 4 months late 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. Within 14 days of your vehicle being caught speeding the registered keeper will be sent a; Notice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. Will a driving conviction appear on my criminal record? The fact that the photograph is unclear is irrelevant. 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. 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. When you receive a notice, it does not mean the prosecution will necessarily happen. 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. 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. Please give me a call if you would like to discuss the evidence on 0330 111 6074. V5C to wrong address, now notice of intended prosecution They can refer to the reminder at court. I hope that this information helps. Police often keep logs of returned mail. I have done this and sent the forms back. 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. As a result we've received it some seven weeks late. Huddersfield This satisfies the Notice of Intended Prosecution rules. If you want to discuss the case, please give me a call on 07984 436464. Offer you a conditional fixed penalty, which is three points and 100 fine . 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? Evidence will be required before a driver can be prosecuted for speeding. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Speeding offences | Northamptonshire Police 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. If you are not the registered keeper there is no time limit. Name Spelt Wrong On Notice Of Intended Prosecution London People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. Stephen. I cannot prove this ( I do have a couple of texts I sent around the time stating what I was doing). 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. The keeper must identify the driver unless they are unable to. I also note that the prosecution should start within 6 months. The 14-Day Rule for Notices of Intended Prosecution - Loophole or This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If you were speeding take the hit and stop moaning.