The cookie is used to store the user consent for the cookies in the category "Other. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. Notice of Intended Prosecution. By clicking Accept, you consent to the use of ALL the cookies. To see how we use, store and share your contact information you can read our privacy policy. These cookies track visitors across websites and collect information to provide customized ads. You have a legal obligation to provide the requested information its therefore always best to make sure you get proof of postage. But it isnt necessary for the police to provide them at the fixed penalty stage. We are so confused, we dont know what to do. I have received a NIP for speeding, however at the date and time shown on the notice, I am 99% sure I was at home with the car. The police usually send a reminder when they dont get a response the first notice. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. As a result we've received it some seven weeks late. Notice of proposed driving disqualification. They will be able to advise you on whether it could be possible for the case to be overturned as a result of the delay. Sometimes the driver/keeper asks the police to send them a photograph. 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. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. 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. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. Hi Paul. They can refer to the reminder at court. Notice Of Intended Prosecution: What Next? | Caddick Davies An unsigned document is not valid evidence. Plus, a document called a Section 172 notice. If the ticket was issued or sent outside of the 14-day window, there is a possibility that the ticket could be cancelled. 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). We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority (SRA number: 591058) and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. 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. 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. I have received an NIP for my farther who has sadly passed away. 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. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. They make sure that the envelope is sent by registered post. And they were all within the space of 15 minutes. 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. If so, how many? 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. ), You received a verbal warning instead and wont receive a NIP. 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 . 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. Speeding, Notice of Intended prosecution 4 months late However, the alleged offence is stated as 06/02/2022. The speeding ticket could be for a speed that results in an automatic court hearing, there could also be a failure to return the S172 info. We often link to other websites, but we can't be responsible for their content. We Will Answer Your Motoring Offence Question Free Nottingham Notice of Intended Prosecution by Pete / CC BY. NIP sent to wrong address - can I appeal? - Honest John On July 31, 2019 the High Court clarified the law on using a mobile phone whilst driving. We do this from the outset of your case and throughout its duration. The email has been rejected due a process change and says I have to return by post. The letter is dated 16/03/2022 and refers to a speed of 37 in a 30 limit. 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 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. within a few minutes of each other, the Court can impose only one set of points for the two or more offences? IS IT WORTH FIGHTING ON THESE GROUNDS? All information was correct at the time of publication. They fill in the notice with the false details. Thats where they get the names from. This informs you that the police are considering prosecution for an alleged motoring offence. Speeding Fines, Tickets And Penalties Explained - Which? Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. These cookies ensure basic functionalities and security features of the website, anonymously. Conviction for failing to provide driver information. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Here are a What to do if you face a police investigation or a magistrates court case for careless driving (drive without due care and attention). The company is happy to pay the fine knowing that the drivers licence is saved. Membership and partnership organisations home. 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. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. Avoiding a ban for drink driving is not easy. That person may not be insured. The police dont have to offer a fixed penalty. It states that only the name on the form can fill it it in? If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Receiving a notice of intended prosecution might send you into a panic. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. The company simply ignores the notice. This will depend on your circumstances and will be discussed at the earliest opportunity by the financial product provider. 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? It is a different type of firm enabled by technology and by new ways of working in the justice system. Can I reject a speeding ticket after 14 days? | The Sun Notice of intended prosecution loopholes and how they can backfire 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. People dont want points on their driving licence, fines or even driving bans. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed. How long after a speeding offence can you be charged? Notice of Intended Prosecution | Devon and Cornwall Police They will need to confirm either that they were driving or confirm the details of who was driving. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post.
