The obligation on the prosecution is to show they served the Notice of Intended Prosecution 14 days or less from the offence. Corroborating evidence is required. I understand the Police have to be able to prove the NIP was sent within 14 days? A Notice of Intended Prosecution is sent by the police as part of their investigation to establish the identification of a driver following an alleged motoring offence. It is not amongst the range of penalties that can be imposed by a Court. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions 3. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 0 malang 07-10-18 07:49 A fixed camera on the A5 Chalk Hill north towards Hockliffe has photographic evidence of me driving at 46mph in a 40mph zone. Such Notices are often accompanied by Notices of Intended Prosecution in which the police . Following 2 calls with the Central Ticketing Office I returned the form completed, confirming I was the driver but with a letter requesting further information and evidence as their letter didn't actually show me the offence it was . SPEEDING is a serious driving offence but if you're not notified in the correct timeframe, you may have grounds to contest the speeding notice. The driver or registered keeper within 14 days of the alleged offence, Important: The requirement to warn of prosecution does not apply if there was an accident. I just got a 'Notice of intended prosecution' through the letter box from Bedfordshire police. If the DVLA record has a current address at the issue date of the V5C, I reckon a. Yes. I got a Notice of Intended Prosecution from the police accusing me of Failing to Stop, Failing to Report and Accident, Careless and Inconsiderate Driving. Indeed. 'Don't be afraid to question speeding tickets. 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. . You cannot be convicted for speeding (other than for exceeding 70mph on a motorway) solely on the evidence of one witness. How you respond depends on which category you fall into. notice of intended prosecution loophole The highest quality of care for individuals with developmental disabilities You can request to view the speeding ticket photo evidence by contacting the police . If you were not issued with an on-the-spot fine by a police officer - for example, you were caught by a speed camera - you will be sent a notice of intended prosecution (NIP) letter within 14 days. The NIP can be given verbally by the police at the time of the offence or a formal letter can be sent by post. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Could the police serve a new s.172 notice on . Again, remember to take off the day of the alleged offence. No This notice should be sent to the registered keeper within 14 days of when the speeding offence took place. At trial, a police officer testified that the defendant drove his Porsche at 130 mph, drove erratically, tailgated and undertook a vehicle. I received this notice in the post today 15/06/2021! Failing to respond to the notice means the issue will be referred to the Magistrates' Courts. Vote. I have received a notice of intended prosecution for a speeding offence from a mobile speed camera. when she was sent a notice of intended prosecution for speeding, . Our team are motoring law experts - call today for a free initial consultation on 01332 987420 or email [email protected] Is this sufficient proof to refuse to accept the NIPs given i was not informed within the 14 day period? The requirement does not apply to all driving offences. c. that either you were warned of prosecution verbally at the time of the offence or were sent a Notice of Intended Prosecution within 14 days of the date of the offence. 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. Notice of Intended Prosecution. Firstly, following an accident if injury is caused to another person or damage, however slight, to another party's property. Speed limit (mph) Offer you a speed awareness course, which will result in no points being endorsed on your licence 2. Police send a notice of intended prosecution to the registered keeper, which in this case was the previous owner of your vehicle. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. Faulty and incorrectly calibrated speed cameras were to blame, as well as delays in issuing notices of intended prosecution. The previous owner completes the NIP and returns it to the police, but puts the wrong house number on the NIP. Two weeks ago I received a Notice of Intended Prosecution for an offence I do not believe I was involved in. notice of intended prosecution loophole The highest quality of care for individuals with developmental disabilities They do not have to show you actually received it, so the general rule that post is deemed to be served 2 days after posting applies. Posting the notice within 14 days will . If you have been charged with failing to notify driver's details, please contact us on 01623 397200 so we can offer you free advice. "In contrast, section 172 requirements can be served on anyone at anytime, with or without an notice of intended prosecution. It claims the driver was caught speeding at 113mph on August 11 by a speed . Surely this is way too late for them to take any action. The requirement does not apply to all driving offences. Posted by 5 minutes ago. Hi, I am looking for some advice regarding a NIP for speeding. You will have to return the section 172 notice within 28 days, stating who was driving the car at the time of the offence. A . Alleged speeding offence committed 4th October 2006. The OP can't say that he didn't receive a NIP as he did. The day of the offence is not counted in the calculation. So if the alleged offence happened on the first day of the month, did you get the Notice of Intended Prosecution at your last known address by the 15 th day of the month. I was driving at 29mph on a 20mph road. Traffic & Parking. It applies to most road traffic offences, and then draws a distinction between what the 'registered keeper' must do and what 'any other person' must do. The notice of intended prosecution was sent to the wrong address, in a distant place, being that (wrongly) recorded on the DVLA database . Notice of Intended Prosecution. The address the speeding ticket is sent to will be based on the address registered with the car via the DVLA. On the other hand, if the Notice was sent by registered or recorded delivery rather than by first class post the prosecution can rely on S.1 (2). 1. You may have to go to court if you ignore. The NIP states that I was doing 38mph in a 30mph limit. There are a number of reasons why you may not have been issued a notice in the post within 14 days. 3. They may even have video evidence of your speeding. A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. They will have retained a copy of the first NIP and will use it as evidence it was sent out. Sufficient evidence can some from a 'an approved device' such as a speed camera. Speeding, Notice of Intended prosecution 4 months late. It is strange how they got it right, but ultimately, they have. Speeding Notice of Intended Prosecution Advice. A police officer can show you evidence by showing you the speed gun that has the speed displayed on it. However, if you are prosecuted for excessive or dangerous speed, the fine goes up to 1,000. . NIP - Notice of Intended Prosecution. Citroen C3 Picasso - Notice of Intended Prosecution - Speeding. If you don't send the police the driver's details within the time they state then . Hi, I have two speeding Notice of Intended Prosecution. Forrest Williams offer a fixed fee service whereby we review your situation and guide you through correct completion of the Notice of Intended Prosecution. Unless there is something wrong with Bentley's office procedure, the date stamp of 7 th February may well get Beckham off the hook. So far as the NIP is concerned, a notice sent by post must be dispatched so that it would reach the driver within the 14 days within the ordinary course of the post. It is Notice of Intended Prosecution. You should not read this response . Notice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. For this reason, it is best to seek legal advice before completing a Notice of Intended Prosecution. 4. This isn't a loophole he can argue at court. 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. We are experts in this area with a 96.7 percentage rate of successful challenges. The driver or registered keeper within 14 days of the alleged offence, Important: The requirement to warn of prosecution does not apply if there was an accident. The court heard the car was a 'loan vehicle' from Bentley so a notice of intended prosecution was sent to the manufacturer instead of Beckham after it was clocked speeding on January 23. I have just received a Notice of Intended prosecution for speeding. . An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such. The table below shows how the bands are set in relation to speed limits. If the police officer did not show you any evidence at the time of the alleged offence you can request it. DVLA have confirmed the vehicle doesn't belong to me, but it seems either a colossal mistake has been made or someone is trying to game the system by nominating me as the driver at the time. . . In such circumstances, the driver must supply his name and address and the details of the owner of the vehicle, if different. I readily admit that I am not a. "When they arrive has no bearing on the duty to reply within 28 days . This is done by issuing a Notice of Intended Prosecution (NIP). It is simply to notify that the police may take action. It's not a s172 notice. Instructed in this speeding and careless driving case. Refer the case to Court and issue you with paperwork requiring you to enter a plea, either guilty or not guilty. You must return the completed Section 172 notice within 28 days, telling the police who was driving the car. If you have received a Notice of Intended Prosecution (NIP) and are unsure what to do next, we can advise you about your options and whether you have a defence - contact us today on 0115 910 6239. Such a warning is normally known as a "notice of intended prosecution", or NIP. If you do not complete and return the NIP/S172 notice correctly within the 28 day time limit, you face a separate charge of failing to notify driver's details, which is a 6 penalty point offence with a fine of up to 1,000. The Notice of Intended Prosecution arrived after 14 days but the RK is protected from a s.172 prosecution by it not being reasonably practicable for him to reply. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. In most cases the notice has to be served on the registered keeper of the vehicle. Notice of intended prosecution. The defendant must have been served with the summons within 14 days of the offence; or. Every driver has a legal obligation to inform the DVLA if they move address - your logbook must be updated whenever you move house. The Driver and Vehicle Licensing Agency (DVLA) and the police interchange computer information on a daily basis. It's their responsibility to disclose the incident and any resulting action to you as their employer. If they're caught by a speed camera, a notice of intended prosecution (NIP) will probably materialise through the post, addressed to the 'registered keeper' which, for most company cars, will be the company's business address. For example, it does not apply to offences of using a mobile phone while driving. Police have issued a warning over a speeding ticket scam that is targeting Brit motorists Credit: PA:Press Association. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. If you have recently changed the registered address, and it has been sent to the wrong address, there may be grounds to challenge it . 2. any Notice of Intended Prosecution that is to be delivered through the post will be sent to the wrong address not . Looking for abbreviations of NIP? I have just received a Notice of Intended Prosecution for speeding. Double-check that both your licence and V5C have the correct details. He said the Jaguar car was registered to the PFA at its offices at 20 Oxford Court in Manchester but the Notice of Intended Prosecution letter, and a reminder, were both sent to number 30 - which . The prosecution produced witnesses from the Metropolitan Police Service to argue the notice of intended prosecution (NIP) was served before February 7. Section 1 of the Road Traffic Offenders Act 1988 requires that for certain offences: The defendant must have been warned at the time of the possibility of prosecution for the offence; or. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. No. However in your case the DVLA sent the wrong address or the speeding office mixed up 2 addresses. If the registered keeper says that they were driving, the police go on to look at the offence, they might: All advice gratefully appreciated. I rec'd a NIP in the post dated 27.02.19 for a speeding offence that allegedly took place on the 19.12.18 in Cardiff. 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. According to section 1 of the Road Traffic OffendersAct 1998, the 14-day limit means the Notice of Intended Prosecution (NIP) needs to be served onthe registered keeper of the vehicle within 14 days. The power becomes exercisable where the driver of a vehicle is alleged to be guilty of an offence to which Section 172 applies. We can help you respond to the Notice of Intended Prosecution, Single Justice Procedure Notice or to make a Statutory Declaration where the case has been dealt with in absence. Details of the . The 14-day rule appilies to a NIP (Notice of Intended Prosecution). Tells the keeper of the vehicle that the police intend to prosecute the driver of the vehicle for an offence. 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. The form provided with the Notice of Intended Prosecution is a self-serving statement, as such it must be signed by the person providing the information, either in the format provided or similar written format. The first offence was committed 01/06 with the NIP dated 02/08. The most common requirement is upon receipt of a Notice of Intended Prosecution. I have received notice of intended prosecution for an alleged offence of EXCESS SPEED 30 MPH- Camera I was driving the - Answered by a verified Solicitor . Beckham pleaded not guilty to speeding in a . If a Single Justice Procedure Notice has been issued, there is no longer any prospect of resolving matters by attending a speed awareness course, as that can only be offered by the Police/Process Unit. It's a NIP for the driver, which has reached the driver at the time of the offence. Traffic & Parking. Within 14 days of your car being caught speeding you'll be sent a notice of intended prosecution and a section 172 notice. Notice of the possibility of the prosecution must have been sent by . Notice of Intended Prosecution listed as NIP. For example, it does not apply to offences of using a mobile phone while driving. When i was sent notice of intended prosecution it was for speeding for doing 47 mph in a 40mph zone when i got my - Answered by a verified Solicitor . If the police decide to enquire they will often serve a S172 Notice under the Road Traffic Act of 1988 upon the registered keeper of the vehicle driven by the suspect. The minimum fine rises to 2,500 for dangerous speeding on a motorway. In these circumstances the law requires that such a notice will be sent within 14 days of the incident, which may lead to prosecution for one or more of the offences named. The address the speeding ticket is sent to will be based on the address registered with the car via the DVLA. This notice should be sent to the registered keeper within 14 days of when the speeding offence took place. The legal obligations of the recipient of a Notice of Intended Prosecution are deceptively simple yet can be frequently misunderstood or confused by the public. I have received notice of intended prosecution for an alleged offence of EXCESS SPEED 30MPH- Camera I was driving the vehicle stated at the time of the alleged offence but not at the . I have received this NIP for a vehicle I do not recognise, never driven or owned. So I got a NIP through the post last week, I was fined doing 59mph through a 40mph roadwork section of a dual carriage way on my way back from a hospital visit. 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. These records are based upon the address recorded on the registration certificate for the vehicle. You need to pay the fine, and also send your licence. Close. Here's what to do when you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The car was a 'loan vehicle' from Bentley so a notice of intended prosecution was sent to the manufacturer instead of Beckham after it was clocked speeding on 23 January. This is one of the questions that a road traffic solicitor is asked most often. . As I have not been caught speeding in a long time (Once 10 years ago doing 30something in a 30) I googled for fines and points. If you were stopped by the police it may have been given verbally. This requires the registered keeper to name the driver on the date and time in question. It can be sent by first class post and it has to be served within 14 days of the offence being committed. The full list of offences is contained in . 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 known name and address etc. That is not needed when you were stopped at the time of the offence, and it's not what you've received. If you don't send the police the driver's details within the time they state, then . If you are caught speeding you will be a sent a Notice of Intended Prosecution (NIP) within 14 days (Image: PA) This is quite tricky as there are no defences for driving over the speed limit. Speeding Notice of Intended Prosecution Advice. Here's what to do when you receive a Notice of. The prosecution must provide evidence that the device has been approved by the Home Office and must be . When you receive a notice, it does not mean the prosecution will necessarily happen. If you've been caught by a policeman operating a radar . The problem is that the year of my date of birth is incorrect on my driving license by one year, stating 1968 instead of 1969.37yrs ago, when I was aged 16, my father said I can apply for a provisional license and take my test but can-not drive on the roads until I was 17yrs old. The minimum fine for a speeding offence is 100. 1. Below is a criminal law blog post regarding notices of intended prosecution based on the laws of England and Wales.. Formal Notice of Intended Prosecution This means that there are some instances in which rejecting a speeding fine is possible - if the ticket is sent to the wrong address or arrives long after the date of the offence, there may be grounds to challenge it. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court. Th Second offence 03/05 NIP dated 16/08. If you have recently changed the registered address, and it has been sent to the wrong address, there may be grounds to challenge it . Too late I've filled in the form and sent it saying I was the driver at the time and place but don't recall any incident. This satisfies the Notice of Intended Prosecution rules. 'I received a NIP [Notice of Intended Prosecution] stating that I was caught speeding at 49mph in a 30mph zone (dash cam states I'm doing 24mph). . 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. Click Answer. Notice of Intended Prosecution (NIP) If you were not stopped by the Police and cautioned at the time of the offence, because for example your offence is one where the evidence has been obtained by camera, before any further action can be taken, the Police or Process Department, must serve a Notice of Intended Prosecution, commonly known as a NIP. Here's what to do when you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Note 1: The fact that this notice has been sent to you does not necessarily mean you will be prosecuted. The full list of offences is contained in . and I had made a real mess of a few things, not least of . In that case it is deemed to have been served: These are most commonly used for speed camera offences although they can be used following complaints of poor driving and after road traffic accidents. .