What happens if I don't receive a NIP after 14 days? 3. If you have been prosecuted for drink driving, speeding, failing to provide driver details or any other driving offence this guide may help you to save some money. I hope that this information helps. There are three reasons why you might not receive a NIP within 14 days. They can refer to the reminder at court. If the police can prove that the person does not exist or wasnt driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. Caddick Davies is recognised as one of England and Wales leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or totting up (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence. The driver fills in the details nominating him or herself but doesnt sign the form. If you were stopped by the police it may have been given verbally. If you are stopped by the police, a notice of intended prosecution can be given verbally. The cookies is used to store the user consent for the cookies in the category "Necessary". Stephen. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police. The police usually send a reminder when they dont get a response the first notice. 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. This satisfies the Notice of Intended Prosecution rules. If the driver doesnt admit the offence and the police have enough evidence they send the case to a magistrates court. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. 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. We do this from the outset of your case and throughout its duration. Formal Notice of Intended Prosecution The police will write to the false person who is overseas. 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. However they said it wasnt possible to do that at this stage and Id need to fill out the identify driver stage. 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. 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. If this happens, you will receive paperwork from the courts which asks you to enter a plea of guilty or not guilty. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Based in England. CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. 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. This will indicate when DVLA actually updated their records. Required fields are marked *. Hope this helps. I was informed that I should notify them to change it so I can register. Bradford That is the job of the keeper who has a legal obligation to tell the police who was driving. However, the most important thing is to stay calm and deal with the situation at hand. It is simply to notify that the police may take action. You need to find out whose mistake it is. The magistrates might decide that there is enough evidence anyway. 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. 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. Surely this is way too late for them to take any action. If you send back the completed NIP confirming that someone else was driving the vehicle, they will then receive a NIP addressed to them and they will have a legal obligation to respond. Probably the best thing is to send the NIP back to the police with a copy of your fathers death certificate. 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. There might be a photograph from the speed camera showing some detail of the driver. We sold it via gumtree to a trader who collected the logbook and gave us a yellow slip to post to DVLA. Although this doesnt always mean that youll be prosecuted, the police are legally required to inform a potential defendant that prosecution is being considered within 14 days of an alleged offence. An MS90 conviction, also known as failure to furnish information, typically results in six penalty points being endorsed, along with a fine. Magistrates must impose six penalty points (or a disqualification from driving) and a fine of up to 1,000.00 following a conviction. Youll need to provide the requested information within 28 days of receiving the notice of intended prosecution. If the registered keeper says that they were driving, the police go on to look at the offence, they might: If the registered keeper nominates someone else the police send a requirement to provide driver details out to them and the process starts again. You arent the registered vehicle keeper. Rob Says: It depends! But they can only fine you or add penalty points to your licence if they had previously sent a Notice of Intended Prosecution (NIP) to the registered vehicle owner. On the other hand, if you werent the driver of the vehicle, you may be worried about being prosecuted for failure to furnish driver information. You may have heard that if you get a speeding ticket through the post. 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. 2. A defective NIP is not a defence to failing to name the driver so you must still provide that information. Common offences requiring a NIP include: dangerous driving, careless driving, speeding and disobeying traffic signs and traffic signals. Hi, on 21 Dec 2020 I received a NIP for an offence driving @ 70 mph on the M6 , exceeding the variable limit set to 60mph on 23 August 2020 ie 4 months after the event. What should I do? We also use third-party cookies that help us analyze and understand how you use this website. Firstly I currently have 6 points on my licence. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. If the notice didnt get delivered, then the post office often returns to sender. Its a bit sneaky, but the last time I had a fine, I paid 5 for a trial of an online solicitor called JustAnswer. The name on the NIP is spelt wrong. Manchester Such a warning is normally known as a "notice of intended prosecution", or NIP. The most you can be fined for speeding in the UK is 2,500 on a motorway or 1,000 on other roads. 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. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. 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. They will need to confirm either that they were driving or confirm the details of who was driving. 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. An unsigned document is not valid evidence. The Notice of Intended Prosecution arrived after 14 days 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. These records are based upon the address recorded on the registration certificate for the vehicle. I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. However, there are some exceptions. The fact that the photograph is unclear is irrelevant. The company simply ignores the notice. 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. They nearly always result in a prison sentence of at least six months which can be reduced by one third for a guilty plea. Call Us on 03334 432 366 or enter your details below: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); We have been successfully representing clients in motoring courts nationwide. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? All rights reserved. For more information, please see our When a driver has been going just over the speed limit the police offer them a speed awareness course. Opening an envelope to discover this notice is likely to fill you with dread, and youll probably be wondering what you should do next. In some circumstances, you might have a legitimate reason not to pay a fine. In 2015 I set up Stephen Oldham Solicitors. Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Can I check if there are circumstances including address change that may remove that constraint? Dispute a Notice of Intended Prosecution (NIP). When the keeper gets the notice from the police they reply saying that someone else was driving. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible defendant that they may be prosecuted for a driving offence. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. The notice of intended prosecution has to be sent to the name and address of the last known registered keeper of the car. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! Patterson Law Limited is a law firm authorised and regulated by the. In extreme cases conviction for perverting the course of justice. Notice of intended prosecution loopholes and scams just dont work so dont try them. 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 registered keeper was driving when they set off a speed camera. You could try Michael Lyon Solicitors in Glasgow. The criminal record is not the only thing that you might need to think about. 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. Stephen, Hi Stephen I have received an NIP. Stephen. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance. It is a different type of firm enabled by technology and by new ways of working in the justice system. The purpose of a NIP is to give the driver or registered keeper of the vehicle sufficient notice that prosecution is being considered for the offence. The police dont have to offer a fixed penalty. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Reddit and its partners use cookies and similar technologies to provide you with a better experience. I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. They fill in the notice with the false details. I have given the case name and a very brief description on the main point Every year scores of motorists get a criminal conviction from the magistrates court because they didnt send their driving licence off in the post. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. Conviction for failing to provide driver details. However, its important to remember that a NIP doesnt have to be sent to the registered vehicle keeper if a police officer gave you a verbal warning and collected the required details. Its important to remember that responding isnt an admission of guilt and youll be able to defend the allegation at a later date if required. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. This paragraph should be read in conjunction with 2.202 in cases of accidents. Click here to contact us today and have a friendly chat with one of our specialist motoring offence solicitors. That person may not be insured. When that happens, the driver contacts the police saying that they cant tell who was driving from the photograph so they cant provide driver details. What does Michael Howard have in common with Christine Hamilton? What action should you take? The Notice of Intended Prosecution comes before the actual speeding fine. I know were effectively forced to confess, but I dont want to admit to something I might not be guilty of. A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. Speeding fine received after 14 days (Quick recap), Given a fine and have points added to your license, Offered to attend a speed awareness course (and pay for it! The NIP issuance seems outwith the 14 days period but I dont know if the police may have reason to argue that they couldnt find me as I have moved in January last year and I see DVLA still has my old address yet the police were able to find me. Hi Jon I would normally expect an entry and an exit image. 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. When attempts to avoid a prosecution for speeding go wrong a whole range of things can happen. 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. if (window.dataLayer) { window.dataLayer.push({ event: 'lead' }); } Offer you a conditional fixed penalty, which is three points and 100 fine . I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. The told me exactly how to appeal and win. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). I recommend that anyone who is going to tell the police that they cant name the driver gets some legal advice first. This is usually a more severe penalty than the original offence, so its always best to respond to the NIP. Hi Adrian I would try to get it resolved. 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? 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. Requirement to provide driver information tells the registered keeper to say who was driving the vehicle. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. MoneyNerd Limited is an Introducer Appointed Representative of Key Retirement Solutions Limited who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 224987) and is classed as a mortgage and home finance adviser. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. 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. The notice of intended prosecution (NIP) was sent to our old company address. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Hi Tom Please give me a all on 03301116074 if you would like to discuss your case. This cookie is set by GDPR Cookie Consent plugin. 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. Not to be confused with genuine cases where someone did not receive the notice in the post. Sometimes the police give a link to a photograph from the speed camera online. The NIP is usually sent through the post, although it can be given verbally by police if you are stopped. 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. I have now received a follow up letter which says a copy of the charge was sent within . The Case of Lord Howard of Lymphe v Director of Public Prosecutions EWHC (Admin 100) or what does Michael Howard have in common with Christine Hamilton? Notice of Intended Prosecution. Newsroom> The police know this so endeavour to send the NIP to the registered vehicle keeper swiftly. The keeper must identify the driver unless they are unable to. Hi Chris I cant comment on how they might deal with a case in Scotland it is a completely different jurisdiction. 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. The police are under no obligation to identify the driver. Not only is it wrong to break the law it could land you with a prison sentence. Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. Offer you a conditional fixed penalty, which is three points and 100 fine, although you must comply with the conditions. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. The NIP I have received is technically wrongly addressed the County is wrong and it seemingly delayed delivery (dated 13 Feb arrived today). What I dont get is why didnt the police go to the DVLA and get the details of the registered keeper. Regards Rob, Hi Rob. You will not usually be able to contest a failure to respond to a section 172 request as a result of forgetting to update your address details after moving house. Will a driving conviction appear on my criminal record? Also, not to be confused with cases where someone doesnt get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. 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. Hi i received a nip for doing 34mph in a 30mph but it didnt offer a driver awareness course, when i checked a week ago i was only 1 week short of a clear 3 year period. 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 SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. They are positioned after a bend giving less than 8 seconds when in full view before passing to see ,as in my case i was in the middle lane with tall sided vehicles either side of me at the point of passing these signs, could not possibly have known a change to the speed limit due to the inadequate signage ,please give further advise.Thanks . Why you might not receive a NIP within 14 days. Newcastle They make sure that the envelope is sent by registered post. UNFORTUNATELY THERE WERE NO DOCUMENTS SHOWN SO I COULDNT CHECK OR THEY DIDNT HAVE ANY. I received this notice in the post today 15/06/2021! With a recent 3 points accepted and 3 points dropping off in Dec 2019. In this case, its advisable to consult an experienced motoring offence solicitor for expert legal advice. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. I also note that the prosecution should start within 6 months. 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). It depends! At this point, the offence should still be fresh in the drivers mind, and the registered keeper should be able to remember who was driving the vehicle on the date and time in question. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. I received a NIP for a vehicle I dont own and have never driven in a place I have never visited or even heard of.It seems someone used my name and address to obtain insurance.The police got my details from the insurance company. When you receive a notice, it does not mean the prosecution will necessarily happen. To see how we use, store and share your contact information you can read our privacy policy. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The police have up to six months to issue you with a speeding fine. Id like to know what is classed as evidence when a speed camera is involved. 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.