Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. The photograph is a red herring. The cookie is used to store the user consent for the cookies in the category "Performance". CLEARLY MY SPEEDOS WRONG OR THE SPEED DEVICE THEY WERE USING WAS WRONG. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. Bristol 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). This paragraph should be read in conjunction with 2.202 in cases of accidents. 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. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. Notice of Intended Prosecution (NIP) Guide - UK Road Traffic Offence Most of the time, minor offences are dealt with through a fixed penalty (including a penalty point endorsement and a fine) or a driver education course such as a speed awareness course. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. The company receives the notice from the police requiring the details of the driver. They then dont accept a fixed penalty or a course and take the case to court. In the case of more serious offences, the case may be referred to the courts. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Quite often the photos are not very clear, and it is not possible to say who was driving from the photograph. If you were speeding take the hit and stop moaning. What can I claim for in a personal injury case? When should a Fixed Penalty Notice be received? 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. 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? When you receive a notice, it does not mean the prosecution will necessarily happen. Besides this being the cause of much anxiety I am curious about the connection between the police and the insurance company. Ranked in the top 20 law firms by Trustpilot. Thanks, Hi Scott. Do you think I have a clear argument for it? Conviction for failing to identify the driver. If you are stopped by the police, a notice of intended prosecution can be given verbally. 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 you are not the registered keeper there is no time limit. 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. Our Partners: Forensic and Investigative Services | Road Traffic Lawyers Glasgow. For further assistance contact us online or call us on 0330 041 5869. 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. Nottingham I understand that 'date of posting = date of delivery' and they are only required to 'serve' it not deliver it in 14 days. Notice of intended prosecution sent to wrong address. What happens if I don't receive a NIP after 14 days? If youre wondering how we work with our partners and how we make money, you can read more about how MoneyNerd works. Notice of Intended Prosecution. 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. They fill in the notice with the false details. If you dont receive a Notice of Intended Prosecution (NIP) after 14 days you can no longer be prosecuted for the alleged offence. The NIP has to be served on the registered keeper within 14 days. 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. Wed never recommend ignoring a notice of intended prosecution. DVLA give the name and address of the registered keeper to the police. The problem is,. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. The police send out a requirement to provide driver information. All rights reserved. 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. 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. I am not saying that anyone should admit to speeding when they didnt do it. The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. That way the driver of the vehicle doesnt get prosecuted and doesnt get any points. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. 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. Stephen, I was issued with a NIP stating exceeding the prescribed speed on that road but does not state what speed I was doing. Every driver has a legal obligation to inform the DVLA if they move address your logbook must be updated whenever you move house. The email has been rejected due a process change and says I have to return by post. Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. With a recent 3 points accepted and 3 points dropping off in Dec 2019. The told me exactly how to appeal and win. 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. 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. Demonstrating cooperation could help you to avoid a charge for failure to furnish driver information. You have to respond to say who was driving or you might get 6 points and a fine. The prosecutor could also put a charge of failing to provide driver details. 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. I was caught speeding in November 2020 & have recently received a Notice of Intended Prosecution. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. Written confirmation is being sent to you in order to confirm that no further action will be taken. However, there are a few situations in which you may not receive a NIP through the post within 14 days. I have received an NIP for doing 60mph in a 50mph limit on a smart motorway. The company is happy to pay the fine knowing that the drivers licence is saved. The so-called 14 day Notice of Intended Prosecution (NIP) Rule was used by countless motorists in 2019 to avoid a conviction for speeding, careless driving, running a red light, and many. 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. Most motorists are aware that the police have statutory power to require the registered keeper of a vehicle to say who the driver of it was on any specified occasion. The case is referred to the courts, which will issue paperwork requiring you to enter a plea of guilty or not guilty. What action should you take? 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. As it was outside of the 14 day window, I returned the charge and made clear it wasnt enforceable. Hi Rich. They will get six points and a fine all of their own. Not to be confused with genuine cases where someone did not receive the notice in the post. 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. 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. NIPs to the Wrong Address - David Barton | Motorist Lawyer Our team fact-checks content to ensure accuracy at the time of writing. 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. Notice of Intended Prosecution | Devon and Cornwall Police Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Speeding fine received after 14 days what does this mean for you? Certain types of finance are not regulated, such as bridging loans. Most speeding cases end up with a fixed penalty for three points and 100. a red light); careless driving; I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of the offence. The criminal record is not the only thing that you might need to think about. Conviction for failing to provide driver information. Hi Bryony Thanks for getting in touch. Notice of Intended Prosecution - Driving Test Tips This is my big list of case law relating to cases of driving with excess alcohol. They go to extraordinary lengths to avoid justice. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Thanks! ), You received a verbal warning instead and wont receive a NIP. Surely this is way too late for them to take any action. 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. This is to notify them how much they have been fined and if penalty points will be added to their license. Caddick Davies Solicitors Limited is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority under registration number 611830.
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