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. For many people going to court and asking for the shortest ban possible might be the best idea. 0333 443 2366 Mobile friendly number. Necessary cookies are absolutely essential for the website to function properly. NIPs to the Wrong Address - David Barton | Motorist Lawyer Do you think I have a clear argument for it? You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. If you're caught by a speed camera Within 14 days of your car being caught speeding you'll be sent a: Notice of Intended Prosecution (NIP) Section 172 notice You must return the. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. In theory if they try to prosecute me or attempt to put points on my licence it will be wrong? A notice of intended prosecution will not be sent unless there is evidence that the vehicle in question exceeded the speed limit. If the registered keeper says that they were driving, the police go on to look at the offence, they might: 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. The matter will be referred to the magistrates . 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. Hi Paul. 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 has to be sent to the name and address of the last known registered keeper of the car. The Notice of Intended Prosecution arrived after 14 days However on viewing the photos it is not clear to see that it is even my vehicle let alone the registration as it was at night. They advised me on how to appeal and gave me everything I needed to make an airtight defence. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Read this guide to know your rights when receiving a Notice of Intended Prosecution after 14 days and all the caveats to the law. They then dont accept a fixed penalty or a course and take the case to court. Bristol These cookies will be stored in your browser only with your consent. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. This places a legal obligation on the registered keeper to supply details of the driver of the vehicle at the time of the alleged offence. What is a Notice of Intended Prosecution? It is simply to notify that the police may take action. 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 . If the name is spelt wrongly on the NIP because your name is wrong on the DVLA database then it wont be a defence because the police will have still complied with the rule to send it to the last known name and address etc. Sorry to hear about what has happened. Is the speed alleged on the NIP an average over two or more points or at a single point? An unsigned document is not valid evidence. 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. A speeding ticket (or NIP) must be sent to the vehicle with the purpose of being received by the registered owner within 14 days after the offence. 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. Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Newcastle By clicking Accept, you consent to the use of ALL the cookies. Their case is at court. 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. Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. These cookies track visitors across websites and collect information to provide customized ads. The date on my newly updated V05 document is. Making me admit an offence is in breach of my human rights or, I cant be questioned without a lawyer present. 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. Id like to know what is classed as evidence when a speed camera is involved. At Stephen Oldham Solicitors I connect directly with motorists who have been accused of driving offences. 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. Birmingham Based in England. You have a legal obligation to respond to a NIP which is addressed to you. ), so its important that you read the terms of any products that youre considering before you apply. Such a warning is normally known as a "notice of intended prosecution", or NIP. The driver fills in the details nominating him or herself but doesnt sign the form. I have received a Notice of Intended Prosecution what should I do Notice of Intended Prosecution | Devon and Cornwall Police The police send out a notice to a suspected driver. If you want to discuss the case, please give me a call on 07984 436464. Chelmsford 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. 100 endorsable fixed penalty notice offences include: Speeding offences Careless driving (e.g. Speeding penalties - GOV.UK You probably are give me a call if you would like to discuss in more detail. When you receive a notice of intended prosecution, youll probably be wondering if it means youll be summoned to court. For more information, please see our The police send out thousands of notices to drivers suspected of speeding and other offences every year. There are a few ways that this plot can be foiled. Im wondering how best to proceed on what next steps to take? Not only did I save 50 on solicitor fees, I also won my case and didnt have to pay the 271 fine! 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. Conviction for failing to provide driver details, Conviction for perverting the course of justice, Conviction for failing to provide driver information. Saying to the police or the magistrates court: All these have been tried, tested and failed. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. If you werent driving the car at this time, you will need to name the driver on this form and they will then be sent a new notice of intended prosecution in their own name. Maybe you have decided to go along without a lawyer. If you do not respond, or do so outside the time limit, you may be prosecuted for the offence of Failure to Furnish Driver Information which carries six penalty points in addition to a fine. V5C to wrong address, now notice of intended prosecution Also, I do not remember speeding, though it suggests I was 7mph over the limit, how does one find out if a machine was properly calibrated? Loss of opportunity to do a course or accept a fixed penalty. Note, things do change and sometimes we do miss things (were only human! A friend of mine has a distribution business and has been done with his drivers on the same road for similar double speeding offences and argued that. All of the alternatives are worse than simply accepting the original penalty. Stephen, Hello Steve, I have just received a Notice of Intended Prosecution through the post alleging a speeding offence of 35 mph in a 30 mph zone. 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. NIP Checker - Is Your Notice Of Intended Prosecution Valid? - Patterson Law I received NIPs on 3 x speeding offences occured on the A90 in Scotland on 28th April 2019. About Us Seeherefor details about our law firm. At MoneyNerd, we are passionate about simplifying finance. Road Traffic - Summary Offences | The Crown Prosecution Service The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The defective NIP maybe a defence to the Speeder though. 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. Make sure that you get proof of postage and keep a copy of your response. Possible Offences Covered by a Notice of Intended Prosecution The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. Privacy Policy. If a camera has detected an alleged speeding offence, a Notice of Intended Prosecution will be sent to the registered keeper together with a request for driver information, within 14 days.