This is quite a complicated area of law. Regards Matthew. Caddick Davies can talk you through the options available to you, based on your individual case. Slater and Gordon 2023. Then they write to the registered keeper again for more details. MY ADAPTIVE SPEED CONTROL WAS SET WHICH MONITORS SIGNS AND PREVENTS THE CAR GOING OVER THAT SPEED. Certain types of finance are not regulated, such as bridging loans. Please enable Javascript to view this webpage. Is there a requirement for warning signs to be in place in and around the location of the speed check? I have just received a Notice of Intended Prosecution for speeding. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. You will receive free expert legal advice about your offence from one of our UK driving offence specialists, See All Frequently Asked Question Offence Categories Here. Speeding | Metropolitan Police Speeding fine received after 14 days what does this mean for you? 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. That is not a valid defence and it cant be argued in court. Make sure that you get proof of postage and keep a copy of your response. You have to respond to say who was driving or you might get 6 points and a fine. Such a warning is normally known as a "notice of intended prosecution", or NIP. For many people going to court and asking for the shortest ban possible might be the best idea. That is a valid defence which is often successfully argued in court. If you have been wrongly accused of a road traffic offence, youll need to seek legal advice from an experienced motoring offence solicitor. When a driver has been going just over the speed limit the police offer them a speed awareness course. Stephen. For this notice of intended prosecution loopholeto work the fraudster has to be a pretty convincing liar. 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. Whilst it is listed as an option, I feel within my rights to use the option. But lying during the process will be a disaster. About Us Seeherefor details about our law firm. Hi Jon I would normally expect an entry and an exit image. 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 email has been rejected due a process change and says I have to return by post. 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. We often link to other websites, but we can't be responsible for their content. If you were the driver of the vehicle at the time of the alleged offence, you may be concerned about the potential consequences of admitting that you were driving the vehicle in question. MoneyNerd Limited is an Introducer Appointed Representative of Loans Warehouse Ltd who is authorised and regulated by the Financial Conduct Authority (Firm Reference Number 713110) and is classed as a credit broker not a lender. Its registered office is at 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. Speeding offences | Northamptonshire Police 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. 03301116074. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. Why So Much Free Information Whats The Catch? Its worthwhile remembering that responding to a NIP is not an admission of guilt and you will have an opportunity to defend the matter as your case progresses. 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. NIP CAME THROUGH THE POST AND IT SAID I WAS DOING 37. These cookies will be stored in your browser only with your consent. 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. I also note that the prosecution should start within 6 months. If your vehicle is suspected of being involved with a road traffic offence, you may receive a notice of intended prosecution. To see how we use, store and share your contact information you can read our privacy policy. You may have heard that if you get a speeding ticket through the post. In some circumstances, you might have a legitimate reason not to pay a fine. Patterson Law Limited is a law firm authorised and regulated by the. This cookie is set by GDPR Cookie Consent plugin. The question of a conviction appearing on your criminal record is complicated. Speeding Fine Received After 14 Days - What To Do 2023 - MoneyNerd 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. This will indicate when DVLA actually updated their records. In this article, well explain exactly what a notice of intended prosecution is, the potential consequences of the notice and how you should proceed. Filling in this section 172 request does not mean that you are admitting to the alleged driving offence, only that you are admitting to driving the vehicle at the time. Newsroom> In many circumstances council fines are not enforceable. 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. 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. I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. Loss of opportunity to do a course or accept a fixed penalty. Can I just leave this to go away? Trading address: The Grange, Grange Road, Malvern, WR14 3HA. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. Have you got any points already? There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. 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. 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. NIP will be sent out to the details held on PNC at the time the search was made. The keeper then has to prove at court that there was insurance cover in place for the nominated driver. Most police forces send a reminder when they dont get a reply to the first notice. If youve received a notice of intended prosecution, you may be concerned about the potential implications. This one isnt so much as a scam as a mis-understanding of the law. 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. They fill in the notice with the false details. Hi Paul. Bristol I CHECKED THE POLICE INFORMATION FOR THE CAMERA WHICH ALLOWS YOU TO GO ON THEIR WEBSITE AND SEE IF THE MACHINE HAD BEEN CALIBRATED AND IT READ THAT THE FOLLOWING DOCUMENTS ESTABLISH THAT THE DEVICE USED TO RECORD YOUR ALLEGED OFFENCE WAS CORRECTLY CALIBRATED AT THE TIME OF THE OFFENCE. The cookie is used to store the user consent for the cookies in the category "Other. Sheffield, Authorised and regulated by the Solicitors Regulation Authority Firm Number 512839, 3rd Floor, St Hughes House, Stanley Road, Bootle, L20 3AZ. The matter will be referred to the magistrates . DVLA give the name and address of the registered keeper to the police. 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. Please give me a call if you would like to discuss the case in more detail. It can be pretty difficult to persuade magistrates that two notices went missing. Not only is it wrong to break the law it could land you with a prison sentence. I have now received a follow up letter which says a copy of the charge was sent within . The police have up to six months to issue you with a speeding fine. If you think that you have a legitimate defence get some advice before you make things worse. We are so confused, we dont know what to do. ICO No: ZB338550. Is the NIP validly issued and/or validly served? 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. I hope that it is obvious. If youre unsure of the best way to respond to a notice of prosecution, wed always recommend seeking expert legal advice from a solicitor who specialises in motoring offences. The Notice of Intended Prosecution comes before the actual speeding fine. MoneyNerd a trading name of MoneyNerd Limited, registered in England (12915403). They dont receive a reply due to the fact that they dont exist. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. Newcastle The registered keeper of a vehicle has a legal duty to know who is driving their vehicle at any point in time. 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. When the keeper gets the notice from the police they reply saying that someone else was driving. Caddick Davies is a trading name of Caddick Davies Solicitors Limited, a company registered in England and Wales with registration number 8859228. Different bands and the specifics of the incident determine the exact amount youre fined. 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).
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