notice of intended prosecution speeding sent to wrong address

I SAW THE CAMERA VAN AND CHECKED MY SPEED AND IT WAS 30. 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. The prosecutor could also put a charge of failing to provide driver details. In this case, the vehicle keeper will report that it wasnt them driving the vehicle when the offence took place and will give them your information instead. If you do not agree you were speeding and want to defend the allegation, then you do not have to accept this offer. 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. The cookies is used to store the user consent for the cookies in the category "Necessary". 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. Once the offending individual has been confirmed, the police will send a Fixed Penalty Notice to that person. If you are not the registered keeper there is no time limit. If the NIP was received after 14 days, the offender cannot: After working in the Credit Card and Loan industry for more than a decade, Scott felt a desire to make a greater positive impact in the world. I have my dashboard camera showing me doing a journey miles away at another city traveling the M62 home. If the notice didnt get delivered, then the post office often returns to sender. I only deduced the post rule from what appears to be the current state on Contract Law and applied it here. I have now received a follow up letter which says a copy of the charge was sent within . 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. I thought it was still 40mph as the only 30mph signs were further up the 3 carriageway road (just one at each side). MoneyNerd is not associated with MoneyHelper, we just think theyre great. That is a valid defence which is often successfully argued in court. This would not prevent the police from sending the case to court. I am not saying that anyone should admit to speeding when they didnt do it. They have to go to court and lie on oath. When a driver has been going just over the speed limit the police offer them a speed awareness course. A response must be sent within 28 days of receipt of the Notice of Intended Prosecution. You may have heard that if you get a speeding ticket through the post. 2023 Guide, Statute-Barred Debt Time Limits, Your Rights & 2023 Laws, Debt Relief Orders Explained and 2023 Criteria. It statesthe allegation is supported by video/dvd evidence and/or photographic evidence. But no information as to how this can be viewed or obtained. Motoring offences which may lead to a NIP being served include: The notice of intended prosecution will provide details of the alleged offence, including the type of offence for which prosecution is being considered, the vehicle involved, the location of the alleged offence and the date and time that the offence was committed. It does not store any personal data. Is there a defence for this? You can find out more by contacting MoneyHelper. Do you think I have a clear argument for it? I WAS DOING 30 MPH IN A 30 LIMIT. Hi John Thanks for getting in touch. This is something that our specialists assess during our initial telephone consultation in addition to the prospects of being successful at trial. Stephen. This paragraph should be read in conjunction with 2.202 in cases of accidents. Conviction for failing to provide driver information. In 2015 I set up Stephen Oldham Solicitors. Their case is at court. Find out how these notice of intended prosecution loopholes and scams dont work: The police send most notices out for speeding offences, but they can use them for a whole variety of other cases such as careless driving, dangerous driving or running a red light. It states that only the name on the form can fill it it in? 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. If youre looking for expert legal advice regarding your notice of intended prosecution, contact us today for a free consultation. Saying to the police or the magistrates court: All these have been tried, tested and failed. 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. We do this from the outset of your case and throughout its duration. If I cant identify the car at the first camera, and/or dont have the time it passed that camera how do I know the details of the offence are sound? 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. Wed never recommend ignoring a notice of intended prosecution. Not only did I save 50 on fees, I also won and didnt have to pay my 271 fine. The cookie is used to store the user consent for the cookies in the category "Analytics". Some say the police will have other, clearer photos, others are not so sure. Cardiff 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. Stephen. There could be other evidence such as CCTV, mobile phone location data or witness evidence that contradicts the keepers account. However, it does act as a warning that you may be prosecuted for the alleged offence. I changed my V05 in mid Jan and the offence allegedly took place on 4th Feb. Good call on the V05 shampoo! By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. 0333 443 2366 Mobile friendly number. 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. 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? This satisfies the Notice of Intended Prosecution rules. Required fields are marked *. 3. When the police are not satisfied that they have received a proper response to the requirement to provide driver details they usually prosecute for failing to provide driver information. MoneyNerd Limiteds FCA Firm Reference Number is: 978681, You can check these details onhttps://register.fca.org.uk/s/. I recently bought a first car for my learner driver girlfriend, car had an issue and we decided to sell it on. Motoring offences which may lead to a NIP being served include: Exceeding the speed limit Careless driving Dangerous driving Disobeying traffic signs Contravening a traffic signal Using a mobile phone whilst driving I returned an NIP by email to Devon and Cornwall Police by email, an option clearly stated on the form. To see how we use, store and share your contact information you can read our privacy policy. A NIP may be issued for example for the following motoring offences: speeding; failing to conform with a traffic signal (eg. If you were speeding take the hit and stop moaning. 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. We also use third-party cookies that help us analyze and understand how you use this website. 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. It can be pretty difficult to persuade magistrates that two notices went missing. This cookie is set by GDPR Cookie Consent plugin. middle lane hogging and tailgating and reckless overtaking) Motorway offences (e.g. London If youve received a notice of intended prosecution, you may be concerned about the potential implications. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Its a bit sneaky, but last time I had a PCN, I paid 5 for a trial of an online Solicitor called JustAnswer. If you don't receive a Notice of Intended Prosecution within 14 days of the alleged offence, you can no longer be prosecuted. Usually the identity of the driver comes out of the process and they are dealt with. If you were the driver of the vehicle but not the registered keeper, the 14-day limit does not apply. Home> Notice of proposed driving disqualification. If youre caught speeding in the UK, you could be: Youll only be summoned to court for excessive speeding or if you already have at least eight penalty points on your license. Magistrates must impose six to eight penalty points (or a disqualification from driving) and an unlimited fine following a conviction. Working with an expert motoring offences solicitor will help to minimise your chances of prosecution, as any correspondence sent to police can be used as evidence in future court proceedings. Avoiding a ban for drink driving is not easy. 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. As a result of prolonged attempt to avoid liability for speeding the police often do not offer a course. When you're given a speeding ticket, you receive a Notice of Intended Prosecution (NIP) and a Section 172 notice. Will a driving conviction appear on my criminal record? The cookie is used to store the user consent for the cookies in the category "Other. The photos are labelled Photographic Evidence but to my way of thinking unless they have an entry AND exit photo theres no possible way to work out the average speed.

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