If the details are incorrect or, out of date then put the correct details in your reply; 5. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. If a driver fails to respond to such a requirement then he can still be charged with a contravention of section 172 which carries a punishment of 6 penalty points. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. I arrived home from work to a letter from the Metropolitan Police with a "NOTICE OF INTENDED PROSECUTION" Stating that "Under section 1 of the Road Traffic Offenders Act 1988, we intend to take proceedings against the driver of the following motor vehicle for the offence alleged below: The last thing you want to do is to state that someone was driving based on poor quality B/W photos & when you arrive at Court you are shown clear colour pictures demonstrating you were wrong. can you identify by reference to any diary where each person was at the relevant time; check mobile phones for the day in question (and earlier) to see if there are text messages, calls etc that may shed light on the whereabouts of any potential driver; check visa & credit cards to see if any of the potential drivers spent money on the route in question on the relevant date. This includes things like: Registration details Date and time of alleged traffic violation The location of the alleged offence The fact that you disagree with the allegation does not mean that you are entitled to withhold information in relation to the identity of the driver if it is required. WebPENAL CODE. If you do not comply with a NIP & have no defence, your licence will be endorsed with 6 points & you will face a variety of financial penalties, including a fine. ), Patterson Law Limited is a law firm authorised and regulated by the. Therefore the knowledge of an experienced solicitor is invaluable at this stage.The dramatic rise in speeding prosecutions and the increasing number of speed cameras and traps peppered around the country means that we now have more people than ever before with live penalty points on their licence. 1.Failure to Appear. For certain offences, a NIP must be sent (unless the driver was stopped and warned at the time) and must be served on the registered keeper within 14 days. WebA Notice of Intended Prosecution (NIP) is a notice issued by the police that informs an individual that they intend to prosecute them for a motoring offence. The European Court of Human Rights decided that drivers do not have a right of silence and ARE required to answer the identity question in terms of Section 172 of the Road Traffic Act. If the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). If you think any errors in relation to your details are important, get professional advice. However there IS a legal obligation to respond to a requirement to identify the driver. They are that you: You should also plead not guilty if you returned a validly completed NIP within the prescribed time period but, the Police say your reply was not received. I suspect it is a scam. Generally, the Police or Crown Prosecution Service have 6 months from the date of the alleged offence in which to issue proceedings. Finally, it is very important to note that a late Notice of Intended Prosecutionin no wayremoves the legal obligation upon a person to identify the driver of a vehicle when required to do so under section 172 of the Road Traffic Act 1988. It would be best to get legal advice as to the exact basis on which you are going to contest the charge & the evidence that you and/or others may have to give. If you receive a requirement for information and do not know who the driver was at the time of the alleged offence, it is essential that you take advice from a specialist motoring solicitor. of prosecutions for certain offences. We discuss the issue of the Section 1 warning relative to these three offences in more detail below. This is the name of the police force prosecuting you. The information provided on this website is true and accurate to the best of our knowledge and belief. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Under s2 (1) Road Traffic Offenders Act 1988, if an accident has occurred this dispenses with the need to serve a notice of intended prosecution as the accident itself is deemed to put the driver on notice that they could be prosecuted. What happens if a limited company does not comply with a NIP? A Notice of Intended Prosecution is usually sent with a Request for Driver Information. There are a number of reasons why you may not have been issued a notice in the post within 14 days. I was warned for dangerous driving but am being prosecuted for careless driving, I have received a NIP but the offence was more than 14 days ago, I have received a Notice of Intended Prosecution but know for a fact that my car was off the road. The police sometimes do not always use the words speeding or careless driving or dangerous driving. This is because dangerous driving and careless driving are statutory alternatives by virtue of section 24 of the Road Traffic (Offenders) Act 1988. Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. If it is served by post it should contain the following details: There are some exceptions to the rule that a notice must be served within 14 days of an alleged offence. If the recorded speed was too high for a speed awareness course (10 % above the speed limit + 9 mph is the usually applied threshold) then a fixed penalty may be offered. Trustpilots top-rated road traffic law specialist, In 2001, I established the first firm in Scotland to dedicate itself to the specialisation of road traffic law, Graham Walker, founder of Roadtrafficlaw.com Ltd. For peace of mind contact us today. the driver could have been one of a number of people but, you are not sure exactly who it was; where family members are involved in a long journey, often going on holiday & take turns to drive but have no recollection of who was behind the wheel when the speeding offence was committed; or, the car could be driven by more than one employee & no log was maintained to record who drove each vehicle on any specific day; or, where work colleagues share the driving on a long drive allowing each the opportunity to relax or deal with emails on their phone. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. This could be money spent on petrol, refreshments etc. he or she was in the country at the time of the offence; he or she has returned abroad or has gone abroad for an indefinite period; and. In those circumstances there is no need for a warning. It is for a speeding offence on a motor scooter which yes, we own, but it was nowhere near London when the alleged offence took place. This Guide covers what a Notice of Intended Prosecution is, to which offences it applies, what form it has to take and the required timeframes. (2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him. If the police have stopped you at the roadside and charged you with one of the above offences it is likely you will receive a verbal section 1 warning. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988 which provides: 1. WebWhat is a notice of intended prosecution? What if it was not my car caught by the camera? People who share the use of a car & receive a NIP may have a conversation as to who has the least points & who should admit being the driver when the offence was committed. From feedback we have received, our clients are not always sure if they have been issued with such a warning. Check that the notice contains your correct name, address and date of birth; 2. Remember that this offence carries a significant 6 point penalty! It should also be noted that a section 1 warning does not require a particular form of words. The most common offences for which a warning is required are: in Scotland(Road Traffic Act 1988, section 3), If the police have stopped you at the roadside and charged you with the offence of, , it is likely you will receive a verbal section 1 warning. If you have an option to reply electronically or, online then that is a better course of action. Yes in fact, two specific defences are set out in the Act of Parliament creating this offence. It has to be sent within 14 days of detection of the alleged offence and has to specify: the nature of the alleged offence date and time the alleged offence happened the place the alleged offence happened. Therefore a driver MUST receive either a verbal warning at the time of the alleged offence or receive a written notice of intended prosecution within 14 days. If there is also a requirement to identify the driver you still need to respond to this. We use cookies to help improve your experience and our services. We have the highest satisfaction rating of any road traffic firm in the UK. What if more than one person could have been the driver? WebFor certain road traffic offences the driver must be given a warning that he faces prosecution. WebIf you've been caught speeding by a speed camera, or you've been stopped by the police, you'll be sent a Notice of Intended Prosecution and a Section 172 Notice within 14 days. The time limit for a written warning is 14 days from the date of the offence. WebThe purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still 2.01. How long do the Police have to issue proceedings? It should be noted in terms ofsection 2 of the Road Traffic (Offenders) Act 1988that there are exceptions to this rule. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. Motoring Offence Lawyers Ltd is regulated by the Solicitors Regulation Authority Company number: 7497109. A fundamental nullity such as the particular court having no jurisdiction in the case or the case being "time barred" cannot be amended and will vitiate proceedings. I got a letter from the Met Police saying someone driving what looks like our car broke the speed limited in North London - 20 miles away from where we live. The deadline to respond is today. The registered keeper is the person listed by DVLA . So, for example, someone is seen by civilians contravening a solid white line or witnessed undertaking or tailgating, all classic examples of careless driving in Scotland. The purpose of a notice of intended prosecution (NIP) is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory. Posting the notice within 14 days The enquiries you should make of yourself & others include: Document the enquiries you make especially if they were made by email so that you can demonstrate the lengths you went to, so as to identify the driver. Enforcement procedure A motorist caught on speed camera should receive a written warning, for example. The law surrounding careless driving in Scotland and notices of intended prosecution is, therefore, a complex area of the law for which specialist legal advice should be sought. Sec. The Notice is simply what the You may then be well advised to liaise with DVLA on getting a new registration plate. North Yorkshire Police have received reports of the scam whereby people are being emailed with false Notice of Intended Prosecution letters (NIP) regarding alleged speeding offences. I got back last night and only saw the letter today. Our managing director Steven Farmer is a gifted academic who graduated top of his year from Glasgow University. Under s2 (3) Road Traffic Offenders Act 1988, an exception to the requirement to serve a notice of intended prosecution may apply if the police are unable to trace the registered keeper of the vehicle within sufficient time to serve it within 14 days. WebIf you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. Within the same letter will be a requirement to identify the driver. WebCriminal Forms. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. We are friendly and approachable. The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution. Under s1 Road The Verbal Notice of Intended Prosecution. BURDEN OF PROOF. If you are a probationary driver & get 6 points for this offence your licence will be revoked. A written Notice of Intended Prosecution must include the nature of the alleged offence and the date and place it was alleged to have been committed. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? Moreover you can only be successfully prosecuted if you are warned for the correct offence or at least a more serious alternative offence. If convicted, the company can only face a financial penalty. The main exception is if there is an accident. The police normally send the notice to the registered address of the vehicle according to DVLA records. No. Additionally only the registered keeper requires to receive the warning within 14 days. The civilians report the matter to the police who visit the accused 10 days later. You will receive the NIP within 14 days after the alleged crime. The warning at the time does not require a specific form of wording so long as the meaning is clear. We have found that the written warnings received by drivers caught on speed camera (i.e. If you want to appeal you have to go through the court, not the police. We are invited, founder members of the Association of Motor Offence Lawyers. It should also be noted that the burden of proof lies with the accused. the make & registration number of the vehicle; the date & time when the alleged offence was committed; and, you cannot identify the driver nor anyone who potentially could have been the driver; or. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. Requirement of warning etc. This stems from the fact that a Notice of Intended Prosecution is sent under section 1 of the Road Traffic Offenders Act 1988. Again, remember to take off the day of the alleged offence. You should contest the charge & hopefully be able to evidence that neither you nor your car were at the location where the alleged offence occurred. The matter will be referred to the magistrates court if you A. The information is intended to provide a basis for understanding the legislation. If you cannot identify the driver, then you need to return the NIP with a covering letter either stating that: Make sure you send this response within the prescribed time limit & keep a copy of what you send. need to be a collision or damage. The flash of a GATSO camera in your rear view mirror is often the start of that sinking feeling that lets you know that your licence may be in jeopardy. It is for the accused to prove that he did not receive a warning (or the correct warning). The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. Such a subsequent warning must be delivered (a) within 14 days (which would be fulfilled in this example) and (b) must be in writing (which would not). If the police only charged you with speeding and only warned you that you may be prosecuted for speeding then you cannot be convicted of dangerous driving. But dont take our word for it. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. In those circumstances there is no need for a warning. You may have to go to It can be in oral or written form and we say more on this below. A limited company is a legal entity & can be sued in civil proceedings & prosecuted in criminal proceedings. I was stopped by the police but haven't received my written warning. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. Contact us if you think it should be reopened. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Notice of intended prosecution Vasilica Ciobanu made this Freedom of Information request to Metropolitan Police Service (MPS) This request has been closed to new correspondence. WebCompleting your form If you have received what people commonly call a 'speeding ticket', you will have had a 'Notice of Intended Prosecution' letter from Warwickshire Police. that there are exceptions to this rule. You will usually receive a Notice of Intended Prosecution (NIP) if there is an allegation of speeding offence and you are the registered keeper of the vehicle in It is all we do every day nothing else making us a leader in our field. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. If, for example, the police charge you with Dangerous Driving in Scotland, the charge also constitutes the Section 1 warning. It should also be noted that the burden of proof lies with the accused. A Section 1 warning is not required for every alleged road traffic offence. However it is clear that something of real significance must occur. In those circumstances a verbal warning will not suffice. It is not always appreciated by motorists that any correspondence sent to the police can be used in evidence in future court proceedings. Near misses may constitute accidents but it will depend on the precise nature of the event. WebThe Dorset Police Central Ticket Office will then issue a new Notice of Intended Prosecution to the driver you nominated. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. As an example, a speed of 95mph or more in a 70mph zone will generally always result in an SJPN being issued as this is speed too high for either a Speed Awareness Course or offer of a fixed penalty. This position is based upon our outstanding track record and commitment to client care. They do not, however, require to do both. In these circumstances a written Notice, issued by Police Scotland, will be sent to the registered keeper outlining the circumstances of the alleged offence. Check that the notice contains your correct name, address and date of birth; If the details are incorrect or, out of date then put the correct details in your reply; Make a note of when and where you posted it; If you have an option to reply electronically or, online then that is a better course of action. You legal obligation to respond applies irrespective of time limits or whether you were the driver. Examples of how this can happen include: In the above situations, the person who receives the NIP is expected to make all reasonable enquiries of those who could have been the driver to see if they can establish who the driver was. I have got a fixed penalty notice but I cannot afford to pay the whole amount. It is for a speeding offence It should also be noted that the burden of proof lies with the accused. (3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved. Some detailed information in respect of certain offences is contained in our learn more boxes below. However it is clear that of real significance must occur and, often, near misses may constitute accidents. If you admit to being the driver it does not necessarily follow that you accept having committed the offence as the police will still be required to prove all other aspects of the offence. There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. If you have incurred 6 or more points within 2 years of passing your driving test, your licence will be revoked. PROOF BEYOND A REASONABLE DOUBT. If the driver of the vehicle was stopped by the police for example a person believed to have been speeding is followed and then pulled over by the police, the officer will usually issue a Verbal Notice of Intended Prosecution.If a verbal NIP has been given at the time of the offence, then the Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. WebNotice of Intended Prosecution (NIP) Section 172 notice You must return the Section 172 notice within 28 days, telling the police who was driving the car. WebNotice of Intended Prosecution NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I In the event that the Procurator Fiscal's office seek to start proceedings in the absence of a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of section 1 of the Road Traffic (Offenders) Act 1988. In the vast majority of cases, such a prosecution will not happen. The paperwork does not explain in simple terms what you need to do. The police may also obtain the details of the directors of the company and issue separate documentation on them where the company does not cooperate with its requests for information. WebIf 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. On the other hand, if you are warned for dangerous driving, this will suffice. In the event that the Procurator Fiscal's office seek to start proceedings in the absence of a timeous NIP (Notice of Intended Prosecution) then the driver MAY have a defence in terms of, A person charged with Dangerous Driving in Scotland cannto be convicted unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. If the police do neither, however, the failure to send you a written warning may constiute a defence to a subsequent charge against you. We have found that the written warnings received by drivers caught on speed camera (i.e. Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. It is for the accused to prove that he did not receive a warning (or the correct warning). Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of, Finally, it is very important to note that a late Notice of Intended Prosecution, A person cannot be convicted of careless driving in Scotland unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur. NOTICE - This email and any attachments are solely for the intended recipient and may be confidential. Moreover you can only be successfully prosecuted if you are warned for the correct offence. A person cannot be convicted of careless driving in Scotland unless, subject to certain exceptions, they have received a timeous warning that such a prosecution may occur.

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