The Reminder does not extend the time for complying with the original Notice. You must report the collision no matter who was at fault. 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. Its important to check your records for any penalty points on your driving licence. Offences for which a notice must ordinarily be served include speeding, contravening a traffic signal (e.g. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. The Notice is simply what the name suggests. Its dated 16th January and the alleged offence was on the 14th January. But dont take our word for it. But they are not usually sufficiently serious so as to invalidate the Notice. Some detailed information in respect of certain offences is contained in our learn more boxes below. Call us now or complete a contact form on the right-hand side for advice about how to deal with a notice of intended prosecution. (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. 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. Near misses may constitute accidents but it will depend on the precise nature of the event. A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible 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. If the police have stopped you at the roadside and charged you with the offence of Speeding in Scotland or Dangerous Driving in Scotland, it is likely you will receive a verbal section 1 warning. The registered keeper has a separate legal obligation to ensure that this address is kept up to date and the NIP will be considered legally served if sent to the address recorded on the registration certificate (log book) for the vehicle. We are friendly and approachable. How long do the Police have to issue proceedings? In those circumstances there is no need for a warning. Get the right support and representation at the earliest opportunity! WebIf you want to appeal and go to court. The second is where the police have receive a report from a member of the public of a relevant offence or the police have witnessed an incident but not warned the driver at the time. Telephone: (214) 653-7307. failing to conform with a traffic signal (eg. It is for the accused to prove that he did not receive a warning (or the correct warning). Make a note of when and where you posted it; 7. Such a subsequent, warning must be delivered (a) within 14 days and (b) must be in writing. These rules apply irrespective 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. Research in 2016 showed that one in 12 cars on UK roads could have cloned registration plates. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. etc. 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. If it is not or, if DVLA mistakenly provides the wrong address to the Police, this does not give you a defence to a charge of not complying with a NIP. 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. The notice is designed only for you to confirm that you were the driver or, for you to identify one other person as being the driver. Why So Much Free Information Whats The Catch? What happens if I knowingly provide false information as to who was driving? Without Due Care And Attention ( Careless Driving ), Professional Drivers Hackney Cab & Private Hire, How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 1 Road Traffic Offenders Act 1988. 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. Points are relevant from date of offence to date of offence for any speeding charge. I have got a fixed penalty notice. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. What happens if a limited company does not comply with a NIP? It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. When is a Notice of Intended Prosecution deemed Served? Therefore if you are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. If the details are incorrect or, out of date then put the correct details in your reply; 5. There is no legal obligation to respond to a Notice of Intended Prosecution. The civilians report the matter to the police who visit the accused 10 days later. 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. As you are liable for a 6-month driving ban under what is known as the totting up procedure when you reach 12 or more points, you do not want to get 6 points if you can avoid doing so. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. In road traffic cases, however, the accused person, if required under Section 172 of the Road Traffic Act 1988, is obliged to give information, within his knowledge about the identity of a driver of the vehicle involved in any such incidents. However it is clear that something of real significance must occur. If you have received this email in error, please notify the sender and delete it from your system. Typographical errors are excusable. This is because the letter usually also warns the driver that they may be prosecuted for dangerous driving or careless driving. 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. If those enquiries do not establish who the driver was the NIP should be returned with a covering letter listing: At this stage you need not include your enquiries in the written response, but you should document them in case you end up in court. (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. For example, if you lease your car, the lessor will be the registered keeper. If you have received a Notice of Intended Prosecution (NIP) we know that you will be worried and you will want to check whether or not it is legally compliant with the requirements of Section 1 Road Traffic Offenders Act 1988. The limited company is then under the same obligations as an individual so far as the NIP is concerned. 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. I have got a fixed penalty notice but I cannot afford to pay the whole amount. Enforcement procedure 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. If the police have issued you a verbal warning, or charged you with an offence, there is no requirement for a written warning. Who is the registered keeper of a vehicle? Moreover you can only be successfully prosecuted if you are warned for the correct offence. The V5C, or vehicle logbook is a legal document issued by DVLA outlining essential information about the car like: date it was first registered; manufacturer; colour; engine size; and name of registered keeper. You must still comply with a NIP received late & then argue the point when the case comes to Court. 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. For example, if you lease your car, the lessor will be the registered keeper. RECEIVED COURT PAPERS FOR A MOTORING OFFENCE? 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. A warning for careless driving will not suffice in respect of a subsequent prosecution for dangerous driving in Scotland as the latter is a more serious charge than the former. It is for the defence to prove that the section has not been complied with. 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. Am I disqualified from driving if I receive a Notice of Intended Prosecution? When you receive it, you'll notice that the process can be confusing. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. It should also be noted that a section 1 warning does not require a particular form of words. 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. That is probably when the worry sets in. This is made clear in section 1 of the Road Traffic (Offenders) Act 1988which provides: (1) Subject to section 2 of this Act, a person shall not be convicted of an offence to which this section applies unless(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and placewhere it is alleged to have been committed, was(i) in the case of an offence under section 28 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.1A) A notice required by this section to be served on any person may be served on that person(a) by delivering it to him;(b) by addressing it to him and leaving it at his last known address; or(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. In the vast majority of cases, such a prosecution will not happen. A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. I suspect it is a scam. Does the Crown need to prove they sent a Notice of Intended Prosecution? It can be in oral or written form. This is done by issuing a Notice of Intended Prosecution (NIP). If the company fails to comply with the NIP for any reason whatsoever, it is likely to be prosecuted. It is therefore important that you do comply with a NIP especially if you were not the driver at the time an offence was committed. 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. However it is clear that something of real significance must occur. A NIP may be issued for example for the following motoring offences: It is vital that you deal with it correctly as it is very easy to get the procedure wrong. The validity of a complaint depends upon a number of factors. 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. Cloning happens when someone uses the same number plate that is registered to your car to avoid paying fines, road tax, insurance or engage in criminal activity. You can phone us on 0151 601 3743. Yes, subject to certain exceptions. What exactly is a NIP? There are certain exceptions, the most common of which is that no warning is required is if there has been an accident. If the vehicle was not stopped at the time it may be served by post on the registered keeper of the vehicle within 14 days. Please help.