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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. The photos provided show a car which is identical and with the same licence number. WebNotice of Intended Prosecution; Section 172 notice; They, or in the case of a company vehicle, the company secretary, must return the notice within 28 days telling the police who was driving the vehicle. You can phone us on 0151 601 3743. You have to return the Section 172 Notice within 28 days to inform the police of who was driving the car. The warning at the time does not require a specific form of wording so long as the meaning is clear. Enforcement procedure This could have major repercussions for you. The information is intended to provide a basis for understanding the legislation. 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. This satisfies the Notice of Intended Prosecution rules. There are a number of reasons why you may not have been issued a notice in the post within 14 days. The same time limit applies for Dangerous Driving in Scotland as for Speeding in Scotland or Careless Driving in Scotland. I've been away from home for the past 4 weeks. What will not suffice, however, is a verbal warning and/or charge delivered, for example, the next day. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. As addressed above, under DCF policies adopted in 2011 that remain in effect today, DCPP is required to accept and investigate all reports and referrals of child-on-child sexual abuse and child-on-child Notice of Intended Prosecution Motoring Offences The Notice is simply what the name suggests. What if it was not my car caught by the camera? The main exception is if there is an accident. 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. However, it may still be charged with failure to furnish information and pay a fine of up to 1,000. MET the offence of Speeding in Scotland) often cause a high degree of alarm. (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. We use cookies to help improve your experience and our services. Can I be convicted of dangerous driving? What can I do? The police normally send the notice to the registered address of the vehicle according to DVLA records. Youll find information about the offence in the notice. The warning at the time does not require a specific form of wording so long as the meaning is clear. This position is based upon our outstanding track record and commitment to client care. Or call our helpline: 01752 487701. What happens if I do not comply with a NIP? WebA notice of intended prosecution is issued to every motorist if there are allegations of speeding. The NIP should be accurate. The key point is whether the proceedings were issued in time. However in certain circumstances the Crown may be precluded from obtaining a conviction. However, if there was a number of possible drivers you should include in response the names, addresses and dates of birth of them all, explaining why you are not sure who the driver was. The NIP is served to the vehicle's registered owner or the appointed driver at the time of the alleged offence. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention ofsection 2orsection 3of the Road Traffic Act 1988. Instead they sometimes say that they are warning you that you may be prosecuted (for example) for a contravention of section 2 or section 3 of the Road Traffic Act 1988. It is settled, therefore, that being charged with careless driving at the time of the incident will also fulfil the purpose of a section 1 warning. The paperwork does not explain in simple terms what you need to do. The time limit for an oral warning is strict. It is for the accused to prove that he did not receive a warning (or the correct warning). Near misses may constitute accidents but it will depend on the precise nature of the event. In those circumstances there is no need for a 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. You will receive the NIP within 14 days after the alleged crime. But most Police forces do so. If there is also a requirement to identify the driver you still need to respond to this. Contained within the same letter is a requirement to identify the driver. Failure to do this is an offence in itself. Unless a written notice of intended prosecution is provided, the accused will have a legal defence to the charge. In early 2020, DCF changed its practices for handling reports of child-on-child sexual activity and child sexual abuse by non-caregivers. NDAs and the Public Interest a beginners guide for Matt The police can issue a NIP verbally after the vehicle has been stopped, or served by post within 14 days of the alleged offence. Therefore if you, are warned for speeding you cannot be successfully prosecuted for careless driving in Scotland. "Failure to provide", attracts a 6 penalty point endorsement. If you received it late or did not receive it at all, the presumption of service can be rebutted based on your evidence. Operation Snap 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. 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. In our experience, the police tend to be honest about such errors and the necessary evidence can be obtained in cross-examination. Some detailed information in respect of certain offences is contained in our learn more boxes below. What happens if I knowingly provide false information as to who was driving? WebNotice of Intended Prosecution NOIP | Metropolitan Police Notice of Intended Prosecution NOIP Freedom of information request reference no: 01.FOI.22.023001 I The time limits are the same irrespective of the offence. The police sometimes do not always use the words speeding or careless driving or dangerous driving. 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 must still comply with a NIP received late & then argue the point when the case comes to Court. In cases where injury or damage to property has occurred then the requirement for an NIP does not apply.We often advise clients to make no comment when questioned by the police, beyond the formal details, of name, address and sometimes, date of birth. Notice of Intended Prosecution (NIP) Time Limits Copyright Roadtrafficlaw.com Solicitors Ltd (c), A Notice of Intended Prosecution is a warning issued to persons suspected of certain road traffic offences. No. 1.Failure to Appear. But they are not usually sufficiently serious so as to invalidate the Notice. 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. Finally, it is very important to note that a late Notice of Intended Prosecution in no way removes 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. Although a certain latitude can be allowed, significant errors as to time and/or place can potentially mean the Notice is invalid and cannot be relied upon by the prosecution. It is this person that must receive the warning within 14 days. a red light); use of mobile phone while driving or dangerous driving. he or she has insurance to drive the vehicle at the time of the offence. It can only be issued at the time of the offence. It is important to note, however, that only the registered keeper requires to receive such a warning within 14 days. WHAT TO DO IF YOUR LICENCE IS REVOKED BY DVLA, The offence for which prosecution is being considered (e.g. It should also be noted that the burden of proof lies with the accused. While this may seem a decision with no risk of repercussions, you cannot be certain of that. 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. Common offences that require an NIP on the NIP offences list are; Speeding, careless driving and dangerous driving as well as traffic signal / sign offences. However, this does not apply to There is no legal obligation to respond to a Notice of Intended Prosecution. 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. Under s1 Road As amended through January 27, 2023. 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. If you are also the registered keeper, this may well mean that you have a defence against the charge. Speeding The main exception is if there is an accident. 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. Check that the notice contains your correct name, address and date of birth; 2. This stems from the fact that a Notice of Intended Prosecution is sent under. 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. I have got a fixed penalty notice. WebA Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). Dear Metropolitan Police Service (MPS), I have a notice of intended prosecution on official-looking paper, but it doesn't ring true. A Guide to a Notice of Intended Prosecution - Motoring No. In such cases a written warning must, subject to certain exceptions, be issued within 14 days. It is for the accused to prove that he did not receive a warning (or the correct warning). Again, remember to take off the day of the alleged offence. WebIf the police believe that you have commited certain road traffic offences, they must issue a Notice of Intended Prosecution ( NIP ). 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. The most common offences for which a warning is required are: Some common offences which do not require a Notice of Intended Prosecution include: A section 1 warning takes two main forms oral or written. 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. 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. This is perfectly competent but it can also create confusion. What is the charge? What Is A Notice Of Intended Prosecution? If a "speeding in Scotland" charge has been reported to the Procurator Fiscal's office, proceedings are likely to be initiated by way of summary complaint. The information below will provide you with advice on how to complete the form within your letter, as well as some frequently asked questions. Police I was warned for speeding. It should also be noted that the burden of proof lies with the accused. For queries about Notices of Intended Prosecution please use the 101 non-emergency form and put for the attention of the Road Safety Team. On the other hand, if you are warned for dangerous driving, this will suffice. When you receive an NIP, it doesnt automatically mean that you are going to face prosecution, it is a warning that you may face 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. This is because the police sometimes do not always use the words speeding or careless driving or dangerous driving. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. When counting the 14 days you take off the day of the alleged offence, therefore counting the 14 days from the day after. This is usually determined by whether you have been stopped by the police or not. CHAPTER 2. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). The time limit for a written warning is 14 days from the date of the offence. The police will often do both. 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. The limited company is then under the same obligations as an individual so far as the NIP is concerned. When you receive it, you'll notice that the process can be confusing. 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. The Police are not under a duty to send reminders. 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. That person should then identify you as the driver. 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. The notice is issued by the police in motoring cases. In practice the police will usually do both provide a verbal warning of intent to prosecute and caution and charge the driver. The deadline to respond is today. WebPENAL CODE. If a car is registered to a limited company, or the company is the customer of the lease company the NIP will be sent to the limited company. In those circumstances there is no need for a warning. In those circumstances a verbal warning will not suffice. It is very common, therefore, for the driver to receive his own warning after 14 days has elapsed. Who is the registered keeper of a vehicle? A notice of intended prosecution sometimes referred to as a NIP, provides formal notice to a possible (4) Schedule 1 to this Act shows the offences to which this section applies. We do not charge for initial consultations and often provide free advice especially in the early stages of a case.