The Expert above is not your attorney, and the response above is not legal advice. You'll get another letter in a week or two demanding payment of a fixed penalty. The date of the offence was 24/12/2020, and the notice dated 30/12/2020. I received a letter today from IRCAS entitled Notice of Intended Prosecution. If you fall within the appropriate parameters, it will also offer you the alternative of going on a speed awareness course, which will cost much the same, but save you clocking up. Once the notice of intended prosecution is sent, the purpose is generally to identify the offender. If the notice isn't sent within the required time frame, it may be grounds to reject . A Notice of Intended Prosecution should be sent to the registered keeper of a vehicle within 14 days of the date of an alleged offence. Received the Notice of Intended Prosecution? 09/09/2013 16:10. 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 question. You can so choose to accept the fixed penalisation or to request a Court hearing to defend the allegation. You might also receive one if you have been nominated as the driver in question at the time of the alleged offence. If the vehicle is a company or leased vehicle the notice will usually be sent to the company first and then to the nominated driver. It is a document that informs you in detail about what you are accused of and what the government plans to do. Once this is received by the hire/lease company they will provide the . If you have received a Notice of Intended Prosecution (NIP) and are unsure what to do next, we can advise you about your options and whether you have a defence - contact us today on 0115 910 6239. This notice of intended prosecution (NIP) is usually sent with a requirement for the . Following 2 calls with the Central Ticketing Office I returned the form completed, confirming I was the driver but with a letter requesting further information and evidence as their letter didn't actually show me the offence it was . It is necessary only for certain offences. If you have not received a notice of intended prosecution within 14 days then it is unlikely that you will be prosecuted for this matter. The vast majority of notices are received in writing and typically follow the commission of a camera detected offence, such as speeding. Please confirm that no further action will be taken. Notice of Intended Prosecution lawyers. These records are based upon the address recorded on the registration certificate for the vehicle. Generally, it does not . . Step 1 - you receive a Notice of Intended Prosecution If the police believe your vehicle is involved in a road traffic offence, a Notice of Intended Prosecution will be sent to the address of the registered keeper. Every driver has a legal obligation to inform the DVLA if they move address - your logbook must be updated whenever you move house. Identifying the driver of the vehicle If you are the registered keeper of the vehicle then you need to identify the driver under section 172 of the Road Traffic Act. This is done by issuing a Notice of Intended Prosecution (NIP). I got a Notice of Intended Prosecution from the police accusing me of Failing to Stop, Failing to Report and Accident, Careless and Inconsiderate Driving. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. The Notice of intended prosecution or NIP can either be given verbally at the time of the incident or in writing (i.e. I have received a notice of intended prosecution from North Wales Police for exceeding the 30mph speed limit (41mph) in a hired minibus. Typically, this will be for any . I was in the time and the place mention in the letter so I was definitely the driver but I have NO IDEA WHAT I'M SUPPOSED TO HAVE DONE! Details of the driver of a vehicle must be supplied when requested by the Police pursuant to Section 172 of the Road Traffic Act 1988. So by failing to deal with that part of the notice you create an offence that you CAN be convicted of and which carries six points and around 800-1000 in fines and court costs. Surely this is way too late for them to take any action. A Notice of Intended Prosecution must be sent to the registered owner/keeper of a vehicle (as shown on DVLA records) with a view to it reaching them within 14 days. A notice of intended prosecution has to be served to the registered owner of the vehicles address within 14 days of the alleged offence being committed. It is then processed by the court, who will contact the defendant in due course. The form asks if you were the driver of the vehicle and gives you the opportunity to confirm this, or tell us whether someone else was driving, if it was a hire vehicle, if the vehicle had been sold or was owned by . 5. Most of the letters from the police are a combined notice of intended prosecution and a requirement to provide driver details. it related to an alleged non payment of fare in January 2017 On Greater Anglia. Notice of intended prosecution is required for certain other . It can be in oral or written form. The NIP is simply what the name suggests. Hello, Just the other day I received a NIP - Notice of Intended Prosecution from my local councils police force for speeding. Such a warning is normally known as a "notice of intended prosecution", or NIP. There are circumstances where you may not have received the NIP within 14 . I would have paid the additional 14.20 penalty fare and offered IRCAS this in the email exchange. If you were stopped by the police it may have been given verbally. There is a great deal of confusion about time limits for the receipt of a Notice of Intended Prosecution. Posting the notice within 14 days will . All advice gratefully appreciated. Section 1 RTOA 1988 provides that a defendant cannot be convicted of certain road traffic offences set out in schedule 1 RTOA 1988 unless he or she has been warned that the question of prosecution would be taken into consideration. Tags: Notice of Intended Prosecution. There are a number of reasons why you may not have been issued a notice in the post within 14 days. Unless there has been an accident, or the offending driver was warned at the time of the offence that he may be prosecuted for it, notice of intended prosecution has to be served on either the driver or the registered keeper of the vehicle within 14 days of a speeding offence. This is what a notice of intended prosecution is. Once the notice of intended prosecution is sent, the purpose is generally to identify the offender. If you've been caught by a policeman operating a radar . A Notice of Intended Prosecution (NIP), also known as a Section 1 warning, is a warning issued under Section 1 of the Road Traffic (Offenders) Act 1988. of prosecutions for certain offences. It is simply to notify that the police may take action. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. Notice of Intended Prosecution Facebook; Twitter; Instagram; Notice of Intended Prosecution. This notice of intended prosecution (NIP) is usually sent with a requirement for the . A court summons may be sent within 14 days. You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. When you receive a notice, it does not mean the prosecution will necessarily happen. It essentially acts as a warning to the accused. A Notice of Intended Prosecution form is sent to the registered keeper of the vehicle within 14 days of the alleged offence. If it was received after 14 days, you may not be prosecuted. But where the notice is not received at all, the only way to prove this may be to give evidence in court. 2) The Notice of Intended Prosecution was sent to the Registered Keeper within 14 days of the index offence but received by the Registered Keeper more than 14 days after the alleged offence. The police officer may provide verbal or non-verbal notice of intended prosecution or send a notice to the registered vehicle keeper. If you have been charged with failing to notify driver's details, please contact us on 01623 397200 so we can offer you free advice. First, lets get our terminology sorted out. Motorbike licence since 09/2018 (No traffic offence, no accident history. If 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. (a) by . A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. The Notice is simply what the name suggests. What the bloody 'eck! NIP arrive on 1 May 2021. Notice of Intended Prosecution. Two weeks ago I received a Notice of Intended Prosecution for an offence I do not believe I was involved in. This request places a legal obligation on the registered keeper to provide the details of the driver of the . I have received a Notice of intended prosecution for speeding, the offence was made on 26/06/2021 and the letter arrived yesterday, but it clearly states the date of issue 06/08/2021, hence 41 days. Will a prosecution follow? The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. Instances where the registered keeper may not be the offender. Forrest Williams offer a fixed fee service whereby we review your situation and guide you through correct completion of the Notice of Intended Prosecution. RTOA 1988 said: 1. Completing this form and signing it is a legal requirement under Section 172 of the Road Traffic Act 1988. Date of Offence: 25 April 2021. Answer. The form asks if you were the driver of the vehicle and gives you the opportunity to say whether it was someone else driving, if it was a hire vehicle or the vehicle was owned by someone else at the time of the . If the postal date suggests that the 14-day rule has not been complied with, the task of proving non-conformity is relatively easy. If you fall into this category you can, in certain circumstances, make a statutory declaration that you did not receive the notice. The Notice of Intended Prosecution does not require a formal signature. 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.When you receive a NIP it doesn't automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.The NIP must be served on the driver or registered . Common offences requiring a NIP include dangerous driving . It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. if you get a ticket from a speed camera) and must be received within 14 days of the offence (or dispatched so that it would reach the driver within the 14 days within the ordinary course of the post). If you have received a Notice of Intended Prosecution through the post, you will need to complete the form and return it to the Dorset Police Central Ticket Office. notice of intended prosecution: intimation that must be made to a person of the intention to prosecute him for a road traffic offence and which is necessary if court proceedings are to follow. TW. The registered keeper is the person and/or company whose details are held on the DVLA database. I have already paid the fare. This typically includes offences such as speeding, careless driving, dangerous driving or driving whilst using a mobile . Once you have received the NIP, it will usually be accompanied by a 'Section 172' request for driver details. Now I'm not from here (clearly) but if I do recall and remember the A30 at roseworthy going eastbound has two lanes! The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. The offence of failing to provide driver information does not require the service of a notice of intended prosecution. The notice must be given within 14 days of the alleged commission of the offence. Generally, it does not . If this does not happen and the 6 month period expires without the . There are, however, some exceptions to this and you may still be prosecuted even if you did not receive the NIP within 14 days. Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. Here's what to do when you receive a Notice of. A written notice of intended prosecution is only required if you were not "warned at the time the offence was committed that the question of prosecuting [you] for some one or other of the offences . Notice of Intended Prosecution received on day 6 from the date of offence. Location. A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. We are required to send the NIP so that you will receive it within 14 days of the date of the offence stated. A notice of intended prosecution is sent to people when there is an allegation of a motoring offence such as speeding. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. Once six months has lapsed the case can no longer be . A 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). A Notice of Intended Prosecution form is sent to the registered keeper within 14 days of the offence. If you have been served a Notice of Intended Prosecution then you should contact our road traffic lawyers immediately. Written warnings received by drivers . Section 172 of the Road Traffic Act 1988 places an obligation upon the registered keeper of the vehicle to complete and name the person driving the vehicle at the time of the alleged offence. Answer (1 of 3): Assuming UK: Wait. I have just received notice of intended prosecution for 55mph in a 30 and im already on 6 points. Once a Notice of Intended Prosecution or a verbal NIP has been received (eg in the police car after being stopped) the driver has to wait upto six months from the issue of the NIP written or verbal and if contested six months from the last correspondence in which the court can pursue him. Notice of Intended Prosecution (NIP) and Requirements. A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. The courts understand that given the volume of speeding offences committed on a daily basis there will be times when people do not receive the notice of intended prosecution. In short, a notice of intended prosecution is a letter from the police that informs you that they are considering prosecuting you for a driving offence. The notice must be given within 14 days of the alleged commission of the offence. Requirement of warning etc.