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- Fail to reply to the requirement to provide driver details and you risk a prosecution. The penalty for not replying to the notice is 6 penalty points and a fine of up to £1000.
thedrivingsolicitor.co.uk/2015/03/13/should-you-respond-to-a-notice-of-intended-prosecution-nip/Notice of Intended Prosecution (NIP): Should you respond ...
People also ask
What happens if you don't reply to a driving notice?
What happens if a driver fails to report a speeding ticket?
What if a police officer doesn't respond to a notice?
What happens if you don't provide Driver Details?
What really matters is how you respond if you don’t know who the driver was, or if the notice is defective in some way. What happens if the notice doesn’t arrive or isn’t seen by the keeper? The answer is not as simple as it might seem, and I have dealt with many cases where the notices did not arrive in the post.
Mar 13, 2015 · The maximum penalty for dangerous driving is up to 2 years in prison, a minimum driving ban of 12 months and an extended retest at the end of the ban. The maximum penalty for not responding to the requirement to provide driver details is a fine and 6 penalty points. The driver might think.
- Solicitor
- Stephen Oldham Solicitors
You don’t have to pay a parking ticket if you’re waiting for an answer to your appeal. If you’ve been sent letters that put pressure on you to pay, call or write to whoever is chasing you and ask them to stop.
- Notice of Intended Prosecution Loopholes and How They Can Backfire
- Empty Reply
- Nominating Someone Who Has Gone Overseas
- Nominating Your Wife/Husband/Family Member/Friend
- Companies Ignoring The Notice
- Saying That You Didn’T Receive The Notice in The Post
- Saying It’S Not Fair
- Sending An Unsigned Reply to The Notice
- Why It Is Not Worth It?
- But Don’T Some People Get Away with It?
Countless suspects try to avoid fines, penalty points and driving bans through notice of intended prosecution loopholes and scams. The consequences of failure are serious and can even end with a prison sentence for perverting the course of justice. The police send out thousands of notices to drivers suspected of speeding and other offences every ye...
The scam
Some people send an empty envelope to the police or an envelope with a blank piece of paper inside. They make sure that the envelope is sent by registered post. When the case goes to court they produce the receipt for the registered post showing the letter was delivered and signed for by the police.
Why it won’t work
Most police forces send a reminder when they don’t get a reply to the first notice. They can refer to the reminder at court. Police post rooms should keep a log of suspicious letters. They might be able to cross-reference the registered post receipt with the dodgy letter.
Possible consequences
1. Conviction for failing to provide driver details 2. Conviction for perverting the course of justice
The scam
The registered keeper was driving when they set off a speed camera. When the notice comes from the police they make up a name and a foreign address or they use a genuine name of someone who lives overseas but who wasn’t driving. They fill in the notice with the false details.
Why it won’t work
The police will write to the false person who is overseas. They don’t receive a reply due to the fact that they don’t exist. Then they write to the registered keeper again for more details. If the police can prove that the person does not exist or wasn’t driving the keeper will be prosecuted for failing to provide driver information or even perverting the course of justice. When the police cannot say if the nominated person exists or not they often charge the keeper with permitting no insurance.
Consequences
1. Conviction for failing to provide driver information 2. Conviction for permitting no insurance
Sometimes this is called giving your points to someone else. People often try is when they already have nine points on their record and they risk being banned as a totter with 12 points.
The scam
Limited companies are often recorded at DVLA as the registered keepers of vehicles owned by the business. The company receives the notice from the police requiring the details of the driver. The company director/secretary/manager/owner/employee knows that if the company is prosecuted for failing to provide driver information it can be given a fine of up to £1,000. But a company can’t get penalty points. The company simply ignores the notice. That way the driver of the vehicle doesn’t get pros...
Why it doesn’t work?
The police can still make further enquiries and send notices out to everyone on the insurance database who is covered to drive the vehicle. Those people have to reply or they risk a personal prosecution and six points for failing to nominate the driver. Usually the identity of the driver comes out of the process and they are dealt with. The company still gets fined for failing to provide driver details as well. The police can also prosecute any “director, manager, secretary or similar officer...
Consequences
1. Conviction for failing to provide driver information. 2. In extreme cases conviction for perverting the course of justice.
Not to be confused with genuine cases where someone did not receive the notice in the post. That is a valid defence which is often successfully argued in court. Also, not to be confused with cases where someone doesn’t get the notice because they have moved and not notified DVLA that the registered address of the vehicle has changed. That is not a ...
How it works
Saying to the police or the magistrates’ court: 1. “I wasn’t cautioned” 2. “Making me admit an offence is in breach of my human rights” or 3. “I can’t be questioned without a lawyer present”
Why it doesn’t work
All these have been tried, tested and failed. The High Court have said plenty of times that none of these legal arguments apply in connection with notices under section 172 Road Traffic Act 1988.
Consequences
1. Conviction for failing to identify the driver.
The scam
The police send out a notice to a suspected driver. The driver fills in the details nominating him or herself but doesn’t sign the form. They then don’t accept a fixed penalty or a course and take the case to court. The defence at court is that there is no evidence of who was driving. An unsigned document is not valid evidence.
Why it doesn’t work
The magistrates might decide that there is enough evidence anyway. Some old cases decided by the High Court have set a precedent to say that the court can infer that the registered keeper was driving If there is some other evidence to support the inference. The prosecutor could also put a charge of failing to provide driver details. Another case says that an unsigned form does not amount to a reply.
Consequences
1. Loss of opportunity to do a course or accept a fixed penalty. 2. Conviction for failing to provide driver details.
I hope that it is obvious. All of the alternatives are worse than simply accepting the original penalty. I am not saying that anyone should admit to speeding when they didn’t do it. But lying during the process will be a disaster. Notice of intended prosecution loopholes and scams just don’t work so don’t try them. If you think that you have a legi...
I am sure that some people do get away with notice of intended prosecution loopholes and scams. But above all it is not worth the risk. Not only is it wrong to break the law it could land you with a prison sentence.
- Solicitor
- Stephen Oldham Solicitors
You are required to identify the driver of the vehicle. You must do this within 28 days and if you fail to do so, you have committed a separate offence for which your licence can be endorsed with 6 penalty points and a fine up of £1,000.
Apr 15, 2021 · If the registered keeper for a vehicle received a NIP more than 14 days after the road traffic offence was committed, then it should be invalid & any subsequent prosecution will have to be abandoned. You must still comply with a NIP received late & then argue the point when the case comes to Court. Get expert advice today.
If you’re stopped by the police, they can: give you a verbal warning. give or send you an FPN. order you to go to court - you’ll be sent a letter telling you what to do. Getting a Fixed...
