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COVID-19 UPDATE: We would like to reassure people that Kang & Co Solicitors is fully operational during the current international health crisis.
Case meetings after being appointed will be conducted via either a phone or video conference to comply with government instructions.

For certain types of motoring offences, the police are under an obligation to serve a Notice of Intended Prosecution (NIP) upon the Registered Keeper of the vehicle and must warn them that the driver of the vehicle may face prosecution.

This crucial requirement is placed upon the prosecution as a result of Section 1 of the Road Traffic Offenders Act 1988 which states:

“Section 1(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 place where 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.”

A NIP is commonly sent on offences where the police is either not present at the time of the alleged offence or have not stopped the driver of the vehicle because it may have been caught on a speeding camera.

The Verbal Notice of Intended Prosecution

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 prosecution is no longer required to serve a written notice.

The Registered Keeper

The prosecution is only under an obligation to serve the NIP upon the ‘Registered Keeper’ of the vehicle, not the driver. The registered keeper is the person or company recorded on the V5 logbook of the vehicle as the person responsible for official communications. In certain circumstances the owner and the registered keeper may be the same person however, the registered keeper and the owner could be different.

The vehicle could be on a lease contract or a company car in which case the registered keeper could be recorded as the finance company or an employer.

The vehicle captured committing the offence of say speeding could be a family car which is driven by multiple family members, but it would only have one person named as the registered keeper, the prosecution is only required to write to the registered keeper.

The 14 Day Time Limit

The prosecution must write to the registered keeper with the NIP within 14 days of the alleged offence occurring.

The NIP can be served upon the registered keeper:

  • by delivering it to him;
  • by addressing it to him and leaving it at his last known address; or
  • by sending it by registered post, recorded delivery service or first-class post addressed to him at his last known address.

The notice of intended prosecution is automatically regarded to have been served within the time limit unless it is disputed.

The Exception

The prosecution is not required to serve a notice within 14 days if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.

Received the Notice of Intended Prosecution?

Once you have received the NIP, it will usually be accompanied by a ‘Section 172’ request for driver details.

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.

The request must be completed by the registered keeper on the form provided by the police and must be signed and returned to the police within 28 days. If this request is not complied with, the registered keeper will usually face a prosecution for Failing to Provide Driver Details, which is an offence that attracts 6 penalty points. The registered keeper may not have been the person driving the vehicle at the time of the offence however, not responding with the name of the person driving the vehicle is a separate offence.

Driver Identified

Once the person driving the vehicle at the relevant time has been named by the registered keeper (it may well be the same person) that person may then face prosecution for the alleged offence and the prosecution will communicate directly with the person that was identified as the driver.

AGREED FEE DRIVING OFFENCE LAWYERS

 Our Agreed Fees for Motoring Offence cases start from;

£1000 + VAT

Providing Incorrect Details

If someone else has been deliberately incorrectly identified as the driver, other than the person driving at the time, then a prosecution for Perverting the Course of Public Justice can be brought against the person that provided the false information. Perverting the course of justice is a very serious criminal offence, and one which can attract life imprisonment. It is therefore crucial that the prosecution is provided with the correct details.

A recent example of this involved Fiona Onasanya who was the MP for Peterborough when she provided the details of someone else, the prosecution investigated the matter and found that the person she had nominated was abroad at the time and Fiona was then prosecuted and convicted for perverting the course of justice and given a 3 month prison sentence.

Legal Assistance

If you have received a Notice of Intended Prosecution and would like to speak with one of our specialist motoring lawyers about the options available to you, please complete our contact form or call our specialist driving offence solicitors on 03452229955 for a no obligation telephone call.

Our Recent Cases

Exceptional Hardship:
Successful Application

We were instructed by Mr Machin to represent him at court for a exceptional hardship application to avoid a driving ban from a totting-up of points.

Speeding:
Trial Success

Mr Garratt received a Single Justice Procedure Notice (SJP) from Warwickshire Police for speeding, but was adamant he was not driving beyond the speed limit.

recent cases drink driving case study

Drink Driving:
Minimum Ban Imposed

Mr Singh appointed Kang & Co Solicitors  to represent him at his sentence hearing and to mitigate on his behalf after he was charged with drink driving

 

Request A Callback or Email from a Kang & Co Solicitor

Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.

 

Our Offices

Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

5 Chancery Lane
London
WC2A 1LG

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes, MK9 2EA

Accreditations, Partnerships and Press

Our Competitively Priced Agreed Fees for Motoring Offences start from £1,000 + VAT

Our Competitively Priced Agreed Fees for Criminal Offence cases start from £1,500 + VAT

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An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang.

In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise, quality of service, compassion and dedication to their client.

I would not hesitate in recommending Kang & Co Solicitors.  Mr. C Pilkington

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Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions.

On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted!

I highly recommend Kang & Co.

Joseph McBrearty

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

birmingham office lawyers

Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

london office lawyers

London Office

5 Chancery Lane
Holborn
London
WC2A 1LG

milton keynes office lawyers

Milton Keynes Office

Exchange House
494 Midsummer Boulevard
Milton Keynes
MK9 2EA

Business Hours

Monday – Friday
09:00 – 17:00
Weekends/Bank Holidays
Closed

Meetings at our offices are by Appointment Only

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