If you dont respond or respond outside of the time frame, you may be subject to a separate criminal offence of failure to provide driver information. Who is Considered a Vulnerable Road User? Advice for motorists who have received notices of intended prosecution. WebA 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. It should also be noted that a section 1 warning does not require a particular form of words. criminal investigation or prosecution by the Department, it may request that the Commission provide such information, consistent with and as set forth above in paragraph 6. Since you seem to have no defence to the charge (you have received the notice and you know who was driving) you will face a fine (assuming you plead guilty) of a weeks net income. What is the charge? by LGBT Lawyers | Feb 22, 2023 | Discrimination. Within the same letter will be a requirement to identify the driver. It is important to note that there are exceptions to this rule. It should be noted in terms of section 2 of the Road Traffic (Offenders) Act 1988 that there are exceptions to this rule. You will receive a notice of intended prosecution if your car has been seen committing an offence and you are the registered keeper. Soon after, you will receive the paperwork requiring you to enter a plea. The time limit for a written warning is 14 days from the date of the offence. 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. The full list of offences is contained in. You must personally sign and date the notice. WebIf you are a Plaintiff, then don't wait for the hearing--do something in the case within 60 days fro the date of the notice. What is a Notice of Intended Prosecution? - Notice of Intended Contained within the same letter is a requirement to identify the driver. Notice Of Intended Prosecution: What Next? | Caddick Davies Do I need to respond to the Notice of Intended Prosecution if I wasn't the driver/if I received it outwith 14 days etc. This is due to the rule that a driver cannot be prosecuted for a more serious offence than they have been warned about. Anyone receiving such a requirement is legally obliged to identify the driver. If your defence is that you did not receive it within this timescale, the onus is on you to prove it on the balance of probabilities. WebThe person to whom a Notice of Rejection has been issued has 28 days, beginning with the date of service of that notice, to either: Pay the penalty charge; or Appeal to the Adjudicator. The police will often do both. Q & A Safety Cameras Scotland It is for the accused to prove that he did not receive a warning (or the correct warning). This is perfectly competent but it can also create confusion. The warning at the time does not require a specific form of wording so long as the meaning is clear. Learn more here . The first, and most usual, is where a motorist has been captured by a speed camera. This is usually determined by whether you have been stopped by the police or not. If the details are incorrect, then put the accurate information in your reply.. The information provided on this website is true and accurate to the best of our knowledge and belief. Tummy Tuck Gone Wrong: Making a Compensation Claim, Patients' Rights: What You're Entitled To, Choose from More Information on Medical Negligence, Islamic, Amanah & Shariah-compliant finance, Personal Injury and Medical Negligence Claims, Introducing First4InjuryClaims: Our New Law Firm, Receiving a Notice of Intended Prosecution: What to Do, Proving that you were not the driver caught committing the offence. In such a case, it is the lessor of the vehicle that requires to receive a Notice within 14 days. Second, the Notice will be sent to the registered keeper within 14 days.