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Notice of Intended Prosecution – What Happens Next? 2022

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notice intended prosecution what happens next

Did you get a Notice of Intended Prosecution (NIP) and are unsure what to do? Chances are you committed a traffic violation and got caught.

I explain what a NIP is and how you should respond when you get one to avoid things escalating. Read on to find out more about a NIP and what happens next.

Do You Have to Pay?

In many circumstances, parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat with an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

What is a NIP?

You’ll get a NIP from the police if you’re the registered keeper of a vehicle flagged for a motoring offence. It could be for speeding or another type of traffic violation.

The Notice of Intended Prosecution basically lets you know the driver who committed the alleged offence could face prosecution.

You’ll find information about the offence in the notice. This includes things like:

  • Registration details
  • Date and time of alleged traffic violation
  • The location of the alleged offence
  • The type of offence that was committed by the driver

Why would I get a Notice of Intended Prosecution from the police?

As stated, you could get flagged for a speeding offence. Other reasons you could get a NIP include:

  • Running a red traffic light
  • Dangerous or careless driving

How long do the police have to issue a NIP?

The police must serve the registered keeper with the notice within 14 days of the alleged offence being committed.

What happens when I get a NIP later than 14 days after the alleged offence?

According to UK law, the police must issue the NIP within 14 days of committing an alleged traffic violation. When you get it after the 14 days expires, the police cannot prosecute the driver.

But don’t count on it.

There are exceptions to this rule. In short, you may still be prosecuted for the driving offence even when the notice arrives after the 14 days are up!

For example, you were driving a hire car, and the company was served the notice within 14 days. The police complied with their legal requirement, and therefore as the driver, you could be prosecuted for the driving offence.

How long do I have to respond to a NIP?

You must respond to a Notice of Intended Prosecution within 28 days of receiving it. Even when you weren’t the driver at the time, you must provide the police with the driver’s details.

You could face prosecution when you fail to respond and provide all the required information. You may get 6 penalty points on your licence and a £1000 fine when you don’t give the police the driver’s details!

Can the police give me a NIP verbally?

Yes. The police could give you a verbal NIP if they stop you for committing a traffic offence. In short, you won’t get a notice through the mail because the police already told you about a potential prosecution.

When the police give you a verbal NIP, you could get a fixed penalty notice and a fine. In short, the police could decide to issue a Single Justice Procedure Notice.

What happens if I was not driving when the offence was committed?

As mentioned, if you weren’t driving at the time of the offence, you must tell the police who was. Even when you are the registered keeper, this is a legal obligation you can’t ignore!

You have 28 days of the notice being posted to let the police know who was driving the vehicle when the alleged offence happened.

Note: It’s up to the registered keeper to find out who was driving when the offence was committed! You will face prosecution when you can’t provide the details because you don’t know.

I got a NIP for speeding. What should I do?

You can either respond with a guilty plea and accept the points and fine or reply with a Not Guilty plea. You won’t have to go to court if you plead guilty to speeding.

But if you respond with a Not Guilty plea, you’ll have to attend court.

Should I get a solicitor or barrister when I get a NIP?

It depends on the seriousness of the traffic violation. For example, suppose you were caught speeding well over the limit on a motorway and risk a ban. In that case, it could be worth having legal representation.

But hiring a solicitor or barrister is expensive, and you may still end up with a ban or lots of penalty points on your licence.

Can I ignore a Notice of Intended Prosecution?

It would be a mistake to ignore a NIP because it’s a legal obligation. In short, you must reply to what is known as a section 172 request. This is to provide a driver’s details when asked.

Note: Failure to respond could lead to prosecution!

How do I reject a Notice of Intended Prosecution?

If you weren’t the driver, the only way to reject a NIP is to give the police the driver’s name. Next, you should request a court hearing to contest the Notice of Intended Prosecution against a speeding fine.

In short, you can’t ‘reject’ a NIP. Only a court can decide whether the notice is valid or not!

Do You Have to Pay?

In many circumstances parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat to an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

GET STARTED

Lastly, a notice of intended prosecution. What Should I do?

You should respond within the 28-day time limit to avoid prosecution. You can either pay or send in a not guilty plea. If you pay, you won’t have to go to court. But if you plead not guilty, you will!

The police must issue the notice within 14 days. But even if you get it later or not, you could still face prosecution.

In short, if you got a verbal notice from the police when they stopped you, don’t ignore things. The police have the power to deal with the matter by way of a Single Justice Procedure Notice!

My advice? Never ignore a notice of intended prosecution because things quickly escalate when you do. Moreover, if you weren’t the driver when the offence happened, tell the police who was.

Thanks for reading this post on notice of intended prosecution notices. I hope the info provided helps you deal with the matter effectively!

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