A Notice of Intended Prosecution warns that prosecution for an alleged driving offence is being considered. Check any accompanying driver-information request and its deadline before deciding how to respond.
In this article, we’ll help you understand:
- What an NIP is.
- Why the police issue an NIP.
- The deadline for the police to issue an NIP.
- How to respond to an NIP.
- How to appeal against an NIP.
We know that receiving an NIP can be scary. You might be worried about what happens if you ignore it, or you need help working out if it’s real. We have all the answers to your questions and hope this article will give you comfort and help you make the best choice for your situation.
Let’s get started.
Should I respond to a NIP?
A section 172 request for driver details normally requires a response within 28 days, even if you dispute the allegation or NIP timing. Give accurate information and seek advice promptly if you genuinely cannot identify the driver.
If you weren’t the driver when the offence was recorded, you must give the driver’s details to the police.
The NIP should include a request to ‘name a driver’ form.
Failure to provide required driver information can be prosecuted separately and normally carries six points and a fine up to £1,000. Limited statutory defences exist; seek advice if you genuinely cannot comply.
The correct process is to:
- Provide accurate driver information in response to any section 172 request.
- Follow the next document’s instructions and raise any genuine error with the issuing force promptly.
A NIP is not a council-PCN appeal form. If the allegation proceeds to court, a material failure to meet the statutory notice requirements may be relevant, subject to the legislation and exceptions.
Police can review an identified error and decide whether to proceed. If prosecuted and disputed, the court decides the legal and factual issues.
Note: You can’t reject a Notice of Intended Prosecution because you weren’t the driver when the offence occurred.
Should I ignore a Notice of Intended Prosecution?
Ignoring a Notice of Intended Prosecution would be an expensive mistake.
Do not ignore a driver-information request because you dispute the offence or notice. The duty to supply required information is separate from whether the underlying allegation succeeds.
What happens after I return a NIP?
Once you get the NIP, fill out Section 172 to confirm driver details.
Depending on the facts and eligibility, police may offer a course or fixed penalty, take no further action or bring proceedings. A fixed-penalty offer is not automatic.
Why do police issue a Notice of Intended Prosecution?
You could be caught on camera violating a speed limit. But the police could also issue a NIP because:
- You ran a red traffic light
- You were caught driving dangerously or recklessly
What’s the deadline for the police to issue a NIP?
A first Notice of Intended Prosecution normally must be served on the registered keeper within 14 days, but statutory exceptions apply. A later notice to a nominated driver does not have the same 14-day deadline. A roadside warning can also satisfy the notice requirement.
Receipt after 14 days does not automatically prevent prosecution. Establish who received the first notice, the service date and whether an exception or roadside warning applies.
However, this may not always be the case!
There are exceptions, and you could still find yourself in court even if the NIP arrives later than 14 days after the alleged offence!
For a hire or company vehicle, the first notice normally goes to the registered keeper. A later notice to the nominated driver may lawfully arrive after 14 days.
The hire car company is sent the NIP because they’re the registered keepers. So, you may not know about the offence until well after the 14-day deadline.
Timely service on the registered keeper can satisfy the notice requirement, but it does not itself establish guilt. Continue to answer any driver-information request accurately.
Case study: Driver doubts a speed gun was calibrated correctly
As you will see from the message posted on a popular online forum, many motorists wonder if speed guns are calibrated correctly.
And if they are not, can they challenged a NIP?
Source: Moneysavingexpert
Could I get a verbal Notice of Intended Prosecution?
Yes. You could be given a verbal Notice of Intended Prosecution by the police.
Then, when you’re stopped by the authorities for speeding, the police will tell you that you face potential prosecution.
A roadside warning and a fixed-penalty offer are different. Police may offer an eligible fixed penalty or proceed by another lawful route; neither outcome follows automatically from the warning.
A Single Justice Procedure Notice is a court-proceedings document, not another name for a NIP or fixed penalty. Follow its plea, response and hearing instructions.
How does a NIP affect motor insurance?
Receiving a NIP does not itself mean you have a conviction. Insurers may ask about pending prosecutions, points or convictions, depending on their questions and policy terms.
Answer the questions accurately and check when your policy requires notification. Do not assume that every NIP automatically increases premiums or must be treated as a conviction.
How should I respond to a Notice of Intended Prosecution?
First answer any driver-information request truthfully. This response identifies the driver; it is not a guilty plea or acceptance of a fine.
If court proceedings follow, the court documents explain how to plead and whether to request or attend a hearing. A not-guilty plea belongs to that process.
A guilty plea may sometimes be dealt with without attendance, but the court can require a hearing. Follow the court’s directions, particularly if disqualification is possible.
Should I get a solicitor when I receive a Notice of Intended Prosecution?
If the offence is serious, you may need to be represented by a solicitor or barrister.
So, for instance, you could seek legal representation if you stand to lose your driving licence. Although there’s no guarantee you won’t be disqualified from driving, nonetheless.
That said, legal representation is expensive, and you could still end up with a driving ban and penalty points!
How much will a Fixed Penalty Notice cost?
Fixed-penalty amounts depend on the offence and scheme. For example, an eligible speeding fixed penalty is generally £100 and three points, while using a hand-held mobile phone while driving is normally £200 and six points.
Plus, you’d get a notice for the following offences:
- Speeding
- Careless driving
- Using a mobile device whilst driving
Lastly, can I reject a Notice of Intended Prosecution?
You cannot make a NIP disappear by writing that you reject it. You can raise a genuine factual or legal issue and, if prosecuted, contest the allegation through the proper process.
Contact the issuing force promptly about an error, keeping a copy of the correspondence. An enquiry does not automatically stop a separate driver-information or court deadline.
A section 172 request for driver details normally requires a response within 28 days, even if you dispute the allegation or NIP timing. Give accurate information and seek advice promptly if you genuinely cannot identify the driver.
Not being the driver is one possible factual issue, but other legal or evidential issues may also matter. Never name someone falsely or assume a minor typo creates a defence.
If a fixed-penalty offer is made and you want to contest the allegation, follow the offer’s instructions. If prosecuted, use the court’s response process rather than sending a generic PCN appeal.
A material defect in a required NIP or its service can be relevant to prosecution, subject to statutory exceptions. Obtain advice about the particular defect; do not ignore a section 172 request.
Never ignore a Notice of Intended Prosecution, either.
The consequences could be dire both legally and financially. What was a minor fine, and a few penalty points could turn into something much more substantial?
Keep copies, meet the relevant deadlines and distinguish the driver-information duty from any later decision about a fixed penalty or court plea.
