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Notice of Intended Prosecution

By: Garry Crystal - Updated: 10 Dec 2018 | comments*Discuss
 
Notice Of Intended Prosecution Nip

A Notice of Intended Prosecution (NIP) is a warning notification that the driver may be facing prosecution for an offence he or she may have committed. Receiving an NIP does not automatically mean that prosecution proceedings will commence, and there is a process that must be followed.

Receiving a Notice of Intended Prosecution

There are certain driving offences that will see the driver receiving a Notice of Intended Prosecution (NIP). Driving offences such as speeding, dangerous driving and failure to comply with traffic signals are all common offences that can be met with an NIP. A full list of driving offences can be found in Section 1 of the Road Traffic Act. If the police have stopped and cautioned a driver due to one of these driving offences then a warning NIP may be sent to the driver.

The Notice of Intended Prosecution 14 Day Rule

One of the main rules of an NIP is that it must be served to either the driver or the register keeper of the vehicle within 14 days of the alleged offence. The police do not have to prove that the NIP has reached the driver within this time; simply that it was sent in enough time to have reached the driver. An NIP can also be given verbally to the driver at the time of the alleged offence. A court summons is another alternative and this must still be received within 14 days of the alleged offence.

Change of Address and Notice of Intended Prosecution

It may be the case that the registered keeper of the vehicle has changed address. The police only need to ensure that the NIP is sent to the last known address of the offender for the NIP to be valid. In many cases the vehicle may be a leased car and the driver will not be aware of the offence; for instance caught speeding on camera. Again, if the NIP was sent to be delivered to the registered owner’s last known address the NIP will be valid.

Rejecting a Notice of Intended Prosecution

A driver can reject an NIP if they are the registered driver and the NIP was received outside of the 14 day time limit. The rejection can apply as long as the date on the NIP is more than 14 days after the alleged offence took place. The defendant can then take the NIP back to the issuing office and reject due to an expired time limit. The rejection will not apply however if the NIP was sent to the registered keeper within 14 days and then passed on to the alleged offender after this time.

Signing a Notice of Intended Prosecution

Once the Notice of Intended Prosecution has been received by the registered vehicle keeper the driver must be identified. This must be undertaken within 28 days and failure to do so is an offence. This could lead to six penalty points being applied to a licence and a fine of up to £1000. The NIP must be signed and failure to do so could also be an offence; the police can allege that the registered keeper failed to provide lawfully required information.

Exception to a Notice of Intended Prosecution

A few exceptions will apply whereby the police do not have to supply an NIP. These will include:

  • If at the time the defendant was knowingly involved in an accident
  • A provisional fixed penalty notice has been given or fixed
  • The police could not with due diligence ascertain the name and address of the defendant within the 14 day time limit
  • It may be the case that the NIP was received later than 14 days but this may still be valid under certain circumstances
The police do have six months in which to prosecute a road traffic offence. Even if the alleged offender did not receive the NIP from the registered keeper for many months after the offence the charge will still be valid. As long as the NIP was sent to the last known address of the registered keeper of the vehicle the NIP will still be valid. If a person has been issued with an NIP it will be in their best interests to seek legal representation depending on the nature of the offence.

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Any advice would be helpful. Got done doing 58 in 40 zone, letter came through the post it got sent back by the registered driver (my mum) since then 2 x letters asking for my details have come through but as I no longer live there and not on the best of terms with my folks I haven't received them and the next thing a nip has come through 6 months later saying I will get 6 points and £1000 fine, is there anything I can do or say to lessen the penalty??? Thanks
AlphaB - 10-Dec-18 @ 6:10 PM
we have received a request from the Police to provide your contact details as a result of the above offence. The Police we be in touch with you directly in due course excdded Speed limits a217 reigatejunction Offence: Exceeding speed limit Date & time: 08-11-2018 - 10:25 am Location: A217 Reigate Hill, junction Raglan Road Reigate
Cláudio alves - 8-Dec-18 @ 1:02 PM
An trying to view the evidence of the offence and have been unable to do so
Sue - 8-Dec-18 @ 12:53 PM
Hi I just received 9/11/2018 a NIP notice for exceeding speed limit 30mph-36mph but the letter states that the alleged offence happened on 10/09/2018 . It is more than 9 weekplease advise as I can’t remember who exactly was driving me or my husband as it’s while ago. Does 14 days reply rule apply sin my case? Thanks
Amy32 - 10-Nov-18 @ 10:06 AM
Stoppped for speeding cause my partner was 8 months preggers and was having pains when i got pulled over doing 50 in a 30 area i told them and they just said u might need to go to a speed awareness course over a year later i get an NIP. Can i dispute it cause i didnt receive the NIP within the 14day period?
Al - 30-Oct-18 @ 3:52 PM
My daughter was stopped and tested for Drink Driving in June 2018, tests came back positive, but until now 22-10-2018 she has not heard anything about an impending prosecution. Is there a time limit as when they must notify her of prosecution.
Steven Hemingway - 24-Oct-18 @ 12:50 PM
11.10.18 received NIP 10.10.10 date of letter 29.08.18 date of alleged offence (46 in a 40) what should I do.. Do Police have longer time to find me as company car? Letter has come direct to me but they may have had to take time to find me.? Do i still have to respond with driver details./ Thanks
Stevo - 11-Oct-18 @ 5:01 PM
I have been receiving NIP letters for speedingona vehicleregistrationnumber being cloned by crooks ...and despite telling Police and sending recorded letters back.. Police keeps on sending threatening and "Final Notice" letterof prosecution... How do I stopthis pestering by Police and solve the problem with the registration numberclone/ copy used by culprits/others and being accused of the offences?
Gil - 11-Oct-18 @ 9:04 AM
Hello, I have not received an NIP at present, however I was involved in an RTA whereby third party drove recklessly and brake checked me and I hit their vehicle, however no damage to both vehicles due to driving 2-5mph. I exchanged details with third party, however she called the police. Police attended scene and took our details. She was 6 months pregnant, therefore taken to hospital. Received a letter in the post from Met Traffic & Prosecution Unit investigating the matter. I am terrified I will go to court. Please advise!
Jay - 10-Oct-18 @ 11:28 PM
Just been delivered a NIP for my number plate. Says taken by a mobile speed camera, no picture send. Got 14 days to reply. What fine if any?
Macca - 6-Oct-18 @ 1:54 PM
I’ve received a speed ticket for doing 61 mph in a 50 mph in a temporary speed restriction zone due to road works. The letter says it’s a mobile unit, which I never saw. But now there are warning signs been put up telling drivers it’s a police speed check zone. Have I got any redress in saying the signs weren’t up when I was caught . Plus I’ve now travelled this route every day since , and cars and over vehicle are flying pass me whilst I stick to the speed limit.
Al - 27-Sep-18 @ 6:57 PM
Hi, I recently got a NIP doing 37mph on a 30. This is my first. The concern is that I have to provide a licence number to be considered for a course, but I'm driving with a foreign licence at the moment since I moved to the UK in January, 2018. I used to have a provisional license when I came to UK for my Masters in 2015, but left the country after my course same year until now, and never used it for anything. So what is my situation like? Do I just submit copies of my foreign licence with the NIP to be considered for a course?
Cebosty - 27-Sep-18 @ 1:13 PM
hi, i got flashed on the m60 on way back from manchester heading to bradford on 1st september doing approx 90mph, the address im registered at is in sheffield where i lived with my wife, now the issue is im going through a separation with my wife and she wont let me access any of my mail so i dont know if ive received a NIP, who do i contact to find out the details of the incident and to find out if ive been fined or not?
hamed - 10-Sep-18 @ 2:15 PM
Hello I recently received a single justice procedure notice follwing a NIP because: I failed to comply with the conditional offer, in so much that I failed to submit my driving license on account of the fact I am an overseas license holder. This is not correct. I hold a full UK driving license, the form that i sent back does not request me to send in my driving license either.I have been returned the fine now and am being threatened with 6 points on my license and a 1000£ fine. I have only been driving for 1 year so would this mean I lose my license?
BMO - 23-Aug-18 @ 3:07 PM
Got issued nip at roadside. He wrote wrong date on it then went over date to try and correct it but cannot work the date out. It was issued on 5/07/2018 as looked on my phone for correct date. He said they will be contacting me within 28days of that date. Its now 19/08/2018 and have heard nothing back. Can i dispute this if i hear from then anytime now as it was not In the specified time limit. Also it says not in proper control of vehicle. Which is a new one to me. Any answers would be appreciated and any advice or tips. Thanks Ari
Ari - 20-Aug-18 @ 3:52 AM
I recived a nip for a vehicle that I have drove once before but at the time of the nip I was not driving the named vehicle and don’t no how to contact them to appeal
Dee - 17-Aug-18 @ 10:40 PM
But my point is if the camera and white lines are on the other side of the road why did that camera flash in my face. there was no camera on my side of the road and no white lines on my side of the road. Surely a camera flashing like that in my face while driving is dangerous.
Star* - 14-Aug-18 @ 1:56 PM
Star* - Your Question:
I was driving along Coombe Road croydon and there is a camera and white lines on the other side of the road. I was doing 30 in 30 mph zone. And as I was driving towards the camera it flashed right in my face. It was a Gatso yellow camera. Now I am really worried I am going to get a fine but I know I haven’t don’t anything wrong. Can anyone give me some information about this.

Our Response:
If you were travelling within the speed limit, there shouldn't be anything to worry about.
NoPenaltyPoints - 14-Aug-18 @ 12:20 PM
I was driving along Coombe Road croydon and there is a camera and white lines on the other side of the road. I was doing 30 in 30 mph zone. And as I was driving towards the camera it flashed right in my face. It was a Gatso yellow camera. Now I am really worried I am going to get a fine but I know I haven’t don’t anything wrong. Can anyone give me some information about this.
Star* - 14-Aug-18 @ 9:10 AM
jason - Your Question:
HiI received a leter for this but the time stated was conpletely wrong? I was a sleep does this make it invalid

Our Response:
This depends whether it's simply a typing error or whether it wasnt actually you/your vehicle committing the offence. Ask for more details, there may be a photo etc.
NoPenaltyPoints - 13-Aug-18 @ 12:47 PM
Hi I received a leter for this but the time stated was conpletely wrong? I was a sleep does this make it invalid
jason - 12-Aug-18 @ 9:05 PM
Jon - Your Question:
Hi I have received nip. It says for the alleged offence of exceeding the speed limit (on next line it says) 35 mphA. Is this the speed I was actually travelling or is this the actual speed limit? Have never heard of a speed limit of 35mph unless the speed limit is 30mph and they allow a 5mph buffer?

Our Response:
This will be the speed you were travelling at.
NoPenaltyPoints - 6-Aug-18 @ 3:15 PM
Hi I have received nip. It says for the alleged offence of exceeding the speed limit (on next line it says) 35 mph A. Is this the speed I was actually travelling or is this the actual speed limit? Have never heard of a speed limit of 35mph unless the speed limit is 30mph and they allow a 5mph buffer?
Jon - 4-Aug-18 @ 7:34 PM
Last week I received a Notice of Intended Prosecution letter.I intended to fill it and post it this weekend. However, I accidently tore it and threw it away. I later retrieved it and taped the pieces together and don't think it will work. who do I get in touch with at the unit as there are no contact details on the letter. Would appreciate if I can get a telephone number of you and ask them to send another form over. Thanks in advance.
Nur - 29-Jul-18 @ 4:52 PM
I just received a NIP for an old company car that I handed back to Zenith november last year, I’ve contacted Zenith and will speak to them again Monday. So what do I do with the NIP as 8 have no idea who was driving the car and I’m assuming that I need to return the form with some inflation at least.. any ideas?
Garry - 28-Jul-18 @ 1:15 PM
My son has received a intention to prosecute in the post with no knowledge of what it’s for. The time stated on the letter my son was st work and his car parked in the car park. There is CCTV to prove this from the company next door to his work. How do answer the letter please?
Joanne - 25-Jul-18 @ 9:38 AM
Hi work has phoned me examining the have a letter from my lease company asking for drover details due to an offence of doing 42 in a 30 (I was close to the pick up speed sign of 40) and obviously speeded up to quick. I already have 3 points from March 2017 and cannot attend a course due to sitting in one km 2016. I am a little worried in regards to what's coming points and fine wise. Can you possibly help?
AC123 - 18-Jul-18 @ 7:17 PM
I got pulled up and was offered points and a fine or a course by the officer, I said course as it seemed the better option. Forgetting that i had done a course last year, will this be rejected and given the fine and points? What will the likely outcome be?
Ross785 - 18-Jul-18 @ 12:25 AM
Hello, received a caution from the police, the green ticket had the NIP box ticked at the bottom. Have I been officially served a NIP or is it a separate letter that I must receive first?
Nbrod - 16-Jul-18 @ 10:01 AM
Hi, I received a NIP on 15th June which I filled in and sent back on the same day. On the 4th July I sent an email to the central ticket office stating that I haven’t received a reply to which they stated that they sent the letter out on 28th June. I haven’t received this nor have I received any other mail for nearly 3 weeks. I spoke to Royal Mail who state that there doesn’t appear to be anything wrong with their service. I’m likely to be offered the speed awareness course, if I don’t receive the letter and respond to it will I get 3 points rather than the course.
rehmana1 - 12-Jul-18 @ 8:08 PM
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