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Notice of Intended Prosecution

By: Garry Crystal - Updated: 11 Feb 2017 | 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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I received a NIP on the 10th/Feb for an incident that took place 13 days before that. The police dropped the letter to my house themselves. I bumped into a pedestrian at a traffic light. Can you give me any info of what could happen next?
Empii - 11-Feb-17 @ 5:53 PM
Zee - Your Question:
HiI have recieved a NIP dated 19/12/2016. for a speeding violation that apparently happened on 13 Sep 2016, which is almost after 3 months, can I go for over 14 days rule and if so how do I do it.

Our Response:
There are various caveats associated with this rule, please read our full guide here
NoPenaltyPoints - 10-Feb-17 @ 12:55 PM
Hi I have recieved a NIP dated 19/12/2016. for a speeding violation that apparently happenedon 13 Sep 2016, which is almost after 3 months, can I go for over 14 days rule and if so how do I do it.
Zee - 8-Feb-17 @ 4:37 PM
Needadvise, i got traffic offence (red light) time into red less than2 seconds. what will be will happen , i mean will the police prosecute me in court
Jah - 31-Jan-17 @ 8:02 PM
I got a speeding ticket and paid within the 28days I sent my licence, form 4 days later I get a letter saying there have not received my licence but there have got form stating I have paid and give me ten days to send my licence. I sent this recorded delivery to police. I have requested a new licence but there have said that can take upto two weeks. What should I do ?
Cookie24 - 30-Jan-17 @ 8:09 AM
Hi, I got stopped by police 20,12,16 for being on the phone, but received paper work from them on 26,01,17, do I have to pay this
Marco - 26-Jan-17 @ 7:20 PM
Geraint - Your Question:
I've had an NIP come through the post today dated 9th January for an offence back on the 5th December. It's well out of date of the 14 day rule but as it was a company I assume they would've got in touch with the lease company to see who was driving. The NIP has been forwarded on to me but sent directly, with my details and the dates I've mentioned. Would the 14 day rule still apply?

Our Response:
No, the 14 day rule will not apply if the original NIP was sent to the registered keeper within 14 days.
NoPenaltyPoints - 11-Jan-17 @ 11:30 AM
I've had an NIP come through the post today dated 9th January for an offence back on the 5th December. It's well out of date of the 14 day rule but as it was a company I assume they would've got in touch with the lease company to see who was driving. The NIP has been forwarded on to me but sent directly, with my details and the dates I've mentioned. Would the 14 day rule still apply?
Geraint - 10-Jan-17 @ 11:59 AM
I was prosecuted 3 years ago under a s172 for a vehicle I did not own altho I had been the previous keeper. I gave the new owner info to the police but I was still taken to court, disqualified from driving with points for something I had absolutely no control over or involvement in and that was in 2013. I have now been emailed by the police with a notice of intended prosecution and have asked me to complete a form I have not received by post. This request relates to the same said vehicle they already prosecuted me for 4 yrs ago despite my having no knowledge of the offence or what has since happened to the vehicle back then and up to now - the vehicle has no registered keeper. It is disgusting that I am being put in this situation again. I don't drive and haven't ever driven or owned a vehicle in the last 4 years & have no knowledge whatsoever of what has happened to the vehicle etc etc... what do I do? I have no contact details on the email sent and I have no hard copy NIP in which state I know nothing and have already been prosecuted for this same offence. Surely they cannot keep on prosecuting or just persecuting me for a vehicle I once a very long time ago had knowledge of but have no longer and have not done for over 4 years and then to add insult to injury reprosecuted for just because I cannot give them the info they want!! Please help me.
Fed up & disgusted - 3-Jan-17 @ 9:08 PM
Hi, I received a NIP for doing 39 in a 30 area. It is true I think as I remember that day I was late at work. The problem is that I am romanian and my driver license is a spanish one. What should I do? Do I get to make that course or just pay the fine? How much is the fine? Is not saying on the NIP, just the course thing. What about the points? In Spain I had 15 points and still have them. They will take the 3 points or they will give them to me? Thank you
Sebastian - 22-Dec-16 @ 10:53 PM
Hi, i was driving a company car believing i am covered as it was assured to me by the employer. as a company's employee, usually i am not supposed to check papaers physically that i am covered or not, we just believe or trust the company we work for. i was stopped in a routine check by the police, they said car is business insured with the employer's name only so i am not covered. i was shocked and surprised. they gave me NIP on spot. my employer is willing to witness that it was his fault or mistake that he forgot to add me on this car insurance. i have no idea, what i can do to defend myself. shall i wait for the letter from police (it says on NIP not to contact them until i receive any letter from them). any advice please. thnaks in advance
ali - 20-Dec-16 @ 11:13 PM
Ok. So i drove past an unmarked police car, Volvo to be precise. He tailgated me for a while then i increased speed. He then flashed his lights i moved over like i was going to stop on the hard shoulder he moved to lane 2 and gave a warning kind of sign and then he drove off. It was only one officer in the car. Is it still possible i get an NIP without being pulled over? I will assume he would have pulled me to take away the doubt of who the drive was and not.
None - 16-Dec-16 @ 12:17 PM
I have received a NIP notice for speeding saying my car was flashed doing 37 mph in 30mph limited road and as my car is off the road for over a month now because it needs a new starter motor which on a o2 plate audi A4 Is quite expensive to get replaced and um on benefits I have to leave it to after Xmas, I no it is no way my car that as been flashed for speeding, as it as not been driven nor moved off my nabours drive since it broke down due to the repairs needed on it, so should I tell the police this and take a chance on being taken to court and loseing in court and getting points and a fine even no i no I have not broken any laws?
Bommer - 16-Dec-16 @ 7:28 AM
Hi, I wondered if you could help. I'm a new driver with 3 points on my license. i have just received a nip, stating i'llget 3 points and a 100 fine. This will mean I lose my license i guess ? Is it possible to request an awareness course as I haven't been on one before.
worried - 7-Dec-16 @ 7:34 PM
I received a letter today stating I'm being charged with a speedy offence which I paid the £100 and accepted points for when it came in however they refunded the money last week and now this what does it mean and why would this happen?
Keeley - 6-Dec-16 @ 9:13 PM
So I had a person come to buy a car from me a few months ago we went for a test drive. The driver like the car but wasn't to keen to purchase. I took his licence and check if he had insurance .he had full comprehensive insurance which allows him to drive the car. So we go on a test drive. A week later I get a nip to my address as being a law abiding citizen I give his licence details to police and never hear from them. Please note this Driver was Norwegian and lived in France. So we stayed in touch and the car I exchanged for another . I bought a new car in April 2016 he was around in uk comes to see the car as he provided good offer on the phone we go on a test drive the chap starts pulling problems in the car so we decide not to go ahead as blizzare as it sounds he got nip on the same place and I did the same sending his licence to the police and never hear back from them. To be so unfortunate I have this romanian chap interested last month oct 2016 after a long time . So before we drove off I thought to get a copy of his licence after what happen last time and checked his insurance to confirm he's eligible. I couldn't sit next to him as my passenger side door is not working properly I sit at the back and keep a tab . We come back and deal falls through. To my bad luck this chap gets a nip and yes I did send his licence & now the police wants his insurance and I don't have it. I speak to constable on the phone and says my story doesn't add up and are going to investigate me as I don't have his insurance and provided foreign licence on 3 instance. I tried to explainto them that's exactly what happened and I won't lieto the police. She said she will get investigation started on me. I am so worried I can't sleep at night as I can't find the chap number as I have many random calls calling me every day as I'm self employed. Can you please help me as I'm breaking down as a person and feel I'm getting forced to admit a crime I didn't do.I humbly await your replythank you .
Ozman - 27-Nov-16 @ 2:19 AM
Help Please- Your Question:
Hi I received a NIP for 62 on a 50mph average speed check zone. Although I don't actually remember the date and time, I usually always set cruise control on my car unless the signs say camera not in use. Am I able to request photographic evidence of this, how long would it take for me to receive the photographs? And if so will this delay cause a greater fine or points? Also the original NIP was sent to the previous owner and then forwarded to me, does the 28day limit begin when I received it or when the previous address received it? Will I be given the option of a course based on the speed? Sorry there's a lot of questions but, -any help would be much appreciated, Thanks.

Our Response:
If you request photographic evidence be prepared to attend court and to pay costs if you lose. The police only have to provide photos to help you identify the driver at this stage. If you're asking for other evidence they do not have to provide it until court. The fact that the original NIP was sent to the previous owner would mean the 14 day limit does not apply. You should inform the police of the date you received it and explain about the change of owner as the 28 day limit to return the form will start from the date on the NIP itself. Your speed is within the guidelines for the offer of a course, but courses are only offered if the police so choose.
NoPenaltyPoints - 22-Nov-16 @ 9:59 AM
Hi I received a NIP for 62 on a 50mph average speed check zone. Although I don't actually remember the date and time, I usually always set cruise control on my car unless the signs say camera not in use. Am I able to request photographic evidence of this, how long would it take for me to receive the photographs? And if so will this delay cause a greater fine or points? Also the original NIP was sent to the previous owner and then forwarded to me, does the 28day limit begin when I received it or when the previous address received it? Will I be given the option of a course based on the speed? Sorry there's a lot of questions but, -any help would be much appreciated, Thanks.
Help Please - 21-Nov-16 @ 1:03 AM
Hi I received notice of intended prosecution about passed through red traffic light. At this time, I drove lorry ( I am lorry driver ). I would like to ask if there is any possibility that I can to appeal the decision? Jaro
jaro - 20-Nov-16 @ 8:32 AM
I received an NIP a week or so ago. It relates to a minor incident in a town car park, when I accidentally clipped a car whilst parking between twovehicles.I examined the other vehicle and could see no damage, so thought nothing of it.My own vehicle was slightly damaged and repaired under a local agents small bump and scratch scheme.I was very surprised to receive the NIP.Since the damage was only to my vehicle I didn't think I needed to report the incident.Have returned the paper work as requested. What happens now?
Billy - 19-Nov-16 @ 5:20 PM
Helpneeeed - Your Question:
Hi I let my friend drive my lease car thinking she was insured from her policy. We was stopped by the police and check showed she wasnt insured to drive other cars and she was given an nip. Will the lease company be informed of the incident by either the police or dvla?She gave her personal details on the nip.Im really worried as this is a company vehicle and dont want to lose the car.

Our Response:
We don't know whether the police will inform the DVLA or your company sorry.
NoPenaltyPoints - 17-Nov-16 @ 2:23 PM
Hi i let my friend drive my lease car thinking she was insured from her policy.We was stopped by the police and check showed she wasnt insured to drive other cars and she was given an nip. Will the lease company be informed of the incident by either the police or dvla? She gave her personal details on the nip. Im really worried as this is a company vehicle and dont want to lose the car.
Helpneeeed - 16-Nov-16 @ 7:34 PM
Hi, I received Essex Police letter NIP about over speeding, the speed limit was 40 mph and I was going at 57 mph but they didn't send me any evidence like photographs or something else. So r asking me who was driving the car. They also mentioned that if we want to see any evidence they r gonna show us just in the court. Is it normal????
Moin - 10-Nov-16 @ 3:19 PM
Hi, I just received a NIP for going 36MPH on a 30mph road. I hold an EU driving licence (Portugal). What will happen? Thanks!
RA - 9-Nov-16 @ 9:42 PM
I Really need some advice please. I have just received an NIP letter today (29th October 2016 ) The date of the offence (which was speeding) however was on 23rd July 2016. Is this right ? I have read about the 14day rule etc and I changed my licence address in march 2016 when I moved house. Can I reject this NIP notice as it's been a total of 98 days since the offence was committed ? I have no recollection of that day and can't remember anything that happened, I've been driving for over 10years and have no points on my licence whatsoever. I'm a careful considerate driver and always have been. My trade in places a lot of driving I cover thousands of miles each month and have never been done for speeding. Please help as I have 28 days from 27th October to reply to the NIP. many thanks in advance. Gavel.
Gavel - 29-Oct-16 @ 2:32 PM
I received a court summons 3 months after speeding I have been given 6 points an £300 fine with no warning letter just a court summons. What can I do
Brad - 21-Oct-16 @ 9:54 PM
Hello I was caught doing 40mph in a 30mph zone by a mobile camera van on 4/10/16. I have received a 'notice of intended prosecution' dated 12/10/16. Is there anything I can do? What fine/points am I likely to get?
Stevo - 19-Oct-16 @ 8:30 PM
Absee - Your Question:
I received a fixed penalty after signing an nip, the 6 months to prosecute has passed 2 days ago and I have 3 days left to pay and send in my licence. Will they still be able to prosecute me if I refuse to send my licence in?

Our Response:
Yes of course they will! They've already initiated action in issuing the fixed penalty.
NoPenaltyPoints - 18-Oct-16 @ 11:39 AM
I received a fixed penalty after signing an nip, the 6 months to prosecute has passed 2 days ago and I have 3 days left to pay and send in my licence. Will they still be able to prosecute me if I refuse to send my licence in?
Absee - 17-Oct-16 @ 7:20 AM
Hello there i received an nip saying that I was doing 35 mph in a 30 zone , I have a cruise control on my car which was set, and was going in the flow of general traffic so other people were going past me, I am not a young joy rider but a 55 year old man going about his general business. What's the worse that can happen , and what's my rights? . Thanks
Tomo - 16-Oct-16 @ 9:35 PM
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