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Notice of Intended Prosecution

By: Garry Crystal - Updated: 24 Oct 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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Hello i got a nip sayin i was driveing without due car and atttion from 30 days ago on a road that i was not on i have 2 qustions 1 does the 14 day rule work here and also i was not on the road what should i do ? Thanks Darren Trice
Daz - 22-Oct-17 @ 11:12 PM
Hi, was seeking some advice, I was dropping some food off for my friend to a customers house as a one off. I got stopped by a undercover police officer that found that I was delivering food. I did not have the correct insurance as he said I was using it for business use which I was not aware of. He has seized my vehicle. And said that I may get 6points on my licence with a fine. I am patiently waiting for over 3months now with no correspondence from the police or court. Should I still expect the documents to come through or can I be a bit more relaxed about it.
Sham - 19-Oct-17 @ 11:57 PM
Dan - Your Question:
I've received a letter saying my vehicle was involved in an incident on 11th August and they want to check who was driving at the time. I know it would have been me driving at the time but I've no recollection of any incident. What should I do?

Our Response:
Who is the letter from? What was the incident? Sorry - you need to make sure the letter is from an official body (i.e the police) before responding. If it is an NIP that you have received, just return the form saying you are not sure who was driving and request photographic evidence if possible.
NoPenaltyPoints - 11-Oct-17 @ 12:30 PM
Dragon - Your Question:
I have received an NIP dated 47 days after the alleged offence. The vehicle has now been sold, and I can't be sure if the DVLA had the correct address for the vehicle.Any suggestions?

Our Response:
If you were driving at the time, you should simply complete the form?
NoPenaltyPoints - 10-Oct-17 @ 12:16 PM
I've received a letter saying my vehicle was involved in an incident on 11th August and they want to check who was driving at the time. I know it would have been me driving at the time but I've no recollection of any incident. What should I do?
Dan - 10-Oct-17 @ 12:06 PM
Cats - Your Question:
Hi I have today received a NIP for doing 43 in a 30 zone. Problem is my car was on a test drive that afternoon but I'm not sure if it was me or the test driver driving at the time.Seems more likely to be the test driver as I use that road every day and know the speed limit.The test driver gave me a name and told me where she was coming from as in the street name. She brought with her a mechanic friend who told me he had traders insurance so can drive any car. Now what do I do? She drove the car away and back to my house so is the last person I saw driving.I did also travel that road on that day but I don't think I did at the time of the offence.Do I sign the form? Giving the details she gave me as the named driver?or do I ask for photographic evidence stating I'm unsure and need to verify who was driving?If I do that and you can't clearly see who was driving what happens then? I'm not happy as in my 24years of driving I have a totally clean licence I'm also disabled so my car is my life line without it I'm housebound. Also not working so a fine would be awful.I'm panicking that I'm going to get done for something I didn't do if they cant find the woman.Please help. I'm presuming she gave me the correct details

Our Response:
Say you're not sure who was driving and ask for photographic evidence, you may need to give all the names and details of anyone who could have been driving.
NoPenaltyPoints - 10-Oct-17 @ 11:36 AM
I have received an NIP dated 47 days after the alleged offence. The vehicle has now been sold, and I can't be sure if the DVLA had the correct address for the vehicle. Any suggestions?
Dragon - 7-Oct-17 @ 9:35 PM
Hi I have today received a NIP for doing 43 in a 30 zone. Problem is my car was on a test drive that afternoon but I'm not sure if it was me or the test driver driving at the time. Seems more likely to be the test driver as I use that road every day and know the speed limit. The test driver gave me a name and told me where she was coming from as in the street name. She brought with her a mechanic friend who told me he had traders insurance so can drive any car. Now what do I do? She drove the car away and back to my house so is the last person I saw driving. I did also travel that road on that day but I don't think I did at the time of the offence. Do I sign the form? Giving the details she gave me as the named driver?or do I ask for photographic evidence stating I'm unsure and need to verify who was driving? If I do that and you can't clearly see who was driving what happens then? I'm not happy as in my 24years of driving I have a totally clean licence I'm also disabled so my car is my life line without it I'm housebound. Also not working so a fine would be awful. I'm panicking that I'm going to get done for something I didn't do if they cant find the woman. Please help. I'm presuming she gave me the correct details
Cats - 7-Oct-17 @ 2:19 PM
Poll - Your Question:
Hi I was pulled up in April for been on the phone. I received a NIP I tried calling them to pay the fine etc but I couldn't get in touch with them. I went back to the police station of the area I was pulled asking them what to do and if they could get in touch. They couldn't either get through. I haven't heard anything else since but I'm wondering what to do?? Thank

Our Response:
If you were stopped at the time of the offence, you would not have been sent a NIP. Was it a fixed penalty? Why are you leaving it this long before chasing it up?
NoPenaltyPoints - 4-Oct-17 @ 2:31 PM
Hi I was pulled up in April for been on the phone. I received a NIP I tried calling them to pay the fine etc but I couldn't get in touch with them. I went back to the police station of the area I was pulled asking them what to do and if they could get in touch. They couldn't either get through. I haven't heard anything else since but I'm wondering what to do?? Thank
Poll - 3-Oct-17 @ 9:48 PM
Adam mc - Your Question:
So yesterday I recieved a letter for the offence of driving using my phone, the letter stated that I could do a course instead of the 6 points, so today ive recieved a totally different letter saying I have to accept the 6 points and pay the fine! Im really confused because I have booked a course instead of the points because I already have 6 and would result in being banned, can anyone help?

Our Response:
Was the first letter you received a Notice of Intended Prosecution (NIP)? If so it may have mentioned the possibility of a course and asked you if you would consider this option if it was made available to you, but the police do not HAVE to offer you the course (even if it's your preferred option). The standard alternative to a course for this offence is now 6 points plus a fine.
NoPenaltyPoints - 25-Sep-17 @ 3:26 PM
So yesterday i recieved a letter for the offence of driving using my phone, the letter stated that i could do a course instead of the 6 points, so today ive recieved a totally different letter saying i have to accept the 6 points and pay the fine! Im really confused because i have booked a course instead of the points because i already have 6 and would result in being banned, can anyone help?
Adam mc - 23-Sep-17 @ 3:05 PM
Redz - Your Question:
Hi,Someone I know may have been speeding at around 43mph in a 30mph zone. A police with a speed gun may have stopped them and taken their name and address. The person may have been driving a company car which is a leased vehicle. As the police may have taken the driver details directly do they have to send the NIP within 14 days to the driver or registered keeper? It may have been more than 14 days ago since this may have happened.

Our Response:
No, if a driver is stopped at the time of the offence the 14 day rule does not apply.
NoPenaltyPoints - 20-Sep-17 @ 10:58 AM
hughie - Your Question:
I was stopped for speeding on my motorbike - 41mph in a 30mph zone by a police traffic officer. I was not issued with a ticket but I was told I was being referred for a speed awareness course I have yet to hear anything after nearly a month am I in the clear?

Our Response:
Not necessarily, the police actually have up to 6 months in which to initiate further action.
NoPenaltyPoints - 19-Sep-17 @ 2:07 PM
Hi, Someone I know may have been speeding at around 43mph in a 30mph zone. A police with a speed gun may have stopped them and taken their name and address. The person may have been driving a company car which is a leased vehicle. As the police may have taken the driver details directly do they have to send the NIP within 14 days to the driver or registered keeper? It may have been more than 14 days ago since this may have happened.
Redz - 18-Sep-17 @ 10:22 PM
Nee - Your Question:
Hello, I received intention to institute proceedings from police today driving 42mph on a 30 mph road. Please what's the likely punishment

Our Response:
It's likely you will receive 3 penalty points plus £100 fine. You might be offered a Speed Awareness Course, but you are right at the upper limit for that under the police guidelines.
NoPenaltyPoints - 18-Sep-17 @ 1:48 PM
I was stopped for speeding on my motorbike - 41mph in a 30mph zone by a police traffic officer. I was not issued with a ticket but I was told I was being referred for a speed awareness course I have yet to hear anything after nearly a month am I in the clear?
hughie - 18-Sep-17 @ 1:07 PM
Hello, I got an NIP about speeding in a 30 zone I have read the letter and am ledgible for a speed awareness course, I sent my letter off a Week ago (it was about 2 days after receiving the notice) and I haven't heard anything back from them, no email, phone call, not even a letter for the course ? Do you know roughly how long it takes for them to get back to me ? Because I'm worried that if my letter gets lost in the post or something I will receive a fine of which I know I wont be able to pay ?
FirstTimer - 16-Sep-17 @ 2:00 PM
Hello, I received intention to institute proceedings from police today driving 42mph on a 30 mph road. Please what's the likely punishment
Nee - 16-Sep-17 @ 1:16 PM
Sam - Your Question:
I've received an NIP for an alleged speeding offence, I was caught out by a motorcycle copper with a laser gun at 42mph. The NIP doesn't state a speed limit for the place he caught me. I could have been doing 42mph in a 40 and fallen into the 10% rule but I don't know. Can I contest this?

Our Response:
It's worth finding out what the speed limit was yourself. The NIP simply has to state the place/time and offence etc. Ignorance of the speed limit on a particular road is never accepted as a defence.
NoPenaltyPoints - 8-Sep-17 @ 1:55 PM
I've received an NIP for an alleged speeding offence, I was caught out by a motorcycle copper with a laser gun at 42mph. The NIP doesn't state a speed limit for the place he caught me. I could have been doing 42mph in a 40 and fallen into the 10% rule but I don't know. Can I contest this?
Sam - 7-Sep-17 @ 9:40 PM
John - Your Question:
Hi, I have receive an NIP to fail to stop by police however, I didn't realise at all while driving. I was driving at that place and the date, time was accurate. They have asked me to fill the part 1 form and send it to them within 28days. Please advise me what should I do now. Thanks

Our Response:
If you were driving your vehicle at the time and location indicated on the NIP, then you should complete the form as required.
NoPenaltyPoints - 5-Sep-17 @ 10:39 AM
Hi, I have receive an NIP to fail to stop by police however, I didn't realise at all while driving. I was driving at that place and the date, time was accurate. They have asked me to fill the part 1 form and send it to them within 28days. Please advise me what should I do now. Thanks
John - 2-Sep-17 @ 2:15 PM
my Dad lives in scotland and he was pulled over routine stop and check and has received paperwork from the procurator fiscal saying that he needs to attend court or write to give a plea guilty or not guilty to the following Windscreen washer bottle empty Battery clamp not fitted tyre was said to only have 13lbs psi and walls to which found to be perished. my dad is currently in Hospital and will be for some time ( christmas at least) please advise what points and fines he can expect or is there any way to fight this. i need to reply before the 12th september (court date) which he will not be able to attend due to being in hospital
snakie - 24-Aug-17 @ 9:49 AM
AD - Your Question:
Hi, my wife received a NIP last friday (17/08/2017) with the offence noted as Driving without Due Care and Attention, the date of offence is 23/06/2017. Two things: I am reading a lot about the 14 day notice period so as the time difference here is a day short of 8 weeks can this be refused and how do I go about this? Also there is the attached Application for the Identity of The Driver, do we still need to complete this? What should our next steps be? Many thanks for your advice.

Our Response:
The 14 day rule may apply. However if any of the details have changed (address, vehicle etc) the police can take longer to trace the driver. If there was an accident at the time - the 14 day rule does not apply. An accident could include just hitting a bollard etc.
NoPenaltyPoints - 23-Aug-17 @ 11:08 AM
Hi, my wife received a NIP last friday (17/08/2017) with the offence noted as Driving without Due Care and Attention, the date of offence is 23/06/2017.Two things:I am reading a lot about the 14 day notice period so as the time difference here is a day short of 8 weeks can this be refused and how do I go about this? Also there is the attached Application for the Identity of The Driver, do we still need to complete this? What should our next steps be?Many thanks for your advice.
AD - 21-Aug-17 @ 9:37 AM
katie G - Your Question:
I got an NIP - for apparently jumping a red (at 20mph) light last Sunday morning, but, I wasn't near that junction on that day. They haven't provided me with photographic evidence (I'm the only driver of my car and only one with keys so keen to see what the car actually looks like and who the driver is) They have also got the body shape of my car wrong and described as a sports model which it definitely isn't and didn't state the colour of the car - however they've got my registration.I don't want to take the blame for someone else jumping the lights but I've also been warned that if I plead not guilty I will have to go through court and pay lots of money. Any suggestions?

Our Response:
If you have proof that it wasn't you, it's worth contesting. You can reply and say you don't think it was you and request photographic evidence (they can't always supply it but usually do). There are occasions when the police get it wrong or it could be that another similar vehicle has cloned your reg etc. It's certainly worth questionining it when you return the NIP by saying you weren't the driver.
NoPenaltyPoints - 2-Aug-17 @ 2:39 PM
Nats - Your Question:
I received a notive of intended prosecution for allegedly using my phone whilst driving. I was actually in a shop at the time shown. How can I contest this? I also have an in car bluetooth kit, so unsure who this allegation could come about. I was not stopped by the police, but told in the letter they have credible evidence. What should I do to request the evidence?

Our Response:
Ask the shop if they have CCTV. If you purchased anything check the time on the receipt. If you car was parked somewhere else and you have a record of leaving the car park etc, you could use that. It might be worth consulting a motoring lawyer before taking any action.
NoPenaltyPoints - 1-Aug-17 @ 2:41 PM
Bob - Your Question:
I have missed the deadline for paying a PCN speeding fine @43 in a 30, I did send it away late ! What is the general outcome via the court £'s & points ?

Our Response:
This depends on the judge really. The recommendations for the above speeds ifthe case goes to court are for a band B fine and 4 to 6 points. A band B fine is 75% to 125% of your weekly income.
NoPenaltyPoints - 1-Aug-17 @ 2:39 PM
I got an NIP- for apparently jumping a red (at 20mph) light last Sunday morning, but,I wasn't near that junction on that day. They haven't provided me with photographic evidence (I'm the only driver of my car and only one with keys so keen to see what the car actually looks like and who the driver is) They have also got the body shape of my car wrong and described as a sports model which it definitely isn't and didn't state the colour of the car - however they've got my registration. I don't want to take the blame for someone else jumping the lights but I've also been warned that if I plead not guilty I will have to go through court and pay lots of money. Any suggestions?
katie G - 31-Jul-17 @ 2:16 PM
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