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Notice of Intended Prosecution

By: Garry Crystal - Updated: 14 Aug 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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[Add a Comment]
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
Received letternotice of intended prosecution Date of offence 17/5/2018letter dated 6/7/2018 FOR AN ALLEGED OFFENCE OF EXCEEDING A VARIABLE SPEED LIMIT Regarding company car which is hire car being supposedly Caught by a automaticcamera device at speed of 71mph Speed limit of 60 mph on M25 CONTRARY TO ABOVE REGULATION AND SECTION 17 (2 ), (3)AND (4) OF ROAD TRAFFIC REGULATION ACT 1984 AND SCHEDULE 2 TO THE ROAD TRAFFIC OFFENDERS ACT 1988 QUESTION :- WHERE DO I STANDGIVEN VARIABLE SPEEDLIMIT AND MOTOWAY NORM LIMIT OF 70MPH?
Mark - 7-Jul-18 @ 11:22 AM
AmySmith - Your Question:
I got 2 NIP on the same day (I did both offence on the same day, one afternoon and one at night), I sent back the first and got a reply from West Yorkshire Police to offer a speed awareness course, which I already booked.I was the driver for both cases but what will happen if I send back the 2nd NIP that I was a driver? Will they offer another course or will they fine me and put 3 points on my driving licence? I need to send back the second letter within 28 days as well but I would like to know what to expect.Many thanks,

Our Response:
You won't be offered two speed awareness courses, so it's likely you will receive3 points plus £100 fine assuming the speed was within the relevant guidelines for afixed penalty.
NoPenaltyPoints - 29-Jun-18 @ 3:12 PM
I got 2 NIP on the same day (I did both offence on the same day, one afternoon and one at night), I sent back the first and got a reply from West Yorkshire Police to offer a speed awareness course, which I already booked. I was the driver for both cases but what will happen if I send back the 2nd NIP that I was a driver? Will they offer another course or will they fine me and put 3 points on my driving licence?I need to send back the second letter within 28 days as well but I would like to know what to expect. Many thanks,
AmySmith - 28-Jun-18 @ 2:44 PM
dangermouse - Your Question:
Received NIP on 23/6/18 off my employer, not sure if they recieved this within 14 days stating that I was doing 135mph in a 50mph in a Mercedes 816 that is restricted to 56mph. Any advice would be really helpful.

Our Response:
This sounds like an error, you should write back saying that you were the driver but that you cannot have been doing such as speed.
NoPenaltyPoints - 26-Jun-18 @ 3:44 PM
I received a NIP from West Yorks Police dated 5th June 2018 which I received on the 18th June and the alleged offence took place on 9th May 2018 which is 27 days after the alleged offence took place. I have sent a letter to the Casualty reduction unit recorded delivery on 18th Junerejecting this NIP on the grounds of the 14 day rule and the fact that 27 days ago I can not say if it was driving myself, my partner or my daughter wasdriving as we all use this car. I have not had a reply back what should I do?
Lozym - 26-Jun-18 @ 2:52 PM
Steve - Your Question:
HiReceived a NIP on 18/06/18 for a speeding offence caught on camera on 25/12/17 (37 in a 30 zone). Police say they issued a ticket on 28/12/17 and a request for driver details on 31/01/28 by first class post. These letters weren’t received. The letter containing the NIP received on 18/06/18 was the first I knew that an offence had been committed. What do you suggest I do? Plead guilty to the speeding charge and challenge the charge for not providing the driver’s details requested in January??Many thanks.

Our Response:
We can't really advise here, you'd need to talk to a legal professional who can look at all the information. The police will quite likely have evidence to prove that the letters were sent on the dates in question. If the latest correspondence is an NIP rather than a summons, then it might be simplers to just return it and accept a fine/points.
NoPenaltyPoints - 25-Jun-18 @ 11:50 AM
Received NIP on 23/6/18 off my employer, not sure if they recieved this within 14 days stating that I was doing 135mph in a 50mph in a Mercedes 816 that is restricted to 56mph. Any advice would be really helpful.
dangermouse - 24-Jun-18 @ 4:03 PM
Hi Received a NIP on 18/06/18 for a speeding offence caught on camera on 25/12/17 (37 in a 30 zone). Police say they issued a ticket on 28/12/17 and a request for driver details on 31/01/28 by first class post. These letters weren’t received. The letter containing the NIP received on 18/06/18 was the first I knew that an offence had been committed. What do you suggest I do? Plead guilty to the speeding charge and challenge the charge for not providing the driver’s details requested in January?? Many thanks.
Steve - 22-Jun-18 @ 8:49 AM
Speeding offence via camera occurs on 21/02/18. Nip received by registered keeper on 19/06/18, well outside 14 day limit. Registered keeper not driving so returns details of driver... Is driver eligible for prosecution as NIP was sent well outside 14 day limit and no other circumstances such as change of reg keeper or address?
Paul B - 19-Jun-18 @ 5:50 PM
I received a copy of a nip from the rental car company for vehicle I was driving. I was expecting the letter to arrive from the police but instead they’ve sent through a nip for the same road but a different car that I wasn’t driving. Should I respond pointing out their error?
Dg83 - 18-Jun-18 @ 7:18 PM
I was driving down a country road in Scotland, hit some mud and lost control I hit a wall and rolled the car. No one else involved me and my 26,yr old daughter in car were unhurt we got out no one else involved car a complete right off! The police etc came, took details and that was 10 weeks ago and I’ve heard nothing except recovery of the car etc. Will I still hear from the police and can I still be in trouble ????
Mindy - 12-Jun-18 @ 5:10 AM
Don - Your Question:
Hi I have been sent a NIP for 95 in a 70. Fixed gantry camera on smart motorway. My pack includes a page Three application to deal with it by way of a fixed penalty 3 points and £100 fine. They have let me pay this online and I have sent the forms to the relevant departments. Is my application likely to be rejected?

Our Response:
This is just below the level for a court summons but above the level for a course to it looks like you've been given the choice to agree to a fixed penalty especially if you have an option to pay online.
NoPenaltyPoints - 8-Jun-18 @ 2:52 PM
Bhu - Your Question:
Rec'd NIP, doing 90mph on 70mph on SMART motorway. Caught by mway speed camera whih wasn't on SMART use.What is the likely outcome going to be?

Our Response:
It seems that the variable speed cameras on some smart motorways are being used as normal cameras to detect drivers flouting the national speed limit - so other drivers beware! The recommended outcome for 90 in a 70 limit is a fixed penalty of £100 plus 3 points. A court summons is not usually issued for speeds of less than 96 mph but if you do get a summons, they courts may issue a Band B fine (approx 100% of net weekly income) plus 4 to 6 points.
NoPenaltyPoints - 8-Jun-18 @ 2:10 PM
Caught Speeding 39mph on a 30mph road. Received the NIP within 14 days and sent it back the very next day of receiving it. I don't have any previous traffic voilation/speed awareness course etc. Will i be eligible for a Speed awareness course or will i get 3 points on my license :/
Saad - 7-Jun-18 @ 4:48 PM
Hi I have been sent a NIP for 95 in a 70. Fixed gantry camera on smart motorway. My pack includes a page Three application to deal with it by way of a fixed penalty 3 points and £100 fine. They have let me pay this online and I have sent the forms to the relevant departments. Is my application likely to be rejected?
Don - 7-Jun-18 @ 7:38 AM
Rec'd NIP, doing 90mph on 70mph on SMART motorway. Caught by mway speed camera whih wasn't on SMART use. What is the likely outcome going to be?
Bhu - 6-Jun-18 @ 9:42 PM
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