Home > Types Of Ticket > Notice of Intended Prosecution

Notice of Intended Prosecution

By: Garry Crystal - Updated: 18 Jun 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.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
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
DriverA - Your Question:
Hi -Served an intention to prosecute notice (37 in 30) letter dated 1/6/2018 offence 28/4/18. Well outside the 14days. Not changed address in 4years and car registered to me for past 2. Can I reject/contest this and if so how would I contest/reject this?

Our Response:
Our guide here gives details of the process you need to follow.
NoPenaltyPoints - 6-Jun-18 @ 3:41 PM
GINGER - Your Question:
I was caught doing 64mph in a 40 I thought it was a 60 and pushed my luck as we all do. I've only had my licence 6 months. I'm losing it aren't i

Our Response:
Not necessarily. The guidelines say that a court summons will be issued for speeds of 66mph or above. You may be "lucky" and get away with 3 points plus £100 fine as your speed is too high for the offer of a speed awareness course.
NoPenaltyPoints - 6-Jun-18 @ 2:55 PM
I was caught doing 64mph in a 40 I thought it was a 60 and pushed my luck as we all do. I've only had my licence 6 months. I'm losing it aren't i
GINGER - 6-Jun-18 @ 9:15 AM
giani95 - Your Question:
Hi, I received notice about speed, I complete with information, sign and sent back around 18 days ago and still haven't received nothing back.What I should to do?

Our Response:
The police actually have up to 6 mothns in which to initiate further action so you may have to wait a little longer before you hear from them.
NoPenaltyPoints - 5-Jun-18 @ 2:42 PM
Hi, I received notice about speed, i complete with information, sign and sent back around 18 days ago and still haven't received nothing back. What I should to do?
giani95 - 4-Jun-18 @ 4:41 PM
I recieved a nip for doing 50 on a 40 road. Ive had my license for 1 year & 2 months, if i accept the penalty and request the course, what happens to my licence? Will i get 6 points?
ellie - 2-Jun-18 @ 6:04 PM
I have received a NIP and returned signed. That was about 4-5 weeks ago and still not heard anything back. Should I chase? Should I be worried or have I got lucky?
James - 2-Jun-18 @ 3:38 PM
Hi -Served an intention to prosecute notice (37 in 30) letter dated 1/6/2018 offence 28/4/18. Well outside the 14days. Not changed address in 4years and car registered to me for past 2. Can I reject/contest this and if so how would I contest/reject this?
DriverA - 2-Jun-18 @ 1:05 PM
Grecians68 - Your Question:
Given an NIP for doing 25 in a 20 limit.NIP was given in time frame.What will the likely outcome be?They said something about an education course as an alternative.

Our Response:
Your speed is within the recommended guidelines for a course but they are only given at the discretion of the police (the decision will be made at the central ticketing office). The alternative might be £100 fine plus 3 points.
NoPenaltyPoints - 1-Jun-18 @ 3:29 PM
Given an NIP for doing 25 in a 20 limit. NIP was given in time frame. What will the likely outcome be? They said something about an education course as an alternative.
Grecians68 - 31-May-18 @ 1:39 PM
I was given a NIP but with a recommended disposal option of education ticked. This was on 5/5/18 and have just received the fixed penalty letter today dated 29/5/18 of £100 . The police officer said he would recommend that I don’t get a fine but if I did would be £30. I wish to know what option can I take as I feel I have been misinformed, whether to pay fine or go to court. Any info would be greatly appreciated
Liddyx - 30-May-18 @ 6:28 PM
I know it was silly and very stupid but here it goes Was going down the m6 toll road on a Sunday morning (around 11) ended up dropping my toe in a black c class Merc as the car got to the speed of 105 (mph) a police car pulled me over with the speed on his gun they took me in the back of there car told me I’d have a letter with 2 week with a court date and so on (I’m 18 I didn’t have a clue I was just nodding my head) I never got no paper work or anything like that they took a photo of me as iv changed a bit since there records it’s now 2 month later and I haven’t had anything come in the post they took my address contact numbers had all my info on there data base What do you think will happen I’m pretty sure at 18 I’m going to get a ban when it comes back but I would like your opinion
Silly driver - 30-May-18 @ 4:05 PM
Wilksey- Your Question:
My partner was stopped by the police for not wearing a seatbelt correctly in her lorry, this happened over 5 weeks ago. She was fined £100 but as yet we haven’t received it, how long do these usually take to come through ?

Our Response:
What hasn't she received? Sorry it's not clear.
NoPenaltyPoints - 21-May-18 @ 1:45 PM
My partner was stopped by the police for not wearing a seatbelt correctly in her lorry, this happened over 5 weeks ago. She was fined £100 but as yet we haven’t received it, how long do these usually take to come through ?
Wilksey - 20-May-18 @ 10:18 AM
Matt - Your Question:
Hi was giving a nip 4 days after receiving my acknowledgment of no longer being the registered owner of a vehicle. Change of owner changed 02/05/18 the offence in question happened 06/05/18 I haven’t got new owners details what should I do

Our Response:
We assume you informed the DVLA when you sold the vehicle (either sending off the form or using the online service). Return the NIP form saying you are not the registered keeper of the vehicle.
NoPenaltyPoints - 18-May-18 @ 12:09 PM
Hi was giving a nip 4 days after receiving my acknowledgment of no longer being the registered owner of a vehicle. Change of owner changed 02/05/18 the offence in question happened 06/05/18 I haven’t got new owners details what should I do
Matt - 17-May-18 @ 10:33 AM
Hi there got stopped and been done for tyres the officer said that i would here in 7 working days it has been 10 working days and still nothing how long should it take to hear from them. many thanks for help
DAZ - 10-May-18 @ 2:24 PM
#concerened94 - Your Question:
I was caught doing 56mp in a 40 with the new speeding laws will I not be offered the 100 fine with 3 points or am.i looking at the new 50% of weekly earnings help!

Our Response:
You may be offered a fine and 3 points as 56 is below the threshold for a court summons. If it does proceed to court it will attract a band B fine which is actually in the region of 100% of yuor weekly income together with 4 to 6 penalty points.
NoPenaltyPoints - 8-May-18 @ 3:19 PM
Giz - Your Question:
Just recieved an NIP for 72 in a 60 with manned camera, date of offence is 21/3/18 date on letter is 2/5/18It is a company van so I imagine that’s why the date difference, however it’s been sent to an address I have no connection with or ever have How do I stand

Our Response:
Sorry how have you received it if it's been sent to an address you're not connected with? Please could you explain.
NoPenaltyPoints - 8-May-18 @ 10:46 AM
I was caught doing 56mp in a 40 with the new speeding laws will I not be offered the 100 fine with 3 points or am.i looking at the new 50% of weekly earnings help!
#concerened94 - 6-May-18 @ 9:32 PM
Just recieved an NIP for 72 in a 60 with manned camera, date of offence is 21/3/18 date on letter is 2/5/18 It is a company van so I imagine that’s why the date difference, however it’s been sent to an address i have no connection with or ever have How do I stand
Giz - 5-May-18 @ 10:51 AM
Pj - Your Question:
I was caught speeding by police 42mph in a 30zone and issued a yellow ticket receipt from police. Have not heard anything back for over 40days now. What fine and points am I looking at.Thanks pj

Our Response:
The police have up to 6 months to take further action after stopping you at the time of an offence. The usual penalty for 42 in a 30 would be 3 points plus £100. It is just within the upper limit of the guideline recommendations for the offer of a speed awareness course so there's a chance you could be offered a place - but note, this is a police choice and not an automatic occurrence.
NoPenaltyPoints - 2-May-18 @ 2:55 PM
Hi there, I have received two Notice of Intended Prosecution for driving 40 miles per hour in a 30 miles per hour road. They are from two speed cameras that are a mile apart and the time for both are a minute apart. For travelling a mile in a minute you need to go 60 miles per hour. Also is it possible to have two fines a minute apart for the same? The road change name between the two cameras but is this legal? Can I ask for the photos or the calibration certificates or do I need to go to court for that? Thank you very much for your help.
LFS - 1-May-18 @ 3:22 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments