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Notice of Intended Prosecution

By: Garry Crystal - Updated: 13 Jan 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]
Chris - Your Question:
I have today received an NIP for an alleged traffic offence on the 28/10/17, traffic offence stated is failure to comply with red/green arrow/lane closure flashing light signals- automatic equipment NIP is dated 10/01/18, does the 14 day rule apply to this and can I reject it

Our Response:
If this is definitely an NIP (i.e not a FPN or PCN) then yes, it should have been sent within 14 days. Assuming you were the registered keeper and hadn't changed vehicle or address at the time of the offence, you may be able to challenge this. Please see our guide for more information (it refers to speeding but applies to other motoring NIPs)
NoPenaltyPoints - 16-Jan-18 @ 3:00 PM
I have today received an NIP for an alleged traffic offence on the 28/10/17, traffic offence stated is failure to comply with red/green arrow/lane closure flashing light signals- automatic equipment NIP is dated 10/01/18, does the 14 day rule apply to this and can I reject it
Chris - 13-Jan-18 @ 9:40 PM
Man - Your Question:
Hi yesterday police stopped me and check all my details and said they stopped me because I didnt use indicators at 5 turns and said they said they will send me 3 penalty point and £100 fine and then they let me go.but they didnt asked me to sign any paper or anything else.so is it possible tht they will send me points.

Our Response:
Yes after you're stopped at the time of an offence, you can be issued with a fixed penalty afterwards. You should hear soon but the police do have up to 6 months in which to take this further.
NoPenaltyPoints - 12-Jan-18 @ 1:47 PM
Hi yesterday police stopped me and check all my details and said they stopped me because i didnt use indicators at 5 turns and said they said they will send me 3 penalty point and £100 fine and then they let me go .but they didnt asked me to sign any paper or anything else .so is it possible tht they will send me points .
Man - 10-Jan-18 @ 5:44 PM
I was stopped 7 months ago for driving with no food delivery insurance but I have normal Inshurnce that time thay tuk my biketo police pound station and I've still not heard anything from anyone about it. When do people usually hear something back? Or am I in the clear?
Jkhan - 4-Jan-18 @ 1:52 PM
I was involved in a car accident that was my fault. My car was written off, as I went into the back of someone. The police attended the scene, took statements, and then told me that they intend to prosecute. They gave me a yellow slip, and said it could be a speed awareness course, or points, or fine or court prosecution. However, the yellow slip doesn't have much info on it. I've heard nothing since, and its now been over 2 months. I've researched and people say that it can take up to 6 months. Is this true? Is it just a case of sit and wait? Thanks.
LE - 4-Jan-18 @ 1:47 PM
Barry - Your Question:
I got a NIP for a speeding offence. I have signed it and sent it back - I believe on the 17th. But I have not recieved anything back? Do I just wait or.?

Our Response:
The police have up to 6 months in which to intiate further action. If you're concerned, you could always ring and check the progress.
NoPenaltyPoints - 3-Jan-18 @ 11:49 AM
I got a NIP for a speeding offence. I have signed it and sent it back - i believe on the 17th. But i have not recieved anything back? Do i just wait or...?
Barry - 30-Dec-17 @ 1:31 PM
Got a NIP on 19 Dec 2017. Red light failure. Can't remember breaking red light signal and I'm not convince with these automatic traffic cameras.What are the procedures I need to follow and do I have to inform insurance company as I am just about to renew insurance. Will I likely get points on licence and how will that affect insurance.
Jun - 25-Dec-17 @ 7:59 PM
I was stopped 7 months ago for driving with no food delivery insurance but I have normal Inshurnce that time thay tuk my biketo police pound station and I've still not heard anything from anyone about it. When do people usually hear something back? Or am I in the clear?
J khan - 21-Dec-17 @ 11:10 PM
Hi I received a NIP in the post yesterday for failing to stop, failing to report, inconsiderate driving but I am very confused as to why since I have no idea what im being convicted of. at the time of driving and where the letter stated all i remember was going around a roundabut being followed by a car which came up fast behind and tried to overtake me on my right hand side. next thing i knew he was flashing at me but i thought nothing of it, perhaps maybe my lights werent working. I am so worried as I dont want to be done for something that didnt happen. im 19 been driving for 2 years and have never had any problems with my driving. how should i proceed? i dont want to be fined or banned, thank you
willowtree - 21-Dec-17 @ 2:25 PM
Richard - Your Question:
I was pulled over for speeding 45 down a 20mph small lane to a national trust owned wooded area at about 10pm. However I was pulled over after I had parked and got out of the car. I was very polite and apologetic and fully understood the severity of my offence and was willing to accept any fine / points issued. The police told me I could get a fine of £600 and 3 points which I fully understood. One of them asked me to get in the back of the car and just as I was doing so, he said "actually don't". They didn't ask for my documents, they didn't issue me with an FPN, they didn't tell me that I would get a court summons, they didn't give me a verbal warning, they didn't advise me to take a speed awareness course. All they said was we have your number plate and will be watching you so I'm pretty sure they let me off. Is it possible for me to still receive a NIP / court summons / FPN without being told by the officers at the scene or have I really been let off this time?

Our Response:
The police don't have to issue you with any paperwork etc as long as they tell you want might happen/be decided next.You won't know whether they have "let you off" for a while, as they have up to 6 months in which to initiate further action.
NoPenaltyPoints - 20-Dec-17 @ 3:43 PM
I was pulled over for speeding 45 down a 20mph small lane to a national trust owned wooded area at about 10pm. However I was pulled over after I had parked and got out of the car. I was very polite and apologetic and fully understood the severity of my offence and was willing to accept any fine / points issued. The police told me I could get a fine of £600 and 3 points which I fully understood. One of them asked me to get in the back of the car and just as I was doing so, he said "actually don't". They didn't ask for my documents, they didn't issue me with an FPN, they didn't tell me that I would get a court summons, they didn't give me a verbal warning, they didn't advise me to take a speed awareness course. All they said was we have your number plate and will be watching you so I'm pretty sure they let me off. Is it possible for me to still receive a NIP / court summons / FPN without being told by the officers at the scene or have I really been let off this time?
Richard - 20-Dec-17 @ 9:13 AM
tasha - Your Question:
I sent my NIP form back a few weeks ago. How long does it take for them to get back to you to let you know if you will get points or be able to do a speed awareness course?

Our Response:
If you're to be offered a course or a fixed penalty you usually hear within about 28 days. If a court summons is to be issued, it can be up to 6 months.
NoPenaltyPoints - 18-Dec-17 @ 11:26 AM
Suggs - Your Question:
Hi, my wife received a NIP today, it stated that she was caught speeding in Hampshire, we live in Barnsley and were completely innocent of this, my wife phoned and got the response of it was the camera misreading the number plate and actually joked about it, should we take this matter as being dealt with or should we still send the NIP back??

Our Response:
It might be worth checking with a legal professional but it's probably better not to sign the NIP but to write to the address given on the NIP stating that you acknowledge receipt of the NIP and are the Registered Keeper, however none of the drivers of the vehicle were in Hampshire on the date in question.
NoPenaltyPoints - 15-Dec-17 @ 3:53 PM
I sent my NIP form back a few weeks ago. How long does it take for them to get back to you to let you know if you will get points or be able to do a speed awareness course?
tasha - 15-Dec-17 @ 1:11 PM
Hi, my wife received a NIP today, it stated that she was caught speeding in Hampshire, we live in Barnsley and were completely innocent of this, my wife phoned and got the response of it was the camera misreading the number plate and actually joked about it, should we take this matter as being dealt with or should we still send the NIP back??
Suggs - 13-Dec-17 @ 5:14 PM
Sewzee - Your Question:
I started work in an area I’m not familiar with and is about 35miles from where I live there is a road that leads to my work place that due to the speed of traffic travelling on there and people I have asked said it was 70mph I set my limiter on the car for 88kmph which is 56 mph and I’ve had two NIP in the last week and fear I have more to come as on checking everything it is a 60mph zone and my limiter on the car was set to 88mph not kph as I assumed I am ow worried I have more fines to come I’ve rung the garage as the car is brand new only had it 4 weeks and I thought I knew how to set the speed limiter thingbut obviously I got it wrong what Can I do I want to speak to someone in Pontypridd Traffic Control Dept as this happened on the A465 heading towards Dowlais and I am not aware of any signs on this road but am going to check though

Our Response:
If there are no signs you have to tell by the type of road you're on. The speed limits in urban areas with street lighting is 30mph. For single carriageway roads the national speed limit is 60mph. On dual carriageways and motorways the speed limit is 70mph. If you want to contest this or plead mitigation you will have to be prepared to attend court and it's worth seeking advice from a motoring lawyer.
NoPenaltyPoints - 12-Dec-17 @ 3:04 PM
Tino - Your Question:
I was stopped 6 months ago for driving with no insurance and I've still not heard anything from anyone about it. When do people usually hear something back? Or am I in the clear?

Our Response:
If a fixed penalty is to be issued, the police have up to 6 months to issue one.If they decide to prosecute, they mustlodge the papers with the court within 6 months - you may not necessarily be summoned in this period however as this will depend on the court's workloads.
NoPenaltyPoints - 12-Dec-17 @ 2:24 PM
LeeMM - Your Question:
Hi,Was pulled up 3 months ago and given a nips which was a leaflet stating they might prosecute. The offence was using a mobile phone which denied. I had a tablet device which drop from my passenger side into my footwell and only had the opportunity to remove whilst I became stationary at traffic , had to beccause dangerous situation. Today I received a conditional offer which is £200 and 6 penalty points. Have prove from phone company that wasn't using phone for calls or on internet during that time.

Our Response:
If the police officer thought you were using a device/distracted by something, while being in charge of a vehicle, they can take action. If you feel you have grounds to appeal you may have to consider consulting a motoring lawyer.
NoPenaltyPoints - 11-Dec-17 @ 11:25 AM
I started work in an area I’m not familiar with and is about 35miles from where I live there is a road that leads to my work place that due to the speed of traffic travelling on there and people I have asked said it was 70mph I set my limiter on the car for 88kmph which is 56 mph and I’ve had two NIP in the last week and fear I have more to come as on checking everything it is a 60mph zone and my limiter on the car was set to 88mph not kph as I assumed I am ow worried I have more fines to come I’ve rung the garage as the car is brand new only had it 4 weeks and I thought I knew how to set the speed limiter thingbut obviously I got it wrong what Can I do I want to speak to someone in Pontypridd Traffic Control Dept as this happened on the A465 heading towards Dowlais and I am not aware of any signs on this road but am going to check though
Sewzee - 11-Dec-17 @ 9:37 AM
I was stopped 6 months ago for driving with no insurance and I've still not heard anything from anyone about it. When do people usually hear something back? Or am I in the clear?
Tino - 11-Dec-17 @ 12:20 AM
Hi, Was pulled up 3 months ago and given a nips which was a leaflet stating they might prosecute.. The offence was using a mobile phonewhich denied. I had a tablet device which drop from my passenger side into my footwell and only had the opportunity to removewhilstI became stationary at traffic , had to beccause dangerous situation. TodayI received a conditional offer which is £200 and 6 penalty points . Have prove from phone company that wasn't using phone for calls or on internet during that time.
LeeMM - 10-Dec-17 @ 8:08 AM
Hoffers75 - Your Question:
Hi I was the registered keeper of the vehicle at the time of the incident and still am so there should be no delay in getting the NIP to me.

Our Response:
And have you changed address etc?
NoPenaltyPoints - 8-Dec-17 @ 2:59 PM
Hi I was the registered keeper of the vehicle at the time of the incident and still am so there should be no delay in getting the NIP to me.
Hoffers75 - 7-Dec-17 @ 3:09 PM
Hoffers75 - Your Question:
Hi I have just received a NIP the notice issue date is 04/12/2017 the offence was dated 10/10/2017.How should I proceed?

Our Response:
Were you the registered keeper of the vehicle at the time of the offence? Had you changed vehicle or address details around the time of the offence?
NoPenaltyPoints - 6-Dec-17 @ 11:30 AM
Hi I have just received a NIP the notice issue date is 04/12/2017 the offence was dated 10/10/2017. How should I proceed?
Hoffers75 - 5-Dec-17 @ 2:11 PM
I got a NIP for going through a red light. I was in my car in the area the NIP states at the time of the alleged offence however i don't recall going through any red light. Will i automatically get 3 points and a £100 fine? Can i appeal and if so would this have to be done prior to returning the original NIP form asking for the drivers name?
JS - 25-Nov-17 @ 11:03 PM
Halps - Your Question:
I was pulled over for the offence of driving without due care and attention, I was undertaking on a motorway (I drive a motorbike) I explained the car in front was driving too slow and would not change lanes. The officer said she had it all on film. I only realised after the tug that I should of asked to see the evidence! However I was issued with a print out from the officer; Surrey police driver referral which states: you will be reported for consideration of the question of prossecuting you for the above offences. My question is this happened 23/24 days ago and I am yet to receive anything through the post so I don’t know where I stand am I going to get prosecuted ?

Our Response:
Undertaking is an offence on the motorway, so if you acknowledge you were actually doing this, it's unlikely photo evidence will make any difference. The police have up to 6 months in which to take the next steps (as you were stopped at the scene, so it's not an NIP situation).
NoPenaltyPoints - 22-Nov-17 @ 12:59 PM
Badoof- Your Question:
My insurance company notified me on 27/10/17 of a claim against me alleging that I hit a parked car and that there was a witness with dashcam evidence. The insurance company sent out an independent assessor who has said that my car wasn’t involved in an RTA as far as he could ascertain as there is no damage to my car consistent with the allegations. On 30/10/17 I received a Notice of Intended Prosecution for careless driving, failure to stop at the scene and failure to report. The police also say they have dash cam evidence but the time on the police report is different to the time on the insurance report and the damage reported to the insurance company has been reported as a broken wing mirror, trim and paint damage. I am 19 and this could have a serious impact on my life and I don’t know what way to proceed with this. I didn’t do it and I’m wondered am I entitled to ask to see the dash cam evidence the police have? Thank you in advance.

Our Response:
If there is not damage to your car, you know it wasn't you driving at the time etc, it may be worth appealing this in case your vehicle reg has been "cloned".
NoPenaltyPoints - 20-Nov-17 @ 3:32 PM
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