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Notice of Intended Prosecution

By: Garry Crystal - Updated: 22 Jun 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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[Add a Comment]
Hi, I have received a Conditional offer of a fixed penalty.This was after being stopped by an officer with a speed gun travelling 50mph in a 30mph limit at 10:15pm.I did not argue the case at the time, but on review the Speed Limit Entry Signage from the 40mph zone into the 30mph zone in not adequate having a single temporary plastic sign fastened to a lamp post approx 6 foot high.Although the fixed penalty is only £100 & 3 penalty endorsement points, is it worth contesting due to inadequate signage or just take the fine & points as it would be still 10mph over the limit anyway even if taking the in correct signage into account. Regards
SMK - 22-Jun-17 @ 9:32 AM
Looby - Your Question:
My husband was sent an NIP which he filled in and sent back(Feb) He has not had any documentation wether the driver needs to attend court or documentation for penalty points and a fine. How long can documentation take to come, it has now been 3 & half months and not heard anything as yet.

Our Response:
You've not said what speed he was doing etc but if a court summons is to be issued it can take up to 6 months. Sometimes the police decide not to take further action in which case you may not hear anything. There's no harm in chasing it up if you're worrried.
NoPenaltyPoints - 20-Jun-17 @ 9:32 AM
My husband was sent an NIP which he filled in and sent back(Feb) He has not had any documentation wether the driver needs to attend court or documentation for penalty points and a fine. How long can documentation take to come, it has now been 3 & half months and not heard anything as yet.
Looby - 18-Jun-17 @ 12:24 AM
Hamilton - Your Question:
I was reversing and hit the back of a car on. I told the woman to go round the corner to exchange details but panicked and drove off. I have now received a letter from the police for requirement and address if driver. Please advise as what I should do. Not sure if the woman is able to prove who hit whom

Our Response:
Go to the police, tell them what happened and why you didn't stop. You'll probably need to contact your insurer as well.
NoPenaltyPoints - 6-Jun-17 @ 1:54 PM
I was reversing and hit the back of a car on .I told the woman to go round the corner to exchange details but panicked and drove off.I have now received a letter from the police for requirement and address if driver. Please advise as what I should do. Not sure if the woman is able to prove who hit whom
Hamilton - 4-Jun-17 @ 1:59 AM
Hi my car was stolen in February but the police have actually charged my partner with the offence, he has not admitted the offence as he says it wasn't him. He was told he should receive a NIP within two weeks but he hasn't received anything which was around 5 weeks ago. Should he be issued with one or will he be taken straight to court?
Brandy - 19-May-17 @ 7:31 PM
Kgh - Your Question:
I had been pulled over doing 70 in a 50 (I didn't realise it had changed to 50, but went with the flow of traffic) this happened on the 15th of November 2016. When I was pulled I'd been told I'd receiving a letter within 4 weeks. I've only now just received a letter from the MET police stating the offence. Can I argue any points of failing to notify myself? Many thanks

Our Response:
No - if you're stopped at the time of the offence, the police have up to 6 mothns in which to initiate further action. So as long as the most recent communication is dated before 15th May, it will be difficult to reject it on a time basis.
NoPenaltyPoints - 19-May-17 @ 2:17 PM
I had been pulled over doing 70 in a 50 (I didn't realise it had changed to 50, but went with the flow of traffic) this happened on the 15th of November 2016. When I was pulled I'd been told I'd receiving a letter within 4 weeks. I've only now just received a letter from the MET police stating the offence. Can I argue any points of failing to notify myself? Many thanks
Kgh - 18-May-17 @ 9:28 PM
Hi my partner recently got sent a nip for doing 58 in a 50. He was the driver at the time and duly responded and sent the form back on 29th april. He already has 3 points on his license from 2014 (doing 70 something on a stretch of motorway that had a 50mph ave speed limit on parts). These points r due to come off next june. He hasnt heard anything back yet. If he is offered a speed awareness course when can he expect to receive something back? Or in general re poss points/fine
Sam - 11-May-17 @ 4:54 PM
Shazz - Your Question:
Hi I need help for my friend.basically one of my friend recived NIP 2 different latter on 9th may 2017 basically he is our spreading 29 April 2017 and then 2nd day 30 April 2017 day on same road 50 miles limited satutratiy and he is doing 51 and 61 so he received two NIP and he don't no what to do and he scared what he do he already have 6 point on his licsence give me honest advice please

Our Response:
He may be lucky and be offered a speed awareness course for one of the offences which would mean if you were to be given 3 penalty points for the other offence it would only take him to a total of 9 meaning his licence might not be revoked. If no course is offered he will probably be given 2 x3 points which would take him to 12 in total (usually a ban). If this is the case he might want to try and appeal, a motoring lawyer will help.
NoPenaltyPoints - 11-May-17 @ 12:45 PM
Hi I need help for my friend .basically one of my friend recived NIP 2 different latter on 9th may 2017basically he is our spreading 29April 2017 and then 2nd day 30 April 2017day on same road50 miles limited satutratiyand he is doing 51 and 61 so he receivedtwo NIPand he don't no what to do and he scared what he do he already have 6 point on his licsence give me honest advice please
Shazz - 9-May-17 @ 9:58 PM
Marnie - Your Question:
I got caught by an officer on a bridge with a speed gun. Apparently I was doing 89 in a 70 zone but the officer who pulled me over did not show me any physical evidence that I was going hat speed. The officer then informed me they were doing average speed checks but there were no signs up to inform drivers that that was going on. The officer on the bridge was also not wearing any high visibility clothing, and its been 2 weeks already since I got the ticket. What are my chances really? And is a ticket still valid after a 14 day period?

Our Response:
There is no requirement for the police to make themselves visible or provide warning signs when operating mobile speed cameras and it cannot be used as a valid defence. The police do not have to provide evidence of the speed unless you attend court when you can request to see the evidence beforehand. The 14 day rule does not apply if you are stopped at the scene.
NoPenaltyPoints - 2-May-17 @ 11:31 AM
I got caught by an officer on a bridge with a speed gun. Apparently I was doing 89 in a 70 zone but the officer who pulled me over did not show me any physical evidence that I was going hat speed. The officer then informed me they were doing average speed checks but there were no signs up to inform drivers that that was going on. The officer on the bridge was also not wearing any high visibility clothing, and its been 2 weeks already since I got the ticket. What are my chances really? And is a ticket still valid after a 14 day period?
Marnie - 2-May-17 @ 9:24 AM
Iv received an nip with 5 things on it does this mean I will be getting points on my license? And how can you get an nip if you hsvnt even been pulled over? How can they off seen these offences?
Joey - 30-Apr-17 @ 7:32 PM
me - Your Question:
Can you tell me how much money you have to pay for doing about 40 in a 30 mile limit I haven't been sent anything yet but I got flashed this Sunday I've got no points,

Our Response:
You will probably be issued with either a fine of £100 plus 3 penalty points or offered a speed awareness course (the upper limit for a course is 42mph in a 30 - and note that it's up to the police to choose whether to offer you this option).
NoPenaltyPoints - 26-Apr-17 @ 11:05 AM
Can you tell me how much money you have to pay for doing about 40 in a 30 mile limit I haven't been sent anything yet but I got flashed this Sunday I've got no points,
me - 25-Apr-17 @ 3:24 AM
Caught speeding 42 in a 30 by speed camera. I havereceiveda nip asking who the driver is. What's the likely outcome as I'm concerned I might go to court. I have a clean license for 20 years. Thanks in advance for your help.
Bostar - 14-Apr-17 @ 3:41 PM
sionfrancis - Your Question:
Hi iv recieved an nip today stating they intend to prosecute me for careless driving I was never pulled over for such offence also they can't give me an exact time as letter states between 11.00-11.10 also apparent incident happened on the 22.3.1u only recieved letter today could I argue the 14 day rule

Our Response:
You will be given more information if it goes to court. The NIP is just to find out who was driving at the time. You just need to complete and return it. If the offence occurred on the 22/3 and you received it on 5th April, it was sent in the 14 day period so why would you be able to argue the 14 day rule?
NoPenaltyPoints - 6-Apr-17 @ 2:14 PM
Hi iv recieved an nip today stating they intend to prosecute me for careless driving I was never pulled over for such offence also they can't give me an exact time as letter states between 11.00-11.10 also apparent incident happened on the 22.3.1u only recieved letter today could I argue the 14 day rule
sionfrancis - 5-Apr-17 @ 9:28 PM
I have received a NIP today, 62 in a 50 zone andI fully admit that I was the driver at the time. However the address on the NIP is incorrect, with the building number missing, although the postie has delivered it to the right address would there be any reason for me to argue my case because of this? I haven't yet replied to the NIP
Scott - 28-Mar-17 @ 7:45 PM
Kps600 - Your Question:
I havd just received a NIP for 46 in a 40 limit, allowing for 10% speedo error that's 4 mph and 2 mph on top 46 mph,my investigations ACPO guidelines are as above why have I been ticketed as it should be 47 for a ticket.??

Our Response:
The guidelines say that action will be taken at speeds of 46mph and above in a 40mph zone. The guidelines don't replace the police's discretion however so you will not be able to reject on that basis.
NoPenaltyPoints - 28-Mar-17 @ 2:10 PM
I havd just received a NIP for 46 in a 40 limit, allowing for 10% speedo error that's 4 mph and 2 mph on top 46 mph,my investigations ACPO guidelines are as above why have i been ticketed as it should be 47 for a ticket.??
Kps600 - 27-Mar-17 @ 2:58 PM
I have an NIP with 5 items on it. Am I right in thinking that a separate NIP is required for each offence.
Chaz - 24-Mar-17 @ 10:21 PM
Kate - Your Question:
I got an NIP for an incident. I sent it within the 14 days and it's been nearly 2 months and I've not heard anything. Most people I know got a response quickly. Not sure whether to chase up or just leave it. I assume they'd be all over me if they hadn't received it!!!!

Our Response:
Better to just check they received it as you don't want to get a reminder with a court summons...
NoPenaltyPoints - 17-Mar-17 @ 2:07 PM
Rip - Your Question:
I have been stopped by the police today and they have reported me to the dvla regarding my number plate. I have a personalised number plate with the right font and sizing. My plate reads P111 LFV and I have screwed the plate on and used black screw fixings, one of which is between the second and third number. I have looked everywhere and can't find information to say that it's an offence to use a black screw fixing on your plate, and if so what are the consequences?

Our Response:
In placing a black screw in this position, you've changed the way the number plate reads. I.e it will now look more like the word Phil rather than the numbers and digits P111 L etc. Here is the information displayed on the government website: "It is an offence to alter, rearrange or misrepresent the numbers and letters on a number plate to form names or words, or in a way that makes it difficult to read the registration number. For example, you should not use fixing bolts to change any of the letters or numbers. Anyone with a number plate that does not display the registration number correctly could be fined up to £1000. In some cases, the registration number may be permanently withdrawn"
NoPenaltyPoints - 16-Mar-17 @ 2:04 PM
I got an NIP for an incident. I sent it within the 14 days and it's been nearly 2 months and I've not heard anything. Most people I know got a response quickly. Not sure whether to chase up or just leave it. I assume they'd be all over me if they hadn't received it!!!!
Kate - 15-Mar-17 @ 6:48 PM
I have been stopped by the police today and they have reported me to the dvla regarding my number plate. I have a personalised number plate with the right font and sizing. My plate reads P111 LFV and I have screwed the plate on and used black screw fixings, one of which is between the second and third number. I have looked everywhere and can't find information to say that it's an offence to use a black screw fixing on your plate, and if so what are the consequences?
Rip - 14-Mar-17 @ 8:03 PM
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
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