Receiving a Notice of Intended Prosecution (NIP) can be worrying. Whether it’s for a speeding offence, using a mobile phone whilst driving, or careless driving, knowing what to do next can help you avoid further issues. For expert legal support, 1 Motoring Solicitors can guide you through the process and help you protect your driving record. Here’s how to deal with a Notice of Intended Prosecution effectively.
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What is a Notice of Intended Prosecution?
A Notice of Intended Prosecution is a legal document from the police informing you they intend to prosecute you for a motoring offence. It must be sent within 14 days of when the alleged offence occurred. If posted, it usually arrives by first class post. It often comes with a Section 172 notice, asking for driver details. The notice is typically sent to the registered keeper of the vehicle involved in the offence.
What Should You Do When You Receive an NIP?
1. Check for Correct Details
Carefully read the NIP. Check the date, time, vehicle registration, and location of the alleged offence. Make sure your name and address are correct. If the notice went to an old address, this could cause delays. Errors might affect the prosecution’s case.
2. Respond Quickly
You must respond within 28 days, even if you weren’t the driver. Failure to reply can lead to prosecution, six penalty points, or a fine. Ignoring it won’t make it go away.
3. Identify the Driver
If you weren’t driving, provide the name and address of the person who was. This applies even if it was a hire vehicle. If you don’t know who was driving, show you used reasonable diligence to find out. Document your efforts. Under the Road Traffic Act, the registered keeper has a legal obligation to provide this information when requested.
4. Ask for Photographic Evidence
If unsure who was driving, you can request photographic evidence, especially for speeding offences caught by a speed camera. This may help you identify the driver but won’t necessarily show the full evidence unless it goes to court.
5. Seek Legal Advice if Needed
If you’re unsure how to respond, face serious charges like dangerous driving, or believe there are errors, seek legal advice. A solicitor can guide you, especially if there are mitigating circumstances.
What Happens After You Respond?
Depending on the situation, the police may:
- Offer a fixed penalty: a fine and penalty points on your driving licence. This is part of the fixed penalty process designed to handle minor motoring offences without the need for court proceedings.
- Offer a speed awareness course if eligible.
- Take no further action.
- Start court proceedings if the offence is serious.
Possible Defences Against an NIP
Common defences include:
- The NIP wasn’t served within the legal 14-day time limit.
- Incorrect details on the notice.
- You weren’t the driver, and you showed reasonable diligence to identify who was.
- Mistakes in evidence collection, such as speed limit errors.
If the Case Goes to Court
If you receive a postal requisition for a court hearing, consider legal advice. You can plead guilty or not guilty. Penalties vary, from fines and points to, in severe cases, a prison sentence.
Final Thoughts
Dealing with a Notice of Intended Prosecution quickly and correctly is vital. Check the details, respond on time, and get professional advice if needed. Whether it’s for a speeding offence, using a mobile phone, or another road traffic offence, understanding the process helps you avoid prosecution and manage the situation effectively.
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Lois Lane is a professional blogger and a seasoned Content writer for wellhousekeeping.com. With a passion for simplifying complex Home Decor topics, he provides valuable insights to a diverse online audience. With four years of experience, Lois has polished his skills as a professional blogger.
