If you’ve received a Notice of Intended Prosecution (NIP), you’re probably thinking, “I had a notice of intended prosecution—what does it mean?” This is a legal document that’s part of the UK’s road traffic enforcement process and informs you of an alleged motoring offence. Here, we break down what it means, your responsibilities, and the possible outcomes.
What Is a Notice of Intended Prosecution?
A Notice of Intended Prosecution (NIP) notifies you that you’re being considered for prosecution for an alleged offence, such as speeding, careless driving, or mobile phone offences. This document is typically issued for breaches of the Road Traffic Act, including:
- Caught by a speed camera or police officer.
- Failing to Obey Traffic Signs.
- Using a Mobile Phone While Driving.
- Dangerous Driving or other road traffic offences.
The NIP must be issued within 14 days of the offence to be valid. In some cases, the notice may be issued verbally by a police officer at the scene or sent later to the registered keeper of the vehicle via first-class post or recorded delivery.
Why Did I Get an NIP?
An NIP is sent to the registered keeper with details of the alleged motoring offence, including the date, time, and location of the incident. You may receive an NIP if:
- The vehicle was caught speeding by a speed or traffic camera.
- The offence was witnessed by a police officer, who then reported it to the authorities.
- The offence involved failure to comply with traffic signs, such as running a red light.
If the vehicle’s details are incorrect in the DVLA database, such as an old address, the NIP may arrive late or be sent to the new owner. In such cases, the NIP’s validity can be challenged.
What Does the NIP Ask You to Do?
The NIP often comes with a Section 172 Notice, which requires you to provide driver details at the time of the alleged offence. Failing to complete this form within 28 days can result in:
- A fixed penalty notice.
- Six points on your driving licence.
- A fine of up to £1,000.
If you weren’t driving, you must identify who was. Providing false information is a criminal offence with serious consequences.
What Happens After I’ve Sent the Form?
Once you’ve completed the form, there are several possible outcomes depending on the offence and the circumstances:
1. Speed Awareness Course
For minor speeding offences, you may be offered a speed awareness course as an alternative to penalty points. This isn’t available for all offences and depends on the speed limit and the recorded speed.
2. Fixed Penalty Notice (FPN)
If the offence is straightforward, such as minor speeding or using a mobile phone, you may receive an FPN, which usually involves:
- A £100 fine.
- Three points on your licence.
3. Court Proceedings
For more serious offences like dangerous driving, you may receive a court summons or a Single Justice Procedure Notice. In such cases, the penalties can include:
- Higher fines.
- More penalty points.
- A driving ban or disqualification.
What If You Ignore the Notice?
Ignoring an NIP can lead to serious consequences, including prosecution for failing to identify the driver. You could face:
- Six penalty points.
- A £1,000 fine.
- A court appearance.
If you have a valid reason, such as not receiving the notice due to an old address, you should contact the issuing authority immediately.
Disputing the NIP
If you believe the NIP was issued in error, you can challenge it. Reasons to dispute the notice may include:
- The offence didn’t happen at the time stated.
- The vehicle wasn’t being used by you or a family member.
- You have evidence the notice is invalid, such as a late notice beyond 14 days.
Steps to Dispute:
- Get Legal Advice: Consult a solicitor who specialises in driving offences to review your case and provide guidance.
- Request Evidence: You can ask for photographic or video evidence, especially if the offence involved a speed camera or traffic signs.
- Attend Court: If the case goes to court, you’ll need to present your defence during proceedings.
Common Offences That Result in an NIP
Here are some of the most common offences that result in a Notice of Intended Prosecution:
Speeding: Exceeding the speed limit is one of the most common offences detected by speed cameras.
Careless Driving: Driving without due care and attention.
Dangerous Driving: Reckless behaviour that endangers others.
Mobile Phone Offences: Using a handheld phone while driving.
Failing to Stop at a Red Light: Ignoring traffic signs.
NIP FAQs
1. How Long Do I Have to Reply?
You must respond to the NIP and Section 172 Notice within 28 days. Failure to do so will result in additional penalties.
2. Can I Avoid Points?
For minor offences, you may be offered a speed awareness course. If completed, no points will be added to your licence.
3. I’ve Moved House
If your address is incorrect in the DVLA database, the NIP may be delayed or sent to an old address. Contact the issuing authority as soon as possible to avoid further legal actions.
4. What If I Dispute the NIP?
You can contest the notice by providing evidence or attending a magistrates court. Always seek legal advice before disputing.
Summary
A Notice of Intended Prosecution is a legal document that requires your attention. While it doesn’t automatically mean prosecution, ignoring it or failing to respond can lead to serious consequences. Whether the issue involves speeding, careless driving, or another motoring offence, understanding your obligations is crucial.
For any doubts, always seek legal advice to protect your rights and ensure compliance with the law. Acting promptly and responsibly is the best way to handle an NIP and minimise its impact on your driving licence.
