A Notice of Intended Prosecution (NIP) is a formal document sent to a driver or the registered keeper of a vehicle about an alleged offence, such as speeding, dangerous driving or not being in proper control of a vehicle. Understanding the NIP process is key to protecting your driving licence and avoiding fixed penalty notices or court summons.
What is an Intended Prosecution Notice?
A NIP is part of the legal requirement under the Road Traffic Act to inform a driver or vehicle’s registered keeper of an alleged road traffic offence. Common offences that lead to a NIP are speeding, running a red light or using a mobile phone while driving.
The notice is to give drivers clarity on the offence, comply with driver information requests and allow the recipient to respond within the time frame.
Common Offences and NIPOffences
Common offences that result in a NIP are:
- Speeding/Exceeding speed limit.
- Dangerous driving or misuse of a vehicle.
- Failing to comply with a red light or other traffic signals.
- Using a mobile phone while driving.
How NIPs Are Sent
- At the Scene: A police officer may tell the driver verbally.
- By Post: A written notice is sent to the address for the registered keeper.
- Other: Via a conditional offer such as a fixed penalty notice.
Make sure you check your details are up to date as notices sent to an old address or a previous owner will still be prosecuted if not responded to.
What to Do When You Get a NIP?
When you get a NIP do:
- Read Carefully: Check the details of the incident (e.g. date, time, location).
- Respond Quickly: You must respond within 28 days of the notice being sent to provide the requested information.
- Identify the Driver: If you weren’t driving, give accurate details of the driver. Giving false information can result in serious penalties.
- Check Calibration: If you were caught by a speed camera, ask for a calibration certificate to check the equipment was working properly.
Not responding can result in prosecution for failing to provide driver information which can lead to penalty points, a fine or even a driving ban.
Penalties and OutcomesFixed Penalty Notice
For minor offences like speeding or failing to comply with a signal you may get a fixed penalty. This can be:
- A £100 fine.
- 3-6 points on your driving licence.
Driver Awareness Scheme
Depending on the offence you may be offered a speed awareness course or a driver awareness scheme as an alternative to points. These courses are to educate road users and improve safety.
Court
For more serious offences you may need to attend court. The magistrates’ court can impose fines, additional points or even a driving ban. If you decide to plead guilty or contest the charges it’s vital you prepare for the court hearing with legal representation.
How #1 Motoring Solicitors Can Help
You’ve got an NIP and unsure what to do? #1 Motoring Solicitors offer expert advice. They deal with drivers who are being prosecuted for offences like speeding, dangerous driving or failing to provide driver information. They can help you with:
- Checking the notice is valid (e.g. recorded delivery or delays).
- Defending court proceedings or challenging the evidence.
- Advice on speed awareness courses or alternative options.
By talking to experts you can reduce stress and respond correctly.
Common Mistakes to Avoid
To avoid hassle:
- Make sure your address is up to date with the DVLA so notices aren’t sent to an old address.
- Respond quickly and accurately to requests for information.
- Keep records of correspondence in case of future arguments.
Conclusion
Just because you’ve got a NIP doesn’t mean you’ll be prosecuted straight away. It’s an opportunity to deal with the alleged offence and comply with the law. Whether you’re looking at a fixed penalty, a speed awareness course or a court hearing you need to act fast.
Contact #1 Motoring Solicitors to help you protect your rights and navigate the road traffic laws.
