Notice of intended prosecution (NIP) What it means and what to do

Notice of intended prosecution (NIP) What it means and what to do

Receiving a notice of intended prosecution (NIP) can be worrying, especially if you are unsure to why you have received the notice, or what happens once you have received it. Depending on the offence, if it was speeding, careless driving or another separate incident. Many motorists wonder what effect a NIP will have on them.

The good news is that just because you have received a NIP, that does not mean you are guaranteed a conviction of the offence. However, it is important that you know the legal obligations, time limits and what you must do after you receive a notice.

What is a notice of intended prosecution (NIP)

A NIP is a formal documentation issued by the police informing a driver or the registered owner of the vehicle that they may face prosecution for an alleged road traffic offence.

The most common offences that results in a NIP include

·      Using a mobile phone while driving

·      Failing to obey traffic signs

·      Speeding offences

·      Careless or reckless driving

A NIP is commonly accompanied by a section 172 request requiring the recipient to provide driver information and identify the driver responsible for the vehicle at the time of the alleged offence.

When do you receive a NIP?

In most cases, the police must send the first NIP to the registered keeper in 14 days of the incident. If the NIP is not delivered within this timeframe, it may have an effect on the case, although there are some exceptions.

Important to note that the requirement applies to the first NIP sent to the keeper of the vehicle.

What should you do if you are to receive a notice

First step is to NOT avoid It.

·      You should carefully review it, date and location of the alleged offence

·      The vehicle registration details

·      Supporting evidence if any.

·      The section 172 request for driver information.

In most cases, there is a 28 day time frame to identify the driver. If there is no response in those 28 days, then that can cause a separate offence carrying out additional fines and penalty points.

Even if you believe the allegation is wrong, you must still respond to the request for driver details.

Why have you received a NIP?

The police may issue an NIP if they believe a vehicle has been involved in a road traffic offence.

The notice is designed to inform the registered keeper about the allegation while the details of the one who was responsible for the vehicle during the time of the incident.

If you were not the one driving the vehicle, you must provide details of the individual who was responsible for the vehicle at the time of the alleged offence.

Common reasons a NIP may be challenged

·      The notice arrived outside time limits.

·      Incorrect vehicle registration details

·      Errors involving vehicle registration information can occasionally occur

·      You were not the driver at the time

Mistakes involving names, addresses, dates or other driver information can occur at times.

Whilst minor errors may not invalidate the notice, significant inaccuracies should be investigated.

Exceptional Circumstances.

There may be rare circumstances where exceptional situations existed at the time of the alleged offence.

While these circumstances do not automatically prevent prosecution, they may be considered during any legal proceedings.

What happens after you respond?

Once you have provided the correct information and identified the driver, the police will check the case, then decide what the next steps are.

Possible outcomes include

·      No further action

·      A speed awareness course

·      A court summons

For eligible speeding offences, a speed awareness course may be offered as an alternative to receiving penalty points, although this depends on the circumstances and is not guaranteed.

What happens if you fail to respond?

Ignoring a NIP can have serious consequences

If you fail to provide the requested details within 28 days, you could be prosecuted for failing to furnish driver information.

This often carries;

·      Six penalty points

·      A large fine

·      Increased insurance premium

In most cases, the penalty for failing to respond can be more severe than the original motoring offence itself.

How to avoid future motoring offences.

The best way to avoid receiving a NIP Is to stay alert of when conditions change on the road and the speed limits.

Many motorists Choose to use assistance technology to help them remain compliant on the roads. Devices such as the PureSync by Roadangel provides alerts for speed limits, traffic enforce zones, hazards in the road and speed camera locations. This device helps drivers make more conscious decisions and safer decisions behind the wheel.

Final Thoughts

Receiving a Notice of intended prosecution (NIP) can be unsettling, but understanding the process is key. If you receive a notice, carefully check all the details and make sure the vehicle registration information is correct then respond within the 28-day time period.

Whether you are a keeper of the vehicle, the person driving the vehicle, or need to identify the driver, acting promptly can help avoid unnecessary complications.