A Notice of Intended Prosecution (NIP) must be issued for certain road traffic offences. Generally, an NIP must be issued to road traffic offenders within 14 days of the offence. An NIP can be issued for many different offences, including careless or dangerous driving, failure to stop after an accident, ignoring traffic signs or a red light, speeding, using a mobile phone while driving, not maintaining proper control of your vehicle, and any other relevant offence under the Road Traffic Act 1988. The Prosecution must also prove that the NIP was served per the Criminal Procedure Rules. After you respond to the NIP, you may receive a fixed penalty notice instead of a court summons.
The NIP is sent to the last known address of the registered keeper of the vehicle, and the vast majority are sent through an automated process using driver information on file. This highlights why it is important to do due diligence and keep your contact details up to date with the DVLA. It is important to note that receiving an NIP does not mean a driver will face prosecution, it is a written warning that they may be prosecuted for the alleged offence.
#1 Motoring Solicitors have represented clients who have not received a Notice of Intended Prosecution from the police within the set time limits. This can be for many reasons including the post not being delivered.
At #1 Motoring Solicitors we have frequently persuaded the Magistrates Court that failing to serve an NIP within the 14-day statutory limit prevents clients from being convicted of a motoring offence.
Why the 14-Day Limit Matters
Not serving the NIP within 14 days of the offence being committed can kill the case against a driver. This is important in cases like when a driver is caught speeding by a speed camera. The law says the police officer must issue an intended prosecution notice to the registered keeper of the vehicle within the 14-day time limit. Failure to do so means can’t convict the driver of the alleged offence.
There are certain exceptions to this rule outlined in the Road Traffic Act. For example, such a warning is not required if there is an accident.
How #1 Motoring Solicitors Can Help You
NIP Defence Experts
At #1 Motoring Solicitors we specialise in defending clients who did not receive an NIP or who wish to enter a not-guilty plea and contest the charge. We have represented clients where the police did not serve the NIP within the time limit. This can be for many reasons including postal system failures or administrative errors.
Full Legal Support
Our solicitors will walk you through the NIP process and protect your rights and driving licence every step of the way. We’ll:
- Check the original NIP for any mistakes or errors.
- Challenge the Prosecution’s case by showing mistakes or that the NIP was not served within the 14-day limit.
- Represent you during court proceedings and present your defence.
- Negotiate penalties to reduce driving bans or penalty points on your licence.
Results
We have successfully convinced the Court to dismiss cases where the NIP was not served correctly. Our experience means we will explore every defence angle to get you the best result.
FAQs
What if I didn’t receive a Notice of Intended Prosecution?
If you didn’t receive an NIP during the relevant time frame of the alleged offence this can be a defence to the prosecution’s case. Contact our solicitors to talk to us about your options.
Can I ignore an NIP?
No, ignoring an NIP will get you worse penalties. Drivers have a legal obligation to respond, identify the person driving at the time of the offence, and provide the police with the requested information.
How can #1 Motoring Solicitors help me?
We specialise in motoring offences including NIPs. Our team can advise you on how to respond, identify any errors in the notice and represent you in court.
What to do if I get a NIP?
Call #1 Motoring Solicitors for further guidance. We’ll walk you through what to do next, help you with your response and make your defence as strong as possible based on your unique circumstances.
Contact Us Today
Don’t leave your case to chance. Contact #1 Motoring Solicitors now and ensure your driving rights are protected.