How to respond to a Notice of Intended Prosecution (NIP)?

“The camera flashed as I was driving through the Camera marked zone.”

“I went through a red light and the camera flashed.”

The feeling sinks in. I have been caught, what will happen next? Will the police come to my house? Can I avoid getting penalised?”

A notice of intended prosecution is providing notice from the police. The notification is for the offence which has been recorded. The police will clarify their intent to prosecute.

“Will I be penalised? I don’t want to get in trouble.”

For certain offences, if at the time of the motor offence no police officer was present. The police are generally mandated to send a notice out within 14 days This will be sent to the registered keeper of the vehicle. This includes a company if the vehicle is registered to a company. After the initial notice, the police will pursue the matter with no time restriction as the initial obligation has been fulfilled. However, if they fail to provide the initial notice of intended prosecution within 14 days, then the police will not be able to prosecute the offender. There are some instances where the police may be permitted to exceed the 14-day deadline. If for example it is a hire vehicle and it will take a reasonable time to gather the vehicle details. In cases where a police officer was present at the time of the offence. The police officer may provide verbal or non-verbal notice of intended prosecution or send a notice to the registered vehicle keeper. A court summons may be sent within 14 days.

Once the notice of intended prosecution is sent, the purpose is generally to identify the offender. Instances where the registered keeper may not be the offender. The registered keeper will be obligated to provide the details of the offender. It can be a criminal offence if the registered vehicle keeper does not respond. Failure can lead to 6 points and a fine of £1000.

“I was not driving”

In the case where the offender is not the registered keeper. The offender will receive a notice of intended prosecution subject to the police receiving the information from the registered keeper. If you are the offender. The police will be able to provide their discretion. In some instances, the police may provide the opportunity for a course to learn more about the nature of their offence. For some offences, the police deduce a fine due to the speed of the offence not being too excessive. This does differ if you are in possession of points already. It may be a matter which will be referred to the courts. Penalty points can remain on your license for up to 4 years. If you manage to get 12 points within 3 years you may receive a 6-month disqualification. New drivers have a different threshold. If they receive 6 points within the first 2 years they will be risking their license.

Our view is to seek legal advice in the first instance. We have specialist lawyers ready to provide an initial assesment. Do not hesitate to contact us. Our specialist lawyers will be able to offer you guidance and provide advice on mitigation.

When you drive for a living. It is imperative you seek legal advice especially when you could be risking your license. This could be for speeding or a general motor offence. Click below to begin.

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