We all dread that letter in the post with the heading “Notice of Intended Prosecution” (NIP). For many, it’s a shock that brings a mix of fear and confusion. What does it mean? What do you do next? For drivers and traffic offenders, understanding the NIP process is key to protecting your driving record and managing the consequences. In this article, we’ll take you through what to do when you get a notice of intended prosecution so you’re prepared.
What is a Notice of Intended Prosecution?
An NIP is a formal document sent via recorded delivery or first class post by a police officer or other authorities to the registered keeper of a vehicle, telling the driver they intend to prosecute them for a traffic offence. It’s a warning to the motorist that they may face a court summons for a driving-related alleged offence. This can be for any alleged offence including exceeding the speed limit, mobile phone offences, dangerous driving or running a red light. Knowing what to expect when you receive an intended prosecution notice can help road traffic offenders respond.
Respond Within 28 Days
The first and most important thing to do when you get an NIP is to respond within 28 days. The clock starts ticking as soon as you get the notice, and not responding before the time limit can lead to significant penalties. Read the notice carefully and note the date, time and nature of the alleged offence. If you fail to respond, you may face prosecution. Don’t procrastinate, act right away.
Identify the Driver
One of the main requirements of the NIP is to identify the driver of the car at the time of the offence. The notice will be sent to the last known address of the registered keeper of the vehicle in the DVLA database, who may or may not have been the person driving at the time of the motoring offence. This seems simple, but is crucial. This also highlights the importance of ensuring the DVLA’s database is accurate. If you sell your car, make sure the new owner is named the registered keeper of the vehicle.
If you weren’t the driver, you must provide driver information. Providing false information or failing to disclose driver details can lead to further charges for perverting the course of justice. Be honest about the driver, even if it means incriminating yourself or someone else in the alleged offence.
Submit Your Response
Once you have all the information you need, send your response. Make sure everything is accurate and complete before you submit the form. You can usually respond by post or online, depending on the instructions in the notice. Double-check everything – mistakes can cause unnecessary problems.
Once the authorities receive your completed form, they will usually issue a fixed penalty notice to the registered keeper of the vehicle or pursue further actions like court proceedings, where relevant.
Keep a Copy of Your Response
Once you’ve sent your response, keep a copy for your records. This is proof you have complied with the notice. In case of any disputes or further questions, having a copy of your response can be a lifesaver. It’s a small step that can save you a lot of hassle later on.
What Happens if You Don’t Respond?
Not responding to a notice of intended prosecution can have serious consequences. You’ll be sent to the Magistrates’ Court and may be prosecuted for the original offence and for not providing the required information. This can lead to further action, prosecution and other penalties including:
- Additional fines: Not responding to an NIP can mean further financial penalties in addition to any fixed penalty. You may receive fines that are more than the original offence.
- Prosecution: Not responding can lead to prosecution and make your situation worse.
- Penalty points on your licence: Not responding to an NIP can mean up to six penalty points on your driving licence, which can affect your insurance and driving privileges.
- Fine up to £1,000: The financial consequences of not responding to an NIP can be big, with fines up to £1,000.
- Disqualification from driving: In extreme cases, not responding to an NIP can mean disqualification from driving and impact your personal and professional life.
- Suspension of your licence: Your licence may be suspended, which can cause big problems for your daily routine.
How #1 Motoring Solicitors Can Help
When a driver is faced with a notice of intended prosecution, having expert advice can make all the difference. #1 Motoring Solicitors specialise in motoring offences and can help you:
- Understand the law and your rights.
- Make sure your response to the NIP is accurate and complete.
- Look at potential defences or defects in the notice.
- Reduce penalties. For example, if you were caught speeding, you may be able to take a speed awareness course to receive a lower fine or reduced penalty points.
- Represent you in court if needed and get the best result.
With us, you can deal with the NIP, limit the consequences and keep your licence intact.
Conclusion
Receiving a notice of intended prosecution is a scary experience for any driver. But knowing how to respond can make all the difference. By understanding the NIP process, responding quickly and seeking expert advice if needed, you can protect your licence and reduce the penalties.
For drivers and traffic offenders, being informed is important. If you find yourself with an NIP, remember timely action, honesty and expert advice can make all the difference. Contact #1 Motoring Solicitors for a consultation today.