Receiving a Notice of Intended Prosecution (NIP) can be worrying, particularly if you are unsure what it means or what you need to do next. However, ignoring the notice is rarely the best course of action.
In many cases, failing to respond can result in a more serious offence than the original allegation. If you have received a NIP, understanding your legal obligations and responding within the required timeframe is essential.
What is a notice of Intended Prosecution?
A Notice of Intended Prosecution is a formal notification informing a driver or registered keeper that the police are considering prosecuting a road traffic offence.
It is commonly issued following offences such as:
- Speeding
- Careless driving
- Dangerous driving
- Failing to comply with traffic signals
In many cases, the NIP is accompanied by a Section 172 notice, which requires the recipient to identify the driver of the vehicle at the time of the alleged offence.
You must respond to a Notice of Intended Prosecution
You are normally required to provide the requested information within 28 days. If you fail to do so without a lawful reason, you may be prosecuted for failing to identify the driver.
This offence is entirely separate from the original allegation and can carry significant penalties.
What are the consequences of ignoring a Notice of Intended Prosecution?
If you fail to respond, the potential consequences may include:
- Six penalty points on your driving licence
- A substantial financial penalty
- Increased insurance premiums
- A criminal conviction for failing to provide driver information
For many motorists, six penalty points may have a greater impact than the original speeding allegation. For example, newly qualified drivers who receive six penalty points within two years of passing their driving test may have their licence revoked under the New Drivers Act.
Professional drivers, including HGV and taxi drivers, may also find that six additional points place their employment at risk.
Should you respond to a Notice of Prosecution even if you weren’t the driver?
If you were not driving the vehicle, you should still respond to the notice. The purpose of the Section 172 request is to identify the correct driver. If you know who was driving, you should provide that information accurately and within the required deadline.
Simply ignoring the notice because someone else was using the vehicle is unlikely to avoid legal consequences.
Can you challenge a section 172 notice?
Receiving a Notice of Intended Prosecution does not automatically mean you will be convicted.
Depending on the circumstances, there may be legal issues relating to the alleged offence, the service of the notice or the evidence being relied upon by the prosecution.
However, any challenge should usually be made through the proper legal process rather than by failing to respond altogether.
Seek advice before deadlines expire
If you are unsure how to respond to a Notice of Intended Prosecution or a Section 172 request, it is sensible to seek legal advice as soon as possible.
A specialist motoring offence solicitor can explain your legal obligations, review the circumstances of your case and advise you on the most appropriate course of action.