Notice Of Intended Prosecution: What Next?

A NIP applies to road traffic offences listed in Schedule 1 of the Road Traffic Offenders Act 1988, including alleged speeding, careless driving, dangerous driving, driving through a red light, failing to stop or report an accident, and using a mobile phone. Detection may occur through speed cameras, CCTV, or officer patrols. A NIP is not required where the offender was involved in an accident or where a fixed penalty has already been given.

Not all offences are subject to the 14-day time limit for service of a NIP. The requirement varies depending on the nature of the offence and the circumstances of detection. If you are unsure whether the NIP you have received was served within the correct time limit, consult a solicitor who can assess whether it was served out of time.

The notice of intended prosecution must be posted so that it reaches the registered keeper within 14 days. The prosecution must show it was sent to the last known address via first class post within the time limit – they do not need to prove the person actually received the notice. If the DVLA database holds an outdated address because the keeper failed to update their details, it is still legally served.

However, if the notice is not received within 14 days, the recipient has the right to take the matter to court and rebut the presumption of service. This can amount to a defence to the charge. For example, if a NIP is posted on the 10th day after the alleged offence, it is presumed to have been served on the 12th day. If the recipient did not actually receive the notice until the 15th day, they would need to go to court and challenge service to rely on this defence.

Exceptions apply where police could not reasonably obtain keeper details within 14 days. If you are a nominated driver rather than the registered keeper of a vehicle, the 14-day rule does not apply to subsequent correspondence – only the original notice to the keeper must comply.

If the vehicle belongs to a company, the notice is sent to the registered keeper – the business. The company must nominate the driver of a vehicle at the time of the alleged offence. Businesses should maintain a log of who was driving at all times. If the company cannot comply with the requirement, or fail to provide the requested details, it may face prosecution and a substantial fine. A director may also be personally liable.

For a lease vehicle, the notice goes to the lease company as registered keeper. They will nominate the leaseholder, who then receives their own notice. The 14-day time limit applies only to the original notice sent to the registered keeper.

Once the driver has been identified, the proceeding moves forward. The driver may receive a court summons, a fixed penalty (typically a £100 fine and 3 penalty points), or an offer to attend a speed awareness course if eligible. The outcome depends on the severity of the road traffic offence, the driver’s history, and the method of detection.

If you admit to driving, this does not mean you are admitting guilt to the alleged offence. You are providing driver information only. You will have the opportunity to enter a plea at a later stage if the matter proceeds to court.

A defence may apply if the notice was not served within the time limit. If the registered keeper can prove it was not received within 14 days and the prosecution cannot show it was posted in time, this may invalidate the case. Minor errors on the notice do not automatically render it ineffective unless they would deliberately mislead the person it is addressed to.

If you have received a letter containing a NIP and believe it was late or contains errors, we recommend seeking advice before you respond. A solicitor can review whether a defence exists and advise on the best approach.