If you have received a Notice of Intended Prosecution (NIP) and are unsure what to do next, we can advise you about your options and whether you have a defence. The police have to follow strict procedures when these are issued and if not properly followed a prosecution could be thrown out of court. The document also has to be in a certain format and comply with strict regulations. Our transport team can advise you of any failure which may invalidate the process; contact us today on 0800 046 3066.
If there is not a defence, or the NIP cannot be challenged, we will also advise you as to any relevant mitigating circumstances which may help your case and keep any penalties to a minimum.
If you receive a Notice of Intended Prosecution you are required to identify the driver of the vehicle. You must do this within 28 days and if you fail to do so, you have committed a further offence for which your licence can be endorsed with 6 penalty points and a fine up of £1,000 imposed, unless you can show that it is impossible to comply despite your best reasonable and diligent enquires to establish the driver’s identity.
Once the Police have identified the driver, they will clarify their intended course of action, whether it be a driver training course, a Fixed Penalty or Court Summons / Requisition. The Police have 6 months to progress a case.
If the Notice of Intended Prosecution has incorrect details and the matter can be identified, regardless of the error, then you still have an obligation to reply. If the error means that you are unable to substantiate the allegation, you should return the Notice asking for clarification. An error would not immediately mean the Notice is null and void.
If you would prefer us to deal with the NIP and paperwork that you have received, we would be happy to do so.