A Notice of Intended Prosecution is a document sent which informs you of an offence you may have committed which the police are intending to prosecute.
A Notice of Intended Prosecution will be sent in instances where you were not given a verbal notice at the time of the offence, the main example of this is where you were caught by a speed camera. The Notice will be accompanied by a request for driver details which asks you to provide the full details of who was driving the vehicle at the time of the alleged offence.
The Notice of Intended Prosecution will automatically go to the registered keeper of the vehicle, and it is therefore important that you keep your V5 and address up to date with the DVLA. Failure to comply with a s.172 request for driver’s details and to respond within the 28 days given is an offence within itself and carries 6 penalty points and a fine of up to £1,000.
Unfortunately, not responding because the Notice went to your old address is no defence to this charge. Similarly, if you have sold a vehicle, you must inform the DVLA and obtain the acknowledgement slip from them that states you are no longer liable for that vehicle.
The Police have a duty to post the Notice within 14 days of the alleged offence taking place, but there may be instances where you may receive this a little bit later for example where the car involved was a hire vehicle, or a company car. In situations like this, the original Notice will be sent to the hire company first who will then provide your details. A subsequent Notice will then be sent to you for completion which is not bound by the 14 day rule.
If you have any further questions about a notice of intended prosecution we offer a FREE 5 minute telephone consultation on 0800 046 3066