Notice of Intended Prosecution definition is that either a written letter or verbal warning is issued to warn an individual that they are being considered for prosecution.
The law states that a defendant cannot be convicted of certain road traffic offences (see below for examples) unless they have received prior warning that they are being considered for prosecution.
The Notice of Intended Prosecution procedure initiates either verbally or by writing at the time the offence was committed, or within 14 days of the offence a summons or Notice of Intended Prosecution (NIP) may be issued to the defendant. The 14 day rule is explained in further detail towards the end of this page.
Notice of Intended Prosecution examples
The offences to include aiding and abetting, to which Section 1 of the Road Traffic Offenders Act 1988 are as follows:
- Dangerous driving – see dangerous driving for further details on the offence and potential penalties and fines
- Careless driving and/or driving without reasonable consideration – see careless driving for further details on the offence and potential penalties and fines
- Leaving a vehicle in a dangerous position
- Dangerous cycling
- Careless cycling
- Disobeying certain traffic signs and police signals or light signals such as a red light
- Speeding offences
Notice of Intended Prosecution time limit
By law you must receive the Notice of Intended Prosecution within 14 days of the date of the offence, unless it was issued at the time of the offence. The actual day of the offence is not counted within the 14 day rule. A NIP is still often sent even if you were warned by police at the time of the offence that they are to consider prosecution.
If the Notice of Intended Prosecution was received after the 14 days, they may be unable to prosecute you. There are circumstances however where receiving the NIP after 14 days can still lead to prosecution. If you were driving a company car, hire car, rent car or were using someone else’s car at the time of the offence, you may still get prosecuted when receiving the NIP after 14 days.
The Notice of Intended Prosecution 14 day rule is for the police to abide by to ensure they have served the original notice within. Authorities must ensure that the notice is sent to the registered keeper of the vehicle if they are unable to determine who was driving at the time of the offence.
Such situations may occur when a NIP is issued due to an offence caught via a speed camera. A Notice of Intended Prosecution can be sent via normal first or second class post, recorded delivery or occasionally delivered by hand.
If the Notice of Intended Prosecution was sent within the 14 day time period but you did not receive it due to driving a hire car, borrowed car, did not register the vehicle with the DVLA, moved house or sold the car, none of this invalidates the notice. It may take many weeks or months before the offender becomes aware of the NIP, the police however have up to six months to prosecute.
Notice of Intended Prosecution lost in post
A Notice of Intended Prosecution delivered by post was originally only delivered by recorded or registered delivery. As of 1994 however, the Road Traffic Offenders Act 1988 was amended to allow for standard postal delivery. As already covered, a NIP can be sent via first class or second class mail or recorded delivery. Many of us have at some point experienced mail either not finding the address it was intended for, or a piece of mail never arriving.
A Notice of Intended Prosecution getting lost in the post is therefore possible. You will of course only realise this when you have received a NIP reminder. Unfortunately, the prosecutions only requirement in this matter is to prove that the original NIP was sent within the 14 day time limit. Providing the notice was sent to you within the time constraint, the original NIP remains valid regardless of when you received it.
Notice of Intended Prosecution not signed
The Notice of Intended Prosecution must be signed, but not necessarily by hand signature. It is acceptable for the notice to be signed on behalf of the Chief Constable by type.
Notice of Intended Prosecution penalty, fines and points
Upon receiving the NIP, it should be signed and returned to address supplied within 28 days. The Notice of Intended Prosecution time limit of 28 days can incur harsh penalties of a fine up to £1,000 and six penalty points on a driver’s licence if not dealt with inside the 28 day time constraints. A Notice of Intended Prosecution penalty points and fines vary depending on the severity of the offence and whether a Fixed Penalty was offered or if the case is referred to court.
Notice of Intended Prosecution speeding
If you have received a Notice of Intended Prosecution through the post due to being caught by a speed camera, you may if the offence was relatively minor or there are mitigating circumstances, receive a Conditional Offer Fixed Penalty or a Speed Awareness Course offer. The conditional offer of a Fixed Penalty fine is £100 along with 3 to 6 penalty points depending on the severity of the offence. If the offence is referred to court, a speeding offence has a maximum fine of £1,000, or £2,500 if the offence was committed on a motorway.
Notice of Intended Prosecution has incorrect name or address
A Notice of Intended Prosecution that has incorrect name or address details may not be enough to invalidate the notice. Although it may be tempting to ignore a Notice of Intended Prosecution due to these inaccuracies, if the matter goes to court, it will be determined whether the offender is trying to avoid prosecution due to minor technicalities.
If the notice is obviously issued to the correct name and address but was ignored due to incorrect spelling or other typing details, the court may fine up to £1,000 and up to six penalty points for failing to identify the driver of the said offence.
A Notice of Intended Prosecution is sent to the name and address of the registered vehicle, details of which are obtained from the DVLA database. The police and NIP processing department cannot be held responsible for name or address inaccuracies in a court.
The Notice of Intended Prosecution arrived after 14 days
If the Notice of Intended Prosecution arrived 14 days after the offence (excluding the day of the offence), you cannot be prosecuted unless for the following exceptions:
- A full or provisional fixed penalty notice has been given or fixed
- A NIP that arrived later than 14 days but was posted well within the 14 days’ time limit so that it would be ordinarily considered to reach the recipient within the limit
- The car of the driver charged has been involved in an accident, and the driver is aware of it.
- The police with reasonable diligence could not obtain the name and address of the offender within the 14 day limit
- The police are unaware of your current address and send the NIP to last known address
Notice of Intended Prosecution procedure
Providing the NIP has been received by the registered keeper of the vehicle within 14 days and the NIP has been returned naming the driver at the time of the offence within 28 days, police will issue either a Fixed Penalty Notice (FPN) or if the driving offence is more serious, a court summons.
Notice of Intended Prosecution 14 day rule
Many of us lead busy lives. Driving is often considered a chore and a means to get where we need to go in the shortest of time. It’s surprisingly easy to forget where we have been driving, on which roads and what times. The Notice of Intended Prosecution 14 day rule is what the police notice processing department must abide by to allow a reasonable time frame for the offence to be processed and delivered, but also to allow motorists as minimal time as possible from the date of the offence to remember who was driving.
It’s common for partners to share one car. The Notice of Intended Prosecution will be sent to the registered keeper if the offender was not questioned by the police at the time of the offence. For example, this could be due to receiving a Notice of Intended Prosecution due to a speed camera. It is law that the registered owner of the vehicle must identify the driver responsible for the offence, hence the 14 day time limit rule allows motorists in this situation a reasonable time-frame to remember who was driving.
Ignoring a Notice of Intended Prosecution
Ignoring a Notice of Intended Prosecution is potentially going to result in the issue escalating, resulting in greater fines. If there are inaccuracies within the NIP or you received the NIP late, it’s important that you reply.
It is law that upon receiving a NIP, the driver at the time of the offence must be identified to the authorities. Ignoring a Notice of Intended Prosecution is therefore failing to identify which can incur a £1,000 fine and 6 penalty points on a driving licence.
Requesting photographic evidence
It is surprisingly difficult to remember who was driving at a particular time and place several days ago, especially when multiple persons have access to the same vehicle. It becomes even more confusing if the original NIP sent by first or second class post never arrived, only to receive a reminder several weeks later from the time of the offence.
The police are not obliged to release photographic evidence along with the Notice of Intended Prosecution, however many authorities will supply photographic evidence upon request. Unfortunately, such photographic evidence seldom helps the situation due the driver being obscured or insufficient clarity on the image.
A Gatso speed camera will typically take photos of the rear of the vehicle, making it almost impossible to distinguish the driver. Although not remembering who was driving at the time isn’t a ‘loophole’ as such, you can’t be prosecuted if you weren’t driving at the time of the offence and it’s the prosecutions job to determine the proof needed.
If you genuinely cannot remember who was driving, don’t be pushed into providing a name. Explain the situation to the police and do all you can to obtain any evidence as to whom was driving. It’s not advised to lie however. If proof is obtained by the prosecution as to the driver of the offence, the offence will become much more serious.
142 thoughts on “Notice of Intended Prosecution Explained”
I had a letter asking me to confirm if I was driver driving 56mph on motorway when restricted to 40mph. I was and returned letter. The letter didn’t ask me to pay a fine, speak of points or ask for my licence. I haven’t been through this before. Is this usual? I also haven’t heard since I returned letter confirming to be me over 4 weeks ago. What to do?
They simply want to ascertain if you were the driver of the vehicle which is normal. There’s nothing you need to do except wait.
I’ve just paid a fine and had 3 points popped onto my license for an offence on 13th August this year, I didn’t realise about this 14 day rule. The letter that I received issuing NIP was dated 31st August. Guessing its too late to challenge now?
Hello Mr W,
I think the best course of action would be to contact a solicitors that deals specifically with road traffic offences. Most offer some free advice.
Hi i got nip 23/11/2017 but my offensce was made 03/10/2017 its more than 5 days late. Does 14 days rule apply to me?
The regulations outlined above cover the general rules of a notice of intended prosecution. Based on individual cases, I would recommend consulting with Citizens Advice which is free, who will then be able to advise.
Hi, If I was given the yellow slip which has Verbal NIP ticked, than does the 14 day rule still apply for the postal NIP ?
No it doesn’t apply as you have already been issued the NIP verbally.
I received a NIP for dangerous driving careless driving saying I done a wheelie at about 6mph at the most I don’t want to be banned as use my bike/car for work I said my hands were cold and my fingers sliped off the clutch resulting in a small wheelie do you think I will receive a speed aweness course I have never been done for anything like this in the past had my car liscance 5 years and done my CBT 3 times and never been done before thanks for your information
I think it’s unlikely you’ll be offered a speed awareness course as the NIP is related to the wheelie and not the speed you were traveling at. If you get a fixed penalty, then you will receive a fine and penalty points and will not lose your licence provided you do not exceed 12 points on your licence. If it goes to court, you can explain the mistake to the judge. Based on what you are saying, it doesn’t seem severe so I would imagine a ban would be far too extreme.
I was stopped 7 months ago for driving with no food delivery insurance but I have normal Inshurnce that time thay tuk my motorbike to pound Station and I’ve still not heard anything from anyone about it. When do people usually hear something back? Or am I in the clear?
My dad who is the registered keeper of the car received the Notice of intended prosecution on the 15/01/18 but the speeding offence was recorded on the 07/12/17 so it is more than 5 weeks late. The offence was done by me, a named driver of the car, and my dad straight away after receiving the letter nominated me as the driver so does the 14 day rule still apply in my case as initially the NIP was not provided to the registered keeper of the car within 14 days?
Hi, i was pulled over the other day by police. I was driving fast but im not sure by how much. The police car followed me for a few minutes very closely and i did go onto the outside lane to let him pass on the inner(it was a undercover cop so i didnt realise it was police). When i was stopped the police didnt mention to me why i was stopped. They took my name and address to check whether i was insured. He wrote it down on his phone and sent it to probably control room to find out. He asked me why i was driving like that to which i replied i dont know. He didnt caution me not did he give me any paperworks. Does this suggest i am free of any fines as its really bugging me. Thanks
Seems a bit strange he didn’t mention why you were stopped. He really should have given you a verbal Notice of Intended Prosecution which would later been followed up by official paperwork through the post. However, you may receive one through the post still.
Yes i though the same. He literally just took my details and then said i can go. I didnt have any id with me aswel. He took my details, asked my “why where you driving like that” i replied i dont know” and off i went
I have just been informed of driving in a bus lane on the 31/10/17 it’s now 13/02/18 they have photo evidence is this invalid now as it’s too late?
i got a nip on the 13/2/18 for an offence that happened on the 19/1/18 (motorway, speed cameras wernt suppose to be on and it was at 11:30 at night! lol) the issue date was 10/2/18 which is out of the 14 days? what do i do?
it somehow got sent to my new address, ive not long moved but kept in contact with my old landlord which informed me nothing got sent, i sent of to change my address to the dvla but not yet recieved anything back which is why i spoke to my old landlord
what do i do?
I was stopped for speeding and issued a verbal NIP and given a yellow ticket for this, no complaints I was caught fair and square.
I was told I’d receive info in the post about the fine and getting the points put on my licence. This has now arrived, however they have put incorrect details down about the car I was driving, all other info is correct, time, places, my details but the car number plate is not mine. They put the correct first letter and correct last 3 letters but the 2nd letter and numerical info is incorrect.
Does this mean I can escape on a technicality? What’s the best next step??
I would think this is likely a bit of a gamble. You can argue that the car reg is not yours and they may decide to drop it there and then. If they decide to escalate it and prove it was you, then it may result in greater fines.
I received an NIP for “Use a motor vehicle on a road fail to maintain lamps/reflectors/rear markings/devices in working order / clean” (phoning them revealed alleged offence is I was driving when a light was partially covered by snow whilst another one was out during the recent snow). Is this covered by section 1 of the act? I challenged the NIP as it took 24 days to arrive, but response from local constabulary is that this offence is excluded and they don’t need to abide by the 14 day rule. Tried reading the act but couldn’t really make sense of it.
Generally all the police need to do is to prove that they did all they can do to ensure the NIP was sent within the 14 period to the last known address of the registered keeper. Whether it actually was received by yourself at your current address in time is not their issue. I would contact them again and ask specifically why this offence is excluded. If there is no legitimate reason why the NIP is late, this can be used for a defense, though it is advisable to contact a motor defense solicitor who will have current and specific advice at hand.
I bought a car from a friend and apparently I got caught speeding. My friend received Nip over 7 weeks ago but failed to inform the police and only now sending it back where does this leave me
It still leaves you liable for prosecution. The police have 6 months in which to prosecute.
I’ve been issues with a speeding letter but due to recently moving into a family members temporarily due to have to move out of my family home under family circumstances my letter was sent to my old address as I forgot to update that I’m living at a new one for a few weeks under my new house is ready. Is it a problem if I fill out the form with my current address I’m at now just letting them know then changing it agin once I move properly? Due to family problems I haven’t changed the address due to forgetting
If it is just temporary for a few weeks, it would probably be best to keep the address as it is providing you are returning shortly and have access to the property and it is still your registered home. Best not to take too long though else you may be prosecuted for failing to provide information.
Hi My husband got caught speeding at 6.15am he had just come out of a 50 into a 30 and got caught at 76 (It’s not good I know I’ve said this) no excuse but his 3rd day into a new job and was running late he signed all the stuff which come through the post and returned it 3days later.
This was on 3rd December 17 he still hasn’t heard anything how long does it normally take please?thanks
Documents must be submitted to court within 6 months, then after the 6 months it will usually take the court a few more weeks. So anytime within a little over 6 months is what you can expect to see some documentation come through the post.
I had a red light NIP which I received 4 days after the offence, no problem, hold my hands up.Filled it in there and then and handed it in to the local police station desk which it said on the form I could do and 14 days later am still awaiting to here from them . Is this normal?
There is a ‘6 month rule’ if you want to call it that, where the police have 6 months to prosecute after the NIP has been returned. After the 6 months have passed, it’ll be too late for the police to bring charges.
I got 2 NIP on the same day (I did both offence on the same day, one afternoon and one at night), I sent back the first and got a reply to offer a speed awareness course, which I already booked.
I was the driver for both cases but what will happen if I send back the 2nd NIP that I was a driver? Will they offer another course or will they fine me and put 3 points on my driving licence? I need to send back the second letter within 28 days as well but I would like to know what to expect.
You can only do the speed awareness course on one NIP as you can only do the course once in a three year period.
I got caught by a camera in a van at the side of the road but my speed isnt on the letter?
The NIP is essentially to inform you that you may be prosecuted for an offence committed. Further paperwork of the offence may follow the NIP later.
i was pulled over and told i ran a red light, the officer said i would be prosecuted for this, he took my details and didnt give me anything and sent me on my way, its been 26 days and still havent heard anything. what should i expect?
As you have received your notice of intended prosecution verbally by the officer, the 14 day rule does not apply and they have up to 6 months to take action.
I was given NIP on the day of the offence. The offence was dropping off a passenger on a zig-zag marking. What is the possible prosecution?
You will likely receive a fixed penalty – three points and a fine.
I received a NIP for over speeding, at 21.25 36 miles on 30 miles zone. I hold a provisional license and I had my friend who hold a valid driving license with me. I do have insurance on this car. I have returned NIP for further procedure. I had no L plate on the rear side of the car ( I originally had it and no excuse if it was not there it is solely my mistake though I never drove car without L playe. What worries me is, will the police catch you for this offence as well or will they only charge me for speeding. I have submitted my driving license details
Modern speed cameras are able to pick up more offences such as not wearing a seat belt, mobile phone use etc. It is feasible that they may notice the lack of L plates, but equally, it could be missed.
Yes I agree with you. I received a NIP and it has mentioned that I was at 36 miles on 30 zone(it was at 21.25 night). I have noticed my missing L plate next day morning ( I know this is not an excuse and I am here to face what ever the law decides). My concern is, will the police check the L plate after seeing my NIP submission with provisional license. The last thing I want is to have points for driving without L plate and loosing the ability to drive here with a ban.
I tried to search through the cases and find if there is any such scenarios and could not see any, I am due for my driving test next week and very worried about this. If anyone knows what all things they check after NIP return it would be helpful. Fingers crossed. Thank you
hi. what happened? in same situation so please help.
Hi I came home from work yesterday to find a NIP doing 7mph over the limit, the offence occurred on the 13/10/18 but the notice issue date wasn’t until the 31/1018 should I contest this now ? And if I do would it then go against me applying for the speed awareness course instead of points ?
If you are absolutely sure that you can contest the NIP and win, then of course go ahead and do so, but yes, it may reduce your chances of being offered a speed awareness course. There are certain criteria that you must meet in order to be offered a speed awareness course, and this varies slightly between police forces (you can’t apply or ask for one). It would probably be beneficial for you to go over the specifics of your offence with a motoring offence solicitor and they will advise you.
I have just been caught by a mobile speed camera doing 45 in a 30 zone. Will I be taken to court for this? Or will I just be fined and have points added to my license? My license is clean at the moment.
You fall into Band B speeding offence category which is between 11 and 20 mph over the speed limit. Band B can result in court attendance or a Fixed Penalty Notice (FPN). If you have no previous speeding convictions, it’s less likely to go to court.
Is the date on the NIP the Alleged Offence date, or just the date the letter was sent ?
The date at the top of the letter is the date the letter was sent. It should provide the times of the offence within the content of the letter.
I got a nip form well the 2nd one as I didn’t sign the first as I don’t know what offence I have done. just says driving with out due care and attention, i not been stopped and no incidents and it’s annoying cause I’m in the dark here. I signed the form under protest, written a letter asking for evidence etc..the buggers
I received a nip for driving at 48 in a 40 zone, I was caught by a red light camera. I’m kind of worrying that I drove though a red ligjt, because I can’t remember if it was green, I’ve never drove through a red lightning before nor have I nearly drove through one, but I took my eyes off the road for two seconds to reach for my asthma inhaler, so this is why I’m struggling to remember, it was late at night and the car in front of me he just passed through the light 5 seconds or maybe less before me I’ve received the letter for speeding three days after the offence, is it likely that I would get the nip for the red light at the same time? I’m just a little worried as I’ve only been driving for a year and half and 2 offences will cost me 6 points and the loss of my licence ?
If the traffic lights have a separate camera on them, then it is possible that you could receive a NIP on a separate date. Do you travel through these lights often? You should be able to see if there’s a camera mounted on the lights.
Hello,one month ago I I run on a red traffic light with 29 miles speed 12,5 sec and Got NIP .What i can expect from court .???
It might not go to court if there’s an admission of guilt. Probably looking at a fine of £100 and 3 penalty points for running a red light providing it was the only offence.
Hi, after 40 years without a blemish, never a warning nor a single point, a mobile camera got me at 36mph in a 30mph zone which just dropped from 40. Offence at end of August. Hire company invoiced me on 20th Sep (£40 admin charge) telling me Police were informed of my details. Finally had the NIP delivered today (16th October). Surely the same limitation should apply once they’ve been given my details. It’s more than 14 days since they were informed who I am. Is this worth fighting or do I just shut up and pay up?
You may wish to take legal advice, but I believe that as you were driving a hire car, they have longer to prosecute.
I got caught by a red camera back in December at 4.10 in the morning. Just came of a night shift the day before and back on days had a moment of concentration and went through the light on red and it states kn my letter it was red for 6.1 seconds. I havent been offered a fpn so guessing its going to court. Am I likely to loose my licence over this?
Ultimately it’s down to the discretion of the judge. If you have an otherwise clean licence and your actions didn’t affect other road users or pedestrians, then I would think a driving ban unlikely. The probable outcome is a fine and penalty points, though there’s also the possibility of a driver awareness course.
I have received a letter from my local force (cheshire) for an application for name and address for an offence in Scotland. The offence took place on 25/02 and the papers were served on the 12/04 by a Cheshire Police officer who didnt explain why this was hand delivered. This is a company vehicle and the letter has my correct details on it. Is this within the correct time frame it can I contest it?
Hi Andy, As it was a company vehicle that you were using, they are permitted extended time over the 14 days limit. I would recommend taking initial free legal advice.
I received 2 NIPs for speeding and I had to return them back within 28 days. But I come to realise that 28 days have passed as I misunderstood the counting ( excluding weekends). In fact, II am now on 38 days. What would be the consequences of this? Should I send them with that delay or go to court?
It’s always best to avoid court (unless it’s your intention to fight it in court) as you’re likely to incur greater charges and fines. I would get them sent back ASAP
Hi, I’ve received an NIP which is 1) outside the 14 day window (Speeding apparently 27/06, ref date of postage 20/07) and b) has the wrong surname (accurate on dvla) records. How would you challenge to prevent the points & fine?
I would always recommend that you take advice from a traffic offence solicitor even if you feel that you can contest the NIP.
I got a NIP through the post for careless driving, with no supporting evidence or info as to what it was, only where. The only thing I can remember was over taking a car doing 40 in a national speed limit country road (on a straight) when there was a cyclist heading towards me, I pulled back into my lane quite far ahead of the cyclist though. if this is the offence, what sort of outcome should I expect?
The fixed penalty for careless driving is 3 penalty points and £100 fine. However, if it goes to court under ‘Driving without due care and attention’ and/or ‘Driving without reasonable consideration for other road users’, the penalty points range from 3 to 9 along with a fine of up to £5000. Points for careless driving remain on your licence for 4 years.
The NIP said “Driving without due care and attention” – Does this mean it will automatically go to court?
No, a notice of intended prosecution doesn’t necessarily mean you’ll go to court. Depends how serious the offence was. You may receive a fixed penalty (3 points and £100 fine). If you choose to ignore the fixed penalty or refuse it, it will then go to court.
Hello, I got 3 NIPs through the post, all dated 22nd September 2020 for speed limit offences committed on different days (28th June, 24th July and 7th August 2020). I have filled the section A of the NIP forms, but seeing this 14 day rule, what do you suggest I do? I currently am using an international drivers license that is valid until November 2020, which I provided in the section requiring driving license details. I have a UK provisional license, but do not yet have a full UK license, and I am yet to take the UK driving tests. What is your advice on this?
There are some technicalities for the 14 day rule. Are you the registered keeper and is the vehicle registered to your address? The only obligation that the police have is to send the NIP within 14 days to the registered keeper at the last known address on the DVLA database. Due to there being a few speeding offences on your NIP, it’s important that you get it sorted professionally. I would advise seeking some free initial advice from a road traffic law solicitor.
I received a NIP at the roadside for speeding. Verbal box ticked.
I’ve read and re-read the green copy that I have and it’s says not to do anything until I received comms from West Mercia.
I’m just worried because of the wording…intended prosecution…do I just wait for them to contact me??
Yes, just wait. The final result depends on how fast you were going over the speed limit. If it was only a little over the limit, you may receive a fixed penalty notice (3 penalty points and £100 fine) or the option of a speed awareness course. If you were driving over the speed limit by a larger margin, you may have to go to court.
I have today received a NIP letter dated 15/10/20. The date of the offence was 1/8/20. I know that I still need to provide the driver details but can I appeal this due to the time it’s taken to send it out!
There are quite specific circumstances where the 14 day rule applies. I would recommend that if you think you’re eligible for an appeal, you should seek professional advice.
I don’t know if I’ve been reported for dangerous driving, will I receive an NIP in the next 14 days if I have?
That could be likely.
There was a bend and I spun the car out and the tyres screeched and police where at the end of the bend the followed me . I was unaware As it was undercover police then I was trying to overtake a bus however I didn’t because of oncoming traffic I stayed in my lane . Police stopped me took my details and done me for careless driving . I’ve been passed 10 months do you think I will 6 points ??
Careless driving is 3 to 9 points. It doesn’t sound like what you did is worthy of a ban, but of course I don’t know all the details.
In reply to Jason derilo.
You tried to overtake a bus on a bend, you definitely deserve the points and a ban, and if it was up to me, I’d make you retake your driving test and lessons
My friends daughter has only recently passed her test and within 6 days she has a NIP for doing 35mph in a 30mph. My friend is worried as his daughter is 17 and he does not think she can take the speed awareness course. Can his daughter take the course so as to not get points on her licence and if she can take the course does she have to inform her insurance company?
She might be offered the speed awareness course, but you can’t request it. It’s usually offered to drivers who are not significantly over the speed limit when caught. If she does get offered the speed awareness course and she accepts it, she wont get any points on her licence. She is not legally obliged to inform her insurance company of the course.
Hi, my dad got caught driving alone with a provisional licence 4-5 weeks ago but still didnt receive a nip, on gov’s site he still has 0 penalty points. What that should mean?
Are you sure he didn’t receive the NIP at the time of the offence? If that’s the case, or if it isn’t his car, the 14 day rule doesn’t apply.
Hi hubby just recieved a nip letter today feb 2021 for a speeding camera ticket back in Oct 2020 the 5th, hubby the keeper both on insurance, we not moved house or bought the car as we had it years, dont know who was driving that day as so long ago, can we contest it, any info would be great thanks our first ever ticket
On most of these letters, there’s usually 2 parts, the notice of intended prosecution and the requirement to provide driver details. It’s actually the NIP part that has to be served within 14 days. There’s no time rule for the driver details part, but it’s this part that you’re legally obliged to reply to. It’s the person who’s name is on the NIP that has to reply to the providing driver details part. If it’s not your name at the top, it’s not your problem.
It’s obviously been considerably more than 14 days, so it does sound like you have a case being as you’ve had the car and been at that address for a long time. You still need to reply stating that you don’t know who the driver was, but you must make reasonable effort in trying to find out who the driver was. Who else has access to the car etc..
Other than you being legally obliged to reply to the letter (driver details), you should seek legal advice on what further action to take.
In reply to Driving Test Tips.
Thank you its just one page with the speeding part on the front dated 5th oct 2020 and where it took place plus time and on the back is too fill in and return, the letter is dated feb 2021 I was just shocked as its few days short of 4 months since the offence so I think asking legal advice is a must but hubby just says he will sent it back and pay the fine or do the driving course as its 6mph over thanks for getting back to me.
My brother who is the registered owner of the vehicle received the NIP on the 2nd March 2021, the offence was on the 23rd Jan 2021. So 14 days has passed – but I was driving not him, can we still contest that it is invalid due to it being late?
If the police had problems obtaining the registered keeper details, then that can be sufficient reason enough to exceed the 14 day rule. Your brother still needs to provide details of who was driving. If the offence wasn’t too bad, you may just get an offer or a speed awareness course without the need to go to court.
I was stopped on 12th February and given a verbal NIP and a copy of a Traffic Offence Report
When cautioned I think the officer sadi I would hear from them within 14 days but I have heard nothing
Can I still be prosecuted?
I’m afraid so yes, you were issued a verbal NIP. If it was not verbal, then it should have arrived in the post within 14 days.
Hi I hired a car a while ago.
I have just received an email stating I need to pay a fine as they have received a N I P speeding. How ever the date of speeding was the 4th of February. The police only emailed the N I P to the hire company on the 22nd of February. Does this mean the 14 day notification is now void as passed 14 days? So once I receive my letter from the police asking for details can I point thus out to them? Thank you.
The fact that you’re mentioning ’email’ is a little concerning. As far as I’m aware, they only sent letters in the post. I would first check to ensure this isn’t a scam. If it is genuine and is a letter that the police can prove they sent out within 14 days, (the hire company may have received it later) then you’ll still be liable for prosecution.
Drove onto opposing Road through traffic light as my path was blocked, will I receive a NIP, I wasn’t stopped by anyone, was in town centre so not sure if I was reported.
You’ll only receive a NIP if there was a traffic lights camera.
Hi, I was travelling through a fixed speed camera which was 30mph. I was travelling at about 45-47mph in the zone as I misjudged my speed. The camera flashed twice and i have had people telling me that the camera doesn’t work most of the time. I am currently 18 and had my car licence for 6 months and just passed my category D bus licence yesterday and have had a moped 50cc since 2019. What is the likely offence I could receive and will I ode my licence such as my bus? Thank
I guess you’re crossing your fingers that the speed camera is the old type that still uses film and doesn’t send digital images directly for processing.
It’s difficult to say really, it’s in that area where you might just be lucky enough to receive a speed awareness course. Almost 20 mph over the limit in a 30 mph zone is a lot though. You’ll likely be looking at 3 to 6 penalty points and a fine. You may also receive a short ban. Any points or driving bans will affect all motorised vehicles that you’re licensed to drive.
Hi, thank you for the response. I was being tailgated before I reached the camera. I accelerated a bit much that causes me to pick speed up while going down the hill where the GATSO speed camera is fitted. I live in Scotland and obviously have a full clean driving licence.
If I do get a short ban, does that mean I will need to take my car and bus tests again once it’s up? When I reached the camera it flashed twice and I slowed right down before reaching the last lines of the road where the GATSO is placed.
I have no current offences or convictions so is there anyway of getting 3 points as the traffic empty as only my car and the person behind me and the area was clear of pedestrians. It was at 23:00pm hours at night with houses on either side.
The speed camera, flashed twice and is a GATSO fixed speed camera which is blue.
I live in Scotland so not sure if any speed awareness courses are available in Scotland.
A quick response is greatly appreciated as I feel worried about losing my bus licence and my bus driver job.
I don’t think the fact that it was late at night and quiet really has anything to do with it. It only takes one person to be crossing the road at the wrong time and that could happen at any moment.
As far as I’m aware, the speed awareness course is not available in Scotland.
You may receive a fixed penalty, with a few points and a fine, or you might have to go to court – it really depends on the actual speed you were doing. It’s unlikely that a judge will rule that you will have to retake the tests, but it really depends on who you get. If you do need to go to court, don’t be telling the judge that it was quiet and late, they don’t like excuses. Tell them you messed up and you’ll never do it again and that your bus licence is important for your career.
I moved 6 months ago and for some reason or another the registered keeper details weren’t updated by the DVLA, i completed and posted the V5C showing the new address but it wasn’t changed.
During this time i rented out my previous address to a family and was not aware that mail for me was there since december. One of which was a NIP for a speeding offence for driving 49mph for a 40mph limit on a ‘special road’
Due to lockdown restrictions and the entire family at the rented house having covid i pretty much stayed clear of the house and it’s only just come to light.
Not sure what to do now. the original NIP was 3/12 and they sent a reminder on 12/1, the registed keeper is my wife. but i was probably driving.
That’s a difficult one isn’t – should you ignore it and hope it gets forgotten or own up?
49 in a 40 isn’t the worse case of speeding. It’s possible you could have been offered a speed awareness course if you’ve no previous.
Failing to respond to a NIP / failing to provide driver details will typically result in a court summons. From what I’m aware, the police have to contact the court to issue a summons within 6 months, but you still may receive the summons after 6 months as it then depends on how long it takes the court to issue it.
Failing to provide driver details carries 6 points and a fine, then you’ll have the speeding on top. The police did all they needed to do which was send the NIP to the last known address.
I suppose it’s up to you if you want to take the gamble of it going away. Personally, I would write them a letter, explaining your situation (and the current Covid situation) rather than having a potential summons looming over you.
Just received a nip for speeding in my name and at my address. The thing is I’m not the registered keeper my partner is who I live with and but this vehicle is registered to another address the other side of the county So how did it come in my name. My partner no nothing about either
Hi, I just received a nip for careless driving, failing to stop at a road accident and failing to report an accident. The police came to my door about a month ago and told me it was to do with a smashed wing mirror. I told them I don’t recall hitting one and they left. No paperwork was signed to say they had visited me.
The alleged offence was on 27/04/2021 and it was sent out on 13/07/2021. Does the 14 day apply?
I received an NIP for exceeding a 50mph speed limit with no further information. Also the NIP was hand delivered one evening.
Can I request further information as I would like to know what actual speed I was doing. Or is that pushing my luck
Hi Spencer. The NIP should include details of the offence such as the date and location. Sounds a little strange if there are no other details. I would recommend contacting the authority that issued the NIP.
I have just received a Nip. Was going 76 on a motorway but it was a 40 zone. I remember seeing the signs for 40 but was convinced I slowed. My satnav also tells me when the limits change but didn’t.
I have been driving 4 years and never had an incident. I am worried as I need to drive for work. On the one hand I know its bad as it was massively over the limit. But I was genuinely under the assumption the motorway limit was 70. Still too much but not as bad as almost double the limit.
The fines say a certain percentage of weekly wage but so £2500. Which one is it?
Also, am I likely to be banned?
When fines are calculated, they take your weekly income and take a percentage of that. The percentage is determined on how far over the speed limit your were driving. In your case, doing 76 mph in a 40 mph limit would be in the higher range of up to 175 percent of your weekly income. That is capped and cannot exceed £1000 unless you were caught speeding on a motorway, in which case the maximum limit is increased to £2500.
There is a high chance of your licence being revoked when almost double the speed limit. If you need to attend court, I would strongly suggest that you do not blame the sat nav as it’s simply a device to assist you and not one to rely on. You need to own the mistake and convince the judge that it will never happen again. You might then avoid a ban.
i recently visited london and by mistake ran through a red light and police stopped me and said you ran through red light i was in right lane wated to go straight and i used left indicator very late so they stopped me they took my details but officer said he will not give me ticket but took my info at end in his computer tablet will they issue me ticket or some notice i am new driver ive passed few weeks ago?
It would be quite unusual for the police not to issue a ticket for running a red light. If the officer intends to prosecute and they’ve pulled you over, they will usually issue a verbal Notice of Intended Prosecution as this saves paperwork and time. If a verbal NIP was issued, there is no requirements to receive a written NIP. As it doesn’t appear a verbal NIP was issued, there could be a chance that you’ll receive a NIP in the post and this must be within 14 days of the offence. As I said though, a NIP is usually served verbally at the time of the offence and you said that the officer said he will not give you a ticket, so it looks likely that no further action will be taken.
I have received a nip for speeding I have no license I have insurance and own car what will be the out come
You’ll receive a fine (maximum £1000 if attending court) and penalty points (between 3 and 6) for driving without a licence (driving otherwise than in accordance with a licence). You may also receive a driving ban that’s enforceable for when you do pass the test. The insurance is a tricky one, driving without a valid licence may invalidate your insurance, you could be looking at an additional charge; again fine and points. If attending court, the fine for driving without a licence and if deemed that the insurance is invalid, the fine can extend to £5000 with other offences.
All of that is worse case scenario and is highly unlikely to be reaching fines anywhere near that, even if you attend court. On the other hand, you may be issues a Fixed Penalty Notice (FPN) for driving without a licence, which is more likely if it’s a first offence. If you do receive the FPN, accept any points and fine and that’ll be the end of it, no court.
It’s probably worth speaking to a legal professional who’ll be able to go through your specific details and advise you.
Hi I have sent my nip back to the police telling them I was the driver of the vehicle but forgot all about it and have only sent it back on the 29th day what will happen now
I wouldn’t say this as matter of fact, but generally they’re not concerned if it’s a little late. If you’re worried and only just sent it, give them a call saying you genuinely forgot it and apologise. They should put a note on your file saying that you called.
I drove up the wrong side of a road….to overtake traffic (10 cars or so). The car oncoming was a police van (Peugeot minivan) so I pulled over on the right to let them pass…they just gave me dirty looks but didn’t pull me over. I understand that they can use the camera footage…is this a major offence? I have never had any offences previously..If they take action, what is most likely the penalty?
By your description of events, no offences were conducted at all. Legally, you can drive on the wrong side of the road to overtake vehicles and it’s also not illegal to pull up on the right. You made no mention of your standard of driving, but provided it was not reckless, or dangerous or that you did not break any laws, such as crossing solid white lines, speed limits etc, then you should have nothing to worry about.
I got a speeding ticket dated 16/01/22 date of the offence and l got it on 20/06/22 , l was not the owner or the driver , replied with the drivers details as l was not the driver , they replied asking for insurance of the but l sold the car and on the date if the offence l was not in the country which l hve send my stamped passport with the entry and exit . Yesterday 16/07/22 the ticket was 6 months old.
I have received a NIP for doing 83 mph in a variable speed limit but there was no sign displayed. It even shows this in the evidence. I understand that I have broken the speed limit but I have travelled the same journey for 2 years so why has it just happened?
I’m not sure why it’s just happened. Do you mean that you frequently drive in excess of the speed limit and have gotten away with it so far?
Cameras aren’t always operating and perhaps the cameras that caught you now are.
I assume that there was no insurance registered to the vehicle and it wasn’t declared SORN. Provided that you can prove you weren’t the driver and can prove that you sold the vehicle, it shouldn’t be a problem.
I received a NIP for an alleged rtc in a works car. My vehicle and another did get close as 2 lanes merged, with me being ahead. Im assuming this was this was what the Nip was issued.for as.it said careless driving/rtc. I didnt realise (or think even now) that our vehicles touched or I wpuld have stopped. The other vehicle didnt stop either. My work car had some very minor scratches (and did in the first place all.over) therefore i cant tell of any are new. If it turns out we touched, will I be fined for not realising? Will the police have had to have proof (dashcam etc) to send a nip or just word of.mouth from the other driver?
I don’t think whether the vehicle’s touched is what’s of concern, as in terms of careless driving, it will be on the standard of your driving. The police will need to prove that you were driving the vehicle, on a public road and that the standard of your driving was below that of a competent driver. Proof can be eyewitness testimony (their word against yours), but it’s probable they have video evidence.
My husband was caught doing 76 in a 50 (idiot) we sent the NIP back within 28 days about 6 weeks ago. We still have not heard anything back as yet, how long does it normally take for a response from the police of their intent? He has no other traffic offences or any offences of any kind. Is this still likely to end up in court? He need his car for work as he is self employed so no car no work. On the NIP is says a speed awareness course maybe offered, is this a standard statement on an NIP? Or could this still be offered considering his speed limit.
You will have usually heard something back by now, but to be honest, it’s really when they get round to it. You can contact them if you’re concerned that they did not receive the NIP back. Your husband was probably speeding too excessively for a speed awareness course. I would think if I were to make a guess, especially considering he has no other traffic offences, it will be dealt with via a fixed penalty notice, meaning he’ll not have to attend court.
Thanks for the reply and your advice. Hopefully thats the case, what type of FNP could he expect if he gets that.
It’ll likely be £100 with 3 penalty points.
“It is law that upon receiving a NIP, the driver at the time of the offence must be identified to the authorities. Ignoring a Notice of Intended Prosecution is therefore failing to identify which can incur a £1,000 fine and 6 penalty points on a driving licence.”
They asked me at the roadside if it was my car and who I was. I identified myself already. I’m not ignoring the NIP, i want my day in court. I don’t want a discount for making it easier for them!
So will they still say I’m failing to identify? I’m happy to go identify myself any time. I just don’t want to admit my guilt without going to court
Obviously unsure of your situation, but as you’ve said, you’ve already identified yourself. Depending on the circumstances, you may receive a fixed penalty notice, or be required to attend court. Although you have identified yourself as the driver, if you do receive a fixed penalty notice, you do not have to accept the offence and can choose to have the matter taken to court. If the matter does go to court and found guilty, you’ll be subject to court costs, plus fines and points.
I am very much aware I unconsciously passed the red amber light but changed to red light in the process. I know and felt the flash of the red light camera . I know I will receive NIP but my concern is the points on the licence . Is there any course to offer rather than the points ? Just like speed awareness course . Is there any course like that too for a traffic light offence
Yes there are courses that the police may refer you to rather than prosecution. Some of them are in a physical classroom, or a virtual, online course. In your case, you may be offered a course related to driving without due care and attention, to include among other things traffic lights offences. Whether you get offered a course rather than a fixed penalty notice is for the police to decide.
i received a verbal NIP roadside March 2022.
Now almost November 2022
Its now 7.5 months since the offence, ive heard nothing.
how long am i at risk for?
I got pulled over for not having a full working headlight bulb- I asked the officer if it was the whole light or just the bottom light to which they advised it was the bottom. I advised I will take it to the garage in the morning and was issued with a road offence report paper? Will i get a fine and points? This was my first offence in 4 years and now i’m panicking thinking i’ll get banned? Thank you
Was it not a vehicle defect rectification notice that you were issued with? If it was, there’s no fine or points, but you will need to provide proof within 14 days the the fault has been rectified, by means of the repairs being signed off by a mechanic.
I received a NIP for doing 47 mph in a 40.limit.This speed was recoded by a traffic light camera. The second line, not in bold type,, states, seconds into red light for red light offence. I have a clean licence. What is the likely outcome of this motoring offence?
At speeds that are not too excessive, a speed awareness course is reasonably likely, failing that, a fixed penalty notice of £100 fine and 3 penalty points.
I received a NIP letter dated 09/1/2023 but the offence mentioned in this document was done on 21/09/2022 at 15:20, more than 3 months after the offence, what do I need to do? I already sent back my details and asked the officer to invalidate them against the gap between the offence and the time of NIP.
I did one comment with the wrong date. (fixing)
There are certain circumstances where the NIP will still be valid, if for example it was served within the 14 days time period, to the registered keeper as per DVLA held data and that it wasn’t a hire vehicle. If the police had trouble tracking you, for example the information help by the DVLA is not up to date, the NIP will still be valid. If none of that applies and you sent back the document naming the driver, they may be unable to prosecute. If you wish, you can call them to be updated with the progress of the NIP. It can be stressful waiting.
The police are saying I received a NIP but I haven’t and now they are saying I will get done for not furnishing them with driver details what can I do
Have you changed address and not updated your records with the DVLA or anything like that? Did you receive a reminder? The police can prove that they sent the NIP, but it’s almost impossible for you to prove that you didn’t receive it. Contact them ASAP and tell them that you’re happy to provide the details of the driver, but that you didn’t receive the original NIP (they don’t always send a reminder). Best to get on it ASAP else it’ll be unlikely to go in your favour.
Hi there I have just received a NIP for doing 35mph in a 30mph zone caught on a static speed camera, the incident happend on the 30/01/23 and the date posted on the NIP is 22/03/2023 which of course is 8 days over the 14 day rule, the vehicle is a company van does anyone know how I could contest this please?
Hi I was stopped by the police who accused me of speeding which I denied, they said they were going to give me guidance but because of my attitude I would be reported for prosecution and I was cautioned l I asked what I was being cautioned for and they said speeding. 3 months later I have received a summons for inconsiderate driving . No mention was made of inconsiderate driving at the roadside stop, nor did I receive any written NIP for any offence .In the accompanying statements to the summons they’d said they decided not to prosecute for speeding because the police vehicles Speedo wasn’t calibrated.
Can I challenge the prosecution on the basis that I never received a Notice of Intended Prosecution for inconsiderate driving either at the time or subsequently in writing ? Or is the caution for speeding sufficient to count as Notice of Intended Prosecution ?
You are legally obliged to state who was driving at the time of the offence if you know. You can refuse to accept any COFP (Conditional Offer of Fixed Penalty) or any driving awareness course and proceed to court if you wish. It would then be on the NIP issuer’s obligation to prove that they sent it within 14 days. Though bear in mind, they only need to have sent the NIP to the registered keeper within the 14 days limit. When not significantly over the speed limit, there’s a reasonable chance that you may be offered a speed awareness course.
I would be more interested in the margin of speed in which you exceeded the limit. Generally the use of non-calibrated speedometers is not encouraged in court. However, if the margin is considerable, then the readings can still be admissible. If the exceeded speed is negligible, which might appear to be the case based on your comment, admissible evidence from a non-calibrated speedo may not be accepted.
Hi, thanks for the response .the main issue I have is that I’m being prosecuted for inconsiderate driving, I was not informed at the roadside stop that I would be reported for prosecution for inconsiderate driving. I was cautioned and when I asked what for they said speeding ( but they’ve since said they’re not going to prosecute for speeding ) . Is the fact that they’ve warned me that I would be prosecuted for speeding (even though they’re not doing so) sufficient to satisfy the requirements of Notice of Intended Prosecution for an offence of inconsiderate driving – or do I have to be given a verbal Notice of Intention to Prosecute for Inconsiderate driving to meet the requirements of being given Notice of Intended Prosecution? Thank you
I’ll be perfectly honest, I’ve not come across this situation before, so I wouldn’t like to say. The outcome is likely to be similar with inconsiderate / careless driving being three penalty points and a fine – similar to that of a speeding fine. It would appear you were issued with a verbal NIP at the roadside, but whether they are entitled to alter it from speeding to careless driving because of a technicality on their part, I’m afraid I really don’t know. You can usually get some limited, free advice from a solicitor that specialises in traffic offences.