I am worried I may get 6 points for this offenceif I admit the offence now and this happens can I appeal after as I look after my Granddaughter and need to pick her up so her parents can go to work. Notice of Intended Prosecution (NIP) Section 172 notice; You must return the Section 172 notice within 28 days, telling the police who was driving the car. It needs to be made clear that this is separate and distinct from a requirement to identify the driver of a vehicle under section 172 of the Road Traffic Act 1988. If you receive the notice after this point, the case will likely not proceed to court. Notice of Intended Prosecution Facebook; Twitter; Instagram; Notice of Intended Prosecution. Notice of Intended Prosecution. Date of Offence: 25 April 2021. Please confirm that no further action will be taken. Instances where the registered keeper may not be the offender. Surely this is way too late for them to take any action. The law states that you must have received the Notice of Intended Prosecution within 14 days of the date of the offence, unless it was issued at the time of the offence. A Notice of Intended Prosecution will be issued to the offender in the post automatically after you've been snapped by a speed camera. If you've been caught by a policeman operating a radar . Received the Notice of Intended Prosecution? Receiving a NIP does not mean that you will definitely (or automatically) be prosecuted, but it . Notice of intended prosecution. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and 100.00 fine by post or an offer of a speed awareness course. If you have received a Notice of Intended Prosecution through the post, you will need to complete the form and return it to the Dorset Police Central Ticket Office. 17th February 2019. The vast majority of notices are received in writing and typically follow the commission of a camera detected offence, such as speeding. Genuinely I do not know who was driving, at the time we were a single car household and both my wife and I would drive the car daily. South East. If the vehicle is a company or leased vehicle the notice will usually be sent to the company first and then to the nominated driver. A Notice of Intended Prosecution (NIP) is a notice issued by the police to the owner or registered keeper of a vehicle informing them that they face prosecution for a motoring offence. A Notice of Intended Prosecution must be sent to the registered owner/keeper of a vehicle (as shown on DVLA records) with a view to it reaching them within 14 days. There are, however, some exceptions to this and you may still be prosecuted even if you did not receive the NIP within 14 days. The offence of failing to provide driver information does not require the service of a notice of intended prosecution. Notice of Intended Prosecution. Notice of Intended Prosecution (NIP) Notice of Intended Prosecution (NIP) (Section 1, Road Traffic Offenders Act 1988) For certain road traffic offences, the driver must be given a warning that they face prosecution. . I was in the time and the place mention in the letter so I was definitely the driver but I have NO IDEA WHAT I'M SUPPOSED TO HAVE DONE! Notice of Intended Prosecution. The police officer may provide verbal or non-verbal notice of intended prosecution or send a notice to the registered vehicle keeper. SPEEDING is a serious driving offence but if you're not notified in the correct timeframe, you may have grounds to contest the speeding notice. Following 2 calls with the Central Ticketing Office I returned the form completed, confirming I was the driver but with a letter requesting further information and evidence as their letter didn't actually show me the offence it was . A notice of intended prosecution has to be served to the registered owner of the vehicles address within 14 days of the alleged offence being committed. Notice of Intended Prosecution (NIP) and Requirements. So by failing to deal with that part of the notice you create an offence that you CAN be convicted of and which carries six points and around 800-1000 in fines and court costs. A written notice of intended prosecution is only required if you were not "warned at the time the offence was committed that the question of prosecuting [you] for some one or other of the offences . I received this notice in the post today 15/06/2021! A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. A Notice of Intended Prosecution should be sent to the registered keeper of a vehicle within 14 days of the date of an alleged offence. What is it asking of me? The form asks if you were the driver of the vehicle and gives you the opportunity to say whether it was someone else driving, if it was a hire vehicle or the vehicle was owned by someone else at the time of the . It states that no one can be convicted of an offence to which . The police officer may provide verbal or non-verbal notice of intended prosecution or send a notice to the registered vehicle keeper. This notice of intended prosecution (NIP) is usually sent with a requirement for the . The ticket office staff mistakenly believe that service is automatically the next day. A Notice of Intended Prosecution form is sent to the registered keeper within 14 days of the offence. What the bloody 'eck! Two weeks ago I received a Notice of Intended Prosecution for an offence I do not believe I was involved in. The law states that the police must serve the NIP within 14 days of the alleged incident as failure to do so may mean that they cannot prosecute you. But where the notice is not received at all, the only way to prove this may be to give evidence in court. When you receive a notice, it does not mean the prosecution will necessarily happen. This request places a legal obligation on the registered keeper to provide the details of the driver of the . Tags: Notice of Intended Prosecution. It can be in oral or written form. A Notice of Intended Prosecution must be sent within 14 days of the alleged offence (or in some instances of the offence coming to the attention of the police). A notice of intended prosecution (known as a NIP, or a S172 notice) is served on a person, either verbally at the time if they are stopped by police, or soon after an alleged offence has been committed, to make them aware that they may be prosecuted. The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. The Notice is simply what the name suggests. Answer (1 of 3): Assuming UK: Wait. Our specialist lawyers have years of experience having dealt with 100s of cases with a high success rate. It complies with the law as long as it is apparent that it has been issued on behalf of the chief constable and that the person who has issued it, has authority to send the Notice. Identifying the driver of the vehicle If you are the registered keeper of the vehicle then you need to identify the driver under section 172 of the Road Traffic Act. I have just received notice of intended prosecution for 55mph in a 30 and im already on 6 points. 20 May 2020. Such a warning is normally known as a "notice of intended prosecution", or NIP. These records are based upon the address recorded on the registration certificate for the vehicle. Notice of intended prosecution (NIP) - informs the registered keeper that the police want to prosecute the driver for an offence. 2) The Notice of Intended Prosecution was sent to the Registered Keeper within 14 days of the index offence but received by the Registered Keeper more than 14 days after the alleged offence. Requirement of warning etc. If the Notice of Intended Prosecution was received after the 14 days, they may be unable to prosecute you. If the vehicle is lease or hired, the notice of intended prosecution will be sent to the lease/hire company first. Once you have received the NIP, it will usually be accompanied by a 'Section 172' request for driver details. You might also receive one if you have been nominated as the driver in question at the time of the alleged offence. Title: Associate (Litigation Executive) Email: Amanda.McIntosh@rjwlegal.com. Formal Notice of Intended Prosecution A formal or written NIP is typically issued in speeding and traffic light cases where the offence has been caught on camera and the driver has not been stopped by the police at the time of the offence. Completing this form and signing it is a legal requirement under Section 172 of the Road Traffic Act 1988. This is what a notice of intended prosecution is. Location. What is it asking of me? A Notice of Intended Prosecution (also known as a section 1 warning) is a warning issued under section 1 of the Road Traffic (Offenders) Act 1988. It is a document that informs you in detail about what you are accused of and what the government plans to do. A court summons may be sent within 14 days. Although they appear on the same piece of paper these are two completely different things. If you have been charged with failing to notify driver's details, please contact us on 01623 397200 so we can offer you free advice. 5. It is a warning that a driver may be prosecuted for a certain offence/offences and may be in oral or written form. Please note we can only answer enquiries about an existing offence, we cannot look up or search for potential offences for a vehicle. You might also receive one if you have been nominated as the driver in question at the time of the alleged offence. Most of the letters from the police are a combined notice of intended prosecution and a requirement to provide driver details. It is necessary only for certain offences. 09/09/2013 16:10. (a) by . RTOA 1988 said: 1. A notice of intended prosecution has to be sent within 14 days of the offence. Yours, etc. The registered keeper of a vehicle will receive a Notice of Intended Prosecution when the driver was not formally warned of potential prosecution at the time of the allegation. I would have paid the additional 14.20 penalty fare and offered IRCAS this in the email exchange. After this, you will commonly receive a fixed penalty notice inside 28 days of returning the Notice of Intended Prosecution, informing you of the penalisation for the offence. I have subsequently received a "Notice of Intended Prosecution" and an amount owing of some 84. If there is a possibility of a number of users, then all details must be provided. notice of intended prosecution: intimation that must be made to a person of the intention to prosecute him for a road traffic offence and which is necessary if court proceedings are to follow. A manned police van 'recorded me' doing 51mph in a 40mph zone, but the date of the offence was allegedly the 3rd of October 2020, the letter they sent me is dated the 18th of December 2020. If you fall into this category you can, in certain circumstances, make a statutory declaration that you did not receive the notice. The police must issue the Notice of Intended Prosecution to either the driver or registered keeper of the vehicle within 14 days from when the offence took place. If you have been caught speeding or have committed a traffic offence that has been caught on camera, then the police will serve a Notification of Intended Prosecution (NIP) together with a document known as a Section 172 notice. Every driver has a legal obligation to inform the DVLA if they move address - your logbook must be updated whenever you move house. notice of intended prosecution: intimation that must be made to a person of the intention to prosecute him for a road traffic offence and which is necessary if court proceedings are to follow. This must be received within 14 days of the alleged offence. Notice of intended prosecution is required for certain other . Requirement to provide driver information - tells the registered keeper to say who was driving the vehicle. Will a prosecution follow? DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. A notice of intended prosecution is sent to people when there is an allegation of a motoring offence such as speeding. If this does not happen and the 6 month period expires without the . First, lets get our terminology sorted out. Hello, Just the other day I received a NIP - Notice of Intended Prosecution from my local councils police force for speeding. It essentially acts as a warning to the accused. TW. Answer. The police must send the notice so that it can be expected to arrive within 14 days of the alleged offence. A notice of intended prosecution is sent to the registered address of the vehicle according to DLVA records. Got a "notice of intended prosecution" (lol) for doing 76mph in a supposedly singlecarriage way. Common offences requiring a NIP include dangerous driving . Step 1 - you receive a Notice of Intended Prosecution If the police believe your vehicle is involved in a road traffic offence, a Notice of Intended Prosecution will be sent to the address of the registered keeper. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. Unless there has been an accident, or the offending driver was warned at the time of the offence that he may be prosecuted for it, notice of intended prosecution has to be served on either the driver or the registered keeper of the vehicle within 14 days of a speeding offence. The registered keeper is the person and/or company whose details are held on the DVLA database. A Notice of Intended Prosecution is a form filled out by the government to make you aware of an action they have taken against you. If you have received a 'Notice of Intended Prosecution' (NIP) this is because you are the last known registered keeper of a vehicle that was detected committing an alleged speeding or red traffic light offence. Before you get started on your Notice of Intended Prosecution form, there . You may also receive a Notice of Intended Prosecution if you have been nominated as being the driver of the vehicle in question. I got a Notice of Intended Prosecution from the police accusing me of Failing to Stop, Failing to Report and Accident, Careless and Inconsiderate Driving. Car licence since 12/2008. We are required to send the NIP so that you will receive it within 14 days of the date of the offence stated. If you were stopped by the police it may have been given verbally. Once six months has lapsed the case can no longer be . This notice of intended prosecution (NIP) is usually sent with a requirement for the . If the registered keeper says that they were driving, the police go on to look at the offence, they might: Written warnings received by drivers . I have already paid the fare. It is a warning that you may be prosecuted for a certain offence or offences. This typically includes offences such as speeding, careless driving, dangerous driving or driving whilst using a mobile .