Receiving a Notice of Intended Prosecution (NIP) after an alleged driving offence can be stressful and confusing, particularly where there are questions about the 14 day rule, company vehicles, or who was driving at the time. This guide answers some of the most common questions people ask about NIPs and section 172 notices.
What is a notice of intended prosecution (NIP)?
The purpose of a Notice of Intended Prosecution (NIP) is to warn someone that an offence may have been committed and that they may be prosecuted for it. The idea is to warn the person whilst the incident is still fresh in their memory and to give them a chance to collate any relevant defence evidence if appropriate.
It does not mean that they are definitely being prosecuted, but simply that prosecution is being considered.
Does a notice of intended prosecution have to be in writing?
NIPs are usually in writing and sent by post but they do not always have to be. An NIP is simply a warning of potential prosecution and can be given verbally.
The most common example is where the police speak to a driver at the roadside at the time of the alleged incident or during a formal interview under caution. A verbal NIP can satisfy the legal requirement and does not necessarily need to be followed up in writing.
What is the 14 day rule for an NIP?
An NIP must usually be ‘served’ on the driver or registered keeper of the vehicle within 14 days of the alleged incident.
In practice, it will normally be sent to the registered keeper because that is likely to be the only information initially available to the police. Many drivers wrongly assume that the 14 day rule applies to every notice sent by the police, but it only applies to the first NIP.
If the registered keeper nominates somebody else as the driver then the police can send a further NIP to that person outside the 14 day period.
This issue commonly arises with:
- lease vehicles
- hire vehicles
- company vehicles
- recently purchased vehicles
In those situations, the driver may receive their own NIP well beyond 14 days after the alleged offence, which can still be lawful.
Is a section 172 requirement the same as an NIP?
No. These are separate legal concepts, although they are usually combined into one document.
The NIP is the warning of potential prosecution. The section 172 requirement is a legal requirement to identify the driver at the time of the alleged incident.
A common mistake is for motorists to focus entirely on the alleged offence itself whilst overlooking the section 172 requirement. Failing to respond to a section 172 notice is a separate offence carrying a minimum of 6 penalty points and a fine.
Can I challenge an NIP if it arrives after 14 days?
It will depend on why it arrived late.
If you are not the registered keeper and the first NIP was sent elsewhere within 14 days then there would usually be no issue with service.
Similarly, if the notice was posted in time and there was a reasonable expectation that it would arrive within 14 days, the notice may still be treated as properly served despite postal delays.
If you moved address but failed to update your DVLA details, the notice will still be deemed properly served if it was sent to your last known address within the 14 day period.
However, if the first NIP to the registered keeper was sent outside the 14 day period with no reasonable explanation, then this may provide grounds to challenge the prosecution.
Can I challenge an NIP if it is dated more than 14 days after the alleged incident?
Possibly, but the date printed on the notice is not always decisive. The key issue is usually when the notice was actually served and whether there is a lawful explanation for any delay.
For example, if the police first served the registered keeper within 14 days and then later contacted the driver, the notice may still be valid even if the driver’s own notice is dated outside the 14 day period.
Do I still need to respond to a late NIP?
Yes. The requirement to respond under section 172 of the Road Traffic Act 1988 is separate from the validity of the NIP itself. Even if you believe the notice was served late, failing to respond may lead to prosecution for failing to identify the driver.
That offence carries a minimum of 6 penalty points and a fine, which can sometimes be more serious than the original motoring allegation.
If you intend to challenge the NIP, it is usually important to still comply with the section 172 requirement first.
I am not the registered keeper of the vehicle – is this relevant?
Yes. The 14 day rule usually only applies to the first NIP sent to the registered keeper.
This commonly causes confusion with:
- company cars
- lease vehicles
- hire vehicles
- family vehicles registered to somebody else
In those situations, the driver may receive correspondence much later than the date of the alleged offence without this automatically invalidating the notice.
I was not the driver at the time of the alleged incident – is this relevant?
Yes, but you still need to respond to the section 172 requirement.
If you were not the driver then you should provide details of who was driving, if known. Failing to do so may amount to the separate offence of failing to provide driver information.
Once the police receive the nomination, they will usually issue a fresh NIP to the person identified as the driver.
What Happens if You Ignore an NIP or Section 172 Notice?
Technically, you are responding to the section 172 requirement rather than the NIP itself, but they are usually contained within the same document.
Failure to respond is a separate offence which carries:
- a minimum of 6 penalty points
- a fine
- increased insurance implications in some cases
In practice, failing to respond can sometimes create more serious consequences than the original allegation. For some motorists, particularly those who already have points on their licence, a section 172 conviction can place them at risk of reaching 12 penalty points and facing disqualification under the ‘totting up’ rules.
If you are at risk of a driving disqualification or are unsure how to respond to a Notice of Intended Prosecution, it is sensible to obtain legal advice as early as possible.
Who can complete an NIP?
The notice should normally be completed and signed by the person to whom it is addressed, whether or not they were the driver at the time.
If they were not the driver, they can provide details of the correct driver so that a further notice can be issued.
What if I Am Not Sure Who Was Driving?
You should provide as much information as possible and make all reasonable enquiries to identify the driver.
Depending on the circumstances, this may include:
- checking diaries or work schedules
- reviewing fuel receipts or phone records
- speaking to all possible drivers
- checking company vehicle logs
If there is more than one possible driver then details of all potential drivers should usually be provided.
If the vehicle had been sold, stolen or cloned before the alleged incident then this should also be explained with supporting information where possible.
What should I do if I dispute the alleged incident?
You should still respond to the section 172 requirement and identify the driver if known.
If you were the driver, naming yourself is not an admission of guilt to the underlying offence. It is simply compliance with the legal requirement to identify the driver.
If the police later decide to prosecute, you will still have the opportunity to challenge the allegation in court.
What happens next?
If you have identified somebody else as the driver then the police will usually contact that person directly and send them a fresh NIP.
If you accept that you were the driver, the police will then decide how to deal with the matter. Depending on the offence and your driving history, this may include:
- a driver awareness course
- a fixed penalty
- prosecution before the Magistrates’ Court
The decision may depend on factors such as:
- the seriousness of the allegation
- previous penalty points
- whether you have already completed a driver awareness course
- the nature of the alleged driving offence
How Can You Challenge a Notice of Intended Prosecution?
In most cases, a challenge to an NIP will ultimately need to be dealt with through the court process.
One possible challenge is late service of the first NIP, although this will depend heavily on the circumstances and the examples discussed above.
Other possible issues may include:
- significant errors in the notice
- disputes regarding service
- disputes over the identity of the driver
However, many people wrongly assume that any minor error or delay automatically invalidates an NIP, which is not necessarily the case.
If you are considering challenging an NIP or responding to a section 172 requirement, it is often sensible to obtain legal advice at an early stage.
How We Can Help
If you have received a Notice of Intended Prosecution, are concerned about penalty points, or believe there may be issues regarding late service or a section 172 allegation, obtaining early legal advice can be important. Reeds Solicitors regularly advise motorists in relation to speeding allegations, section 172 offences, totting up disqualifications and contested motoring prosecutions.
Get in touch through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected].
About the Author
Clare Galo is a Senior Associate Solicitor and Team Leader at Reeds Solicitors with extensive experience advising and representing clients in relation to motoring offences and criminal investigations. Having qualified in 2004, she regularly represents clients in Magistrates’ Courts and police stations across a broad range of driving offence matters
