Have you received a Notice of Intended Prosecution?

August 13, 2015

Have you received a Notice of Intended Prosecution?

A Notice of Intended Prosecution is often issued following evidence collected by cameras

A Notice of Intended Prosecution is issued by the police to warn you that you may face prosecution for a road traffic offence they believe you have recently

committed.  The trigger for a Notice of Intended Prosecution to be issued is usually derived from a camera and typically relates to speeding offences, dangerous driving and failure to comply with traffic signals.  A Notice of Intended Prosecution can either be issued at the side of the road or by post.

Notice of Intended Prosecution – 14 day rule

If the NIP is issued by post one of the key rules is that it must be received by the driver or registered owner within 14 days of the supposed offence. If you have a received the NIP which is dated more than 14 days after the alleged offences then you have reasonable grounds to reject the NIP by taking it to the issuing office.

When you receive a NIP you are obligated to identify the driver of the vehicle to which the possible prosecution is relating.  Failure to do this within 28 days may invoke another charge which can carry up to 6 penalty points and a £1,000 fine.  The police do not have to provide evidence that the NIP has reached the intended persons merely that it has been sent to the last known address of the vehicle registrant.

What to do if you receive a Notice of Intended Prosecution

If you have been issued with a NIP it is highly advisable to seek legal representation from a Road Traffic Solicitor. They will advise on how to respond to the notice.  If you feel that you should not have been served with the NIP they will be able to analyse the evidence to put a robust defence together.

The Road Traffic Solicitors at Qamar Solicitors LLP understand the stress of receiving a NIP can cause particularly if you could face losing your driving licence and hefty fines. In the event of receiving a NIP our Road Traffic team will assess your individual situation and offer the best advice on the help that can be given and the best steps forward. Our Road Traffic team serve the local communities of Dewsbury, Huddersfield, Leeds, Bradford, Wakefield and Sheffield as well travelling all over the UK to present clients in these kind of situations.