NIP Checker

The police MUST issue what is known as a Notice of Intended Prosecution if they intend to prosecute a motoring offence which was NOT involved in an accident. S1 Road Traffic Offenders Act 1988 requires police to

  1. Warn the defendant at the time of the alleged offence of the possibility of prosecution for the offence
  2. Serve the defendant with a summons within 14 days of the offence.
  3. Serve the defendant with a notice of the possibility of a prosecution within 14 days of the offence either to the driver or the registered keeper of the vehicle.

If the notices are not served in time or they are not correctly served you may avoid a conviction. Note that you DO NOT COUNT the day of the alleged offence, so if the alleged offence is committed on the 1st of the month the notice should be served by the 15th of the same month.

    Checker

    The following questions and answers will provide a guide to the steps you should follow:-

    Was the Notice served within the required 14 day period?

    Was the Notice accurate in relation to the following:

    • Alleged Offence

    • Time of the alleged offence

    • Date of the alleged offence

    • Location of the alleged offence

    You have confirmed that you received the NIP within 14 days and that the details provided thereon were accurate.

    You appear to have an effective NIP and should complete the details of the driver if you know them. If not then you should provide as much information as possible to identify the driver and also an explanation as to why you do not know and what steps you have taken to find out.

    You have confirmed that you received the NIP within 14 days, but that some or all of the details were inaccurate.You should correctly complete the notice providing the name and address of the driver at the time of the offence. Even if the Notice was defective it will not always afford a defence to the offence of failing to supply information so you should always provide details and examine whether the defective notice provides a defence to the actual offence itself.

    It is imperative that if you were the driver that you provide your details even if the NIP is defective and also if you consider that you are not guilty of the offence. The defence to the substantive offence can be dealt with post charge/summons. You must never fill in the form for some else named on the NIP and you must never write or allow someone else to complete it in their name if you were the driver. This could lead a more serious charge which could result in imprisonment.

    Are you the registered keeper of the car?

    You have confirmed that you did not receive the NIP within 14 days but that you are the registered keeper of the car.

    You should correctly complete the notice providing the name and address of the driver at the time of the offence. Even if the Notice was defective it will not always afford a defence to the offence of failing to supply information so you should always provide details and examine whether the defective notice provides a defence to the actual offence itself.

    Were you the driver of the car?

    You have confirmed that you did not receive the NIP within 14 days, but you were the driver.

    It is imperative that if you were the driver that you provide your details even if the NIP is defective and also if you consider that you are not guilty of the offence. The defence to the substantive offence can be dealt with post charge/summons. You must never fill in the form for some else named on the NIP and you must never write or allow someone else to complete it in their name if you were the driver. This could lead a more serious charge which could result in imprisonment.

    You have confirmed that you did not receive the NIP within 14 days and that you are neither the registered keeper of the car nor were you the driver.

    There is only an obligation upon the police to serve the NIP within 14 days upon the Registered Keeper or driver if known, it DOES NOT apply to anyone else thereafter. This may result in the notice being received extremely late after the offence. You may as a result be unable to identify the driver. If you are a company you will be expected to have documentary evidence of who is driving which vehicle at any time so the delay is less likely to provide a defence but for private drivers it is possible this could amount to a defence. This aspect of the NIP is very complicated and you would benefit from some expert advice at this point.