Receiving a Notice of Intended Prosecution through the post can be alarming — particularly if some time has passed since the incident it relates to and you are unsure what your obligations are. This guide explains exactly what a Notice of Intended Prosecution is, when it must be served, what the Section 172 notice that often accompanies it requires, and what you should and should not do when one arrives.
Our solicitors in Bolton advise on NIP and Section 172 matters regularly and can help you respond correctly to protect your position.
What Is a Notice of Intended Prosecution?
A Notice of Intended Prosecution — commonly referred to as an NIP — is a formal notice served by the police warning a driver that they are being considered for prosecution for a specified road traffic offence. It is not a conviction and it is not a charge — it is a preliminary step in the process, giving the driver notice that a prosecution may follow.
The requirement to serve an NIP is set out in section 1 of the Road Traffic Offenders Act 1988. It applies to a specific list of offences, including:
- Dangerous driving
- Careless and inconsiderate driving
- Speeding
- Failing to comply with traffic signals
- Leaving a vehicle in a dangerous position
It does not apply to every driving offence — for example, drink driving and drug driving do not require an NIP because the driver is typically stopped and warned at the scene.
When Must an NIP Be Served?
The NIP must be served within 14 days of the offence. This is a strict requirement. If the NIP is not served within 14 days and the driver was not warned at the scene, the prosecution is generally barred from proceeding.
An NIP can be served in one of three ways:
- Verbally at the scene at the time of the offence (most common where the driver is stopped by police)
- In writing by delivery to the driver personally within 14 days
- In writing by posting it to the registered keeper of the vehicle within 14 days
Where the NIP is posted, it is treated as served on the day it would ordinarily be delivered in the course of post — typically the next working day after posting. The 14-day clock runs from the date of the offence, not the date of receipt.
What Is a Section 172 Notice?
A Section 172 notice is a separate but related document that frequently accompanies an NIP. It is served under section 172 of the Road Traffic Act 1988 and requires the registered keeper of the vehicle to identify the driver at the time of the alleged offence.
Responding to a Section 172 notice is a legal obligation — failing to do so without reasonable excuse is itself a criminal offence carrying 6 penalty points and a fine. Crucially, you cannot refuse to provide the information on the basis that it might incriminate you — the right against self-incrimination does not apply to Section 172 notices.
The response must be made within 28 days of the date the notice was served. If you were not the driver, you must identify who was. If you do not know who was driving, you must state this — but this must be a genuine statement, not an attempt to avoid the obligation.
What Happens After You Respond?
Once the registered keeper has identified the driver, the police will send a further notice to that driver. Depending on the offence, the driver may be offered:
A fixed penalty notice — for lower-level speeding offences, the driver may be offered a fixed penalty of £100 and 3 points, which can be accepted without going to court.
A speed awareness course — for some speeding offences, particularly where the driver is a first offender and the speed was not excessively high, a speed awareness course may be offered as an alternative to points.
A court summons — for more serious offences, or where a fixed penalty is not appropriate, the driver will be summoned to appear at the Magistrates Court.
What If the NIP Was Not Served in Time?
If you can show that the NIP was not served within 14 days of the offence and you were not warned at the scene, the prosecution may be barred from proceeding. This is a technical but important defence that requires careful analysis of the dates involved.
Evidence that may support a late service argument includes the postmark on the envelope, the date of the offence, and the date the notice was received. Our NIP and 172 notices team can assess whether a late service argument is available in your case.
What If I Was Not the Driver?
If you are the registered keeper but were not driving at the time of the offence, you must still respond to the Section 172 notice and identify the actual driver. Failing to do so is a criminal offence. Once the driver is identified, the prosecution will be directed to them rather than you.
If you genuinely do not know who was driving — for example if the vehicle was used by a number of people and you cannot identify which of them was driving at the specific time — you should seek legal advice before responding. Making a false statement in a Section 172 notice is a serious criminal offence.
Can You Challenge a Speeding NIP?
Yes — in some cases. Potential challenges include:
- The NIP was not served within 14 days
- The speed measurement device was not properly calibrated or operated
- The vehicle in the camera footage is not the registered keeper’s vehicle
- There was an emergency or other special reason for exceeding the speed limit
Each of these arguments requires careful evidential analysis. Your solicitor will review the evidence and advise on whether any challenge has realistic prospects.
How Hi Solicitors Can Help
If you have received a Notice of Intended Prosecution or a Section 172 notice, our driving offence solicitors in Bolton can advise you on your obligations, review whether the NIP was properly served, and represent you if the matter proceeds to court.
Call 01204 371 414 for a free initial consultation. We are here to help.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: Do I have to respond to a Section 172 notice?
Yes. Responding is a legal obligation under section 172 of the Road Traffic Act 1988. Failing to respond without reasonable excuse is a criminal offence carrying 6 penalty points and a fine. The right against self-incrimination does not apply — you cannot refuse on the basis that the information may be used to prosecute you.
Q: What happens if I ignore a Notice of Intended Prosecution?
Ignoring an NIP does not make the matter go away. The police will pursue the Section 172 obligation to identify the driver and the prosecution will proceed. Ignoring a Section 172 notice is itself a criminal offence carrying 6 points. Always seek legal advice and respond within the required timeframe.
Q: How long do I have to respond to an NIP?
A Section 172 notice accompanying the NIP must be responded to within 28 days of service. If you are offered a fixed penalty, you have a fixed period in which to accept or reject it. Do not miss these deadlines — take legal advice promptly if you are unsure how to respond.
Q: Can a Notice of Intended Prosecution be challenged?
Yes — in certain circumstances. The most common ground of challenge is that the NIP was not served within the 14-day statutory period. Other challenges may relate to the accuracy of the speed measurement device or the identification of the vehicle or driver. A specialist solicitor can assess whether any challenge applies to your case.
Q: What is the difference between an NIP and a court summons?
An NIP is a preliminary notice warning you that prosecution is being considered — it is not a charge or a summons. A court summons is a formal document requiring you to appear in court and is issued after the NIP process has concluded and the decision to prosecute has been made. An NIP does not necessarily lead to a court summons — it may result in a fixed penalty or speed awareness course instead.
