If your vehicle has been photographed as potentially involved in a motoring offence, the police must serve the registered owner of the vehicle with a notice of intended prosecution within 14 days unless the incident involved an accident or you were warned by the police at the scene. The notice will usually contain a requirement to tell the Police who was driving the vehicle at the relevant time [s.172 notice] failure to comply with that notice is an offence itself that carries 6 penalty points. If you have received a Notice of Intended Prosecution you should take legal advice as a matter of urgency. At Cartwright King, we will advise you promptly, and defend your case for you in court if necessary.
Notice of Intended Prosecutions and the law
A Notice of Intended Prosecution [NIP] will be issued if you have committed a motoring offence and were not given a verbal warning at the scene. According to the Road Traffic Offenders Act 1988 the NIP is a written warning that you could face prosecution and requires you to fill in certain details within 28 days, mainly who was driving the vehicle at the relevant time. The notice is required for most road traffic offences and in particular;
The notice must be sent to the registered owner of the vehicle within 14 days of the offence or the date the police learned of the offence. If it is sent later then any prosecution may be invalid. These cases are often made complex when vehicles are hired or leased and because of the serious consequences of failure to comply with the notice, we always advise taking very early legal advice if there is any doubt at all.
If you do not provide the information that the Notice of Intended Prosecution requires within 28 days, then you could face 6 penalty points in addition to any points attaching to the original offence.
What if you do not received your NIP?
If you have not received a Notice of Intended Prosecution, and there is no intervening owner and the vehicle is registered to the correct address, then any prosecution of you might fail.
It is always good advice to keep copies of any letters or replies you send so that you can give clear evidence about the history should the need arise.
Defending a NIP case
It is a defence to a charge of failing to provide details to say that you could not ascertain using reasonable diligence who the driver was. It might also be a defence to deny that the vehicle was at the place alleged and as a result you cannot say who was driving. Such a defence would require the Police to prove that the vehicle was at the place specified at the relevant time.
How can we help you?
Cartwright King’s lawyers will advise you promptly about defences that may be available to you and the consequences of conviction. You can be assured that you will always receive, high quality legal advice and representation from our experienced solicitors.
Why Choose Us?
At Cartwright King, our solicitors understand the stress that receiving a Notice of Intended Prosecution can cause and the severe consequences for you and your future. We are available to support you throughout the entire process, explaining the likely outcomes and fighting on your behalf.
How to make contact
If you require legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Motoring team on firstname.lastname@example.org and we’ll get back to you as soon as possible.
Our Motoring solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in Birmingham, Bedford, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham and Sheffield.