Notice of Intended Prosecution (NIP)
Do I have to respond to a notice of intended prosecution?
Yes – it is an offence to fail to respond and may lead to 6 points on your licence and a fine even if you were not the driver.
What happens if I don’t know who the driver was?
The law requires that you use reasonable diligence to discover who the driver was. If after that you still do not know who the driver was you may still be prosecuted and could be required to give evidence as to what steps you took to identify the driver. We recommend legal advice and representation if you face this issue as it can be difficult to establish this defence.
Can I get someone else to take the points for me?
No – If you submit a response falsely naming another driver then you and possibly the other person will be committing a very serious offence which could result in a prison sentence.
I have received penalty points but I didn’t know anything about it – what can I do?
The courts understand that given the volume of speeding offences committed on a daily basis there will be times when people do not receive the notice of intended prosecution. If you fall into this category you can, in certain circumstances, make a statutory declaration that you did not receive the notice. It is an offence to falsely make such a declaration. You must usually make the declaration within 21 days of discovering that you have received penalty points. The statutory declaration will overturn the conviction (removing the points and fine) and the prosecution will begin again.
Can a company be prosecuted for failing to provide details of a driver?
Companies and in some circumstances Directors and Officers of those organisations can be prosecuted for failing to provide drivers details. If you operate a company which falls under the jurisdiction of the Traffic Commissioner then such an offence could put your business or livelihood at risk.
