Notice of Intended Prosecution (NIP)
A NIP is the first official document you receive after being caught speeding by a camera. Understanding the 14-day rule and your obligations is essential.
What Is a NIP?
A Notice of Intended Prosecution is a legal requirement under Section 1 of the Road Traffic Offenders Act 1988. Before you can be prosecuted for certain driving offences -- including speeding, dangerous driving, careless driving, and running a red light -- the police must serve a NIP on the registered keeper of the vehicle within 14 days of the alleged offence.
The NIP is not itself a prosecution or conviction. It is simply a formal notification that the police intend to prosecute and that they require information about who was driving the vehicle. The NIP is usually accompanied by a Section 172 notice, which requires the registered keeper to identify the driver.
If you were stopped at the roadside by a police officer and verbally warned that you would be reported for speeding, this constitutes a verbal NIP and satisfies the legal requirement. No postal NIP is then required. However, you will still receive a Section 172 notice and subsequent correspondence.
The 14-Day Rule
The NIP must be posted to the registered keeper within 14 days of the date of the offence. This is a strict legal requirement. The key word is "posted" -- the prosecution must prove that the NIP was sent within 14 days, not that it was received within that period.
In practice, most NIPs are sent within a few days of the offence being processed. However, there can be delays if the vehicle registration details are not immediately available or if the registered address on file with the DVLA is outdated.
If the NIP was not posted within 14 days, the prosecution is likely to be invalid and you can challenge it. However, proving that it was not sent in time can be difficult -- the burden of proof lies with you to show it was sent late, while the police will typically produce dispatch records showing the date of posting.
What Comes With the NIP
The NIP envelope typically contains several documents:
Notice of Intended Prosecution
The formal notice stating the offence (speeding), the date, time, and location, the speed recorded, the speed limit, and the vehicle registration number.
Section 172 Notice
A form requiring the registered keeper to identify who was driving the vehicle at the time of the offence. You must complete and return this within 28 days.
Photographic Evidence
Some NIPs include a photograph from the speed camera. Others direct you to a website where you can view the photograph using a reference number.
What to Do When You Receive a NIP
- 1
Check the Date
Was the NIP posted within 14 days of the offence? Check the postmark date on the envelope against the offence date stated in the NIP.
- 2
Complete the Section 172 Notice
Identify who was driving the vehicle. This is a legal requirement even if you intend to contest the speeding charge. Failure to respond within 28 days is a separate offence.
- 3
Return the Section 172
Post the completed form back within 28 days. Keep a copy and consider sending it by recorded delivery for proof of posting.
- 4
Wait for the Next Step
After identifying the driver, you will receive either a conditional offer of a fixed penalty (£100 + 3 points), an offer to attend a speed awareness course, or a summons to court for more serious offences.
Do Not Ignore the Section 172 Notice
Failing to respond to a Section 172 notice is a separate offence under the Road Traffic Act 1988. The penalty is 6 penalty points and a fine of up to £1,000. This is more severe than many speeding offences, which typically carry only 3 points. Even if you plan to contest the speeding allegation, you must still identify the driver.
What Happens After You Respond
Once the police have identified the driver, they will determine the appropriate course of action based on the speed recorded, the driver's history, and local force policy. There are three typical outcomes:
Speed Awareness Course
If speed is in eligible range
Fixed Penalty
£100 + 3 points
Court Summons
For serious offences
Frequently Asked Questions
What is a Notice of Intended Prosecution (NIP)?
A NIP is a legal notice required under Section 1 of the Road Traffic Offenders Act 1988. It informs the registered keeper of a vehicle that a speeding offence has been recorded and that prosecution is intended. It must be served within 14 days of the offence.
What is the 14-day rule for a NIP?
The NIP must be posted to the registered keeper within 14 days of the date of the alleged offence. "Posted" means sent by the police, not received by you. If the police can prove it was posted within 14 days, the NIP is valid even if you received it later. If it was not posted within 14 days, the prosecution may be invalid.
What happens if I do not respond to a NIP?
If you fail to respond to the accompanying Section 172 notice within 28 days, you commit a separate offence under Section 172 of the Road Traffic Act 1988. This carries 6 penalty points and a fine of up to £1,000 -- a harsher penalty than most speeding offences.
What is a Section 172 notice?
A Section 172 notice accompanies the NIP and requires the registered keeper to identify who was driving the vehicle at the time of the offence. You must return this within 28 days, even if you intend to contest the speeding charge itself.