Easy Way to Reject a Notice of Intended Prosecution
Have you received a Notice of Intended Prosecution (NIP) and feel it’s not fair? You’re not alone. Every month, over 32,000 people visit this site seeking guidance on such matters. It may seem scary and confusing, but there’s no need to panic.
In this easy-to-read guide, we will:
- Explain what a Notice of Intended Prosecition is and why you might receive one.
- Show you how to appeal against a NIP.
- Discuss the rules about when the police must send a NIP.
- Talk about how to deal with fines and penalty points.
- Give you important tips on what happens if you don’t respond to a NIP.
Our team has guided many people in your situation, so we understand how it feels to get a NIP, and we’re here to help you. Let’s dive in and discover how you can handle your Notice of Intended Prosecution.
Do You Have to Pay?
In some circumstances, you might have a legitimate reason not to pay your fine.
It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.
Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.
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Should you respond to a NIP?
Yes, you should absolutely respond to a NIP. Failing to respond to a NIP by the deadline will result in prosecution in court and more severe punishment.
The way you respond to a NIP is usually by completing a Section 172 Notice and returning it within 28 days.
How quickly do the police have to send a NIP?
If a Notice of Intended Prosecution is to be sent in the post to the vehicle owner, it must be received within 14 days. This doesn’t include the day the offence allegedly took place.
Most police stations will ensure the NIP is received well within this timeframe, but there have been instances when the NIP didn’t arrive in time, especially during periods with bank holidays and postal strikes.
What is the 14-day NIP loophole?
If the NIP doesn’t arrive in 14 days, you cannot be prosecuted for the offence even if you’re guilty. This is sometimes known as the 14-day NIP loophole.
However, you need to make sure the DVLA has the correct address for you on file. If the address is incorrect and the police sent the NIP to the wrong address, you won’t be able to use this loophole and could still be prosecuted.
What happens if you don’t return Section 172?
Failing to complete and return Section 172 will result in a magistrates court hearing for failing to comply and a fine of up to £1,000.
You could even get disqualified from driving as well.
Successful Appeal Case Study
Situation
| Initial Fine | £100 |
| Additional Fees | £171 |
| Total Fine | £271 |
The Appeal Process
Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.
| Total Fine | £271 |
| Cost of legal advice | £5 |
JustAnswer helped Scott craft the best appeal possible and he was able to win his case.
Scott’s fine was cancelled and he only paid £5 for the legal help.
In partnership with Just Answer.
Can you reject a Notice of Intended Prosecution?
You cannot simply reject a Notice of Intended Prosecution. But you can engage with the process and possibly win an appeal.
So, can you appeal a Notice of Intended Prosecution?
Sometimes you’re given the option to write an appeal letter and return this within 28 days. Alternatively, any appeal you make will have to be during the court hearing for prosecution.
Can you win in court?
It’s notoriously very difficult to win an appeal in court. There is no leeway whatsoever and most people who try this don’t win.
But there are some exceptions, such as if you weren’t the real driver because your vehicle was stolen. Or in some cases, if there was no )visible) road signs to tell you the speed limit.
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What happens if you lose in court?
If you try to appeal the motoring offence in court and lose, you should expect to pay a much bigger fine than the one that would have been offered within a Fixed Penalty Notice.
Is it worth fighting a Notice of Intended Prosecution?
In most cases, fighting a Notice of Intended Prosecution is not worth trying. It’s usually financially better to accept the punishment within an FPN.
However, you may want to get independent legal advice before deciding. I don’t know the specifics of your incident so I cannot say don’t fight it for certain.
Can you avoid penalty points in an FPN?
A common question among drivers ready to accept an FPN is… can you avoid penalty points?
Here is just one example of someone asking this question on a popular UK forum:
It’s possible, but only in specific situations.
You could choose to pay for a speed awareness course to avoid getting three points for speeding. But you can only do this if you weren’t excessively speeding and when you haven’t received any points in the last three years.
Have a parking ticket as well?
You might have better luck fighting a parking ticket. And I can help you do that in my How to Appeal Parking Tickets blog!
Hire a Parking Solicitor for less than a coffee.
If you’re thinking about appealing your parking ticket then getting some professional advice is a good idea.
Getting the support of a Solicitor can make your appeal much more likely to win.
For a £5 trial, Solicitors from JustAnswer can look at your case and help you create an airtight appeal.
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