The feeling of dread when the envelope arrives with the Chief Constable's address on the back is one that over a million motorists experience every year. Inside that envelope is the notorious Notice of Intended Prosecution.

What is a NIP?

This notice is a statutory requirement that must be served on motoring offence suspects within 14 days of the offence (this does not include all offences, nor where the driver has been warned at the scene that a prosecution will follow).

It is a warning that a prosecution will be pursued and gives the suspect information about the nature of the offence and the time and place that it is alleged to have happened. This allows the suspect to prepare for the prosecution.

Why is it important?

If it is not served properly, or is served after 14 days, section 1 of the Road Traffic Offenders Act 1988 states that "a person shall not be convicted of an offence".

How do I know if the NIP is not served properly?

This is where you need specialist legal advice. You cannot rely on the court (and certainly not the prosecution) bringing this to your attention. Furthermore, the courts have stated that failure of the police to comply with NIP requirements must be raised by the defence as the police have no duty to prove this aspect of their case.

How can Street Legal help?

We have specialist legal knowledge of this potential defence and have successfully challenged prosecutions on many occasions.

Call us now to discuss your case 07980 800512