What Should I Do If I Get A Notice Of Intended Prosecution?
The Law Of…Protecting Your Business
Ignoring or undervaluing the importance of a Notice of Intended Prosecution (NIP) can have devastating consequences for your business.
Julie Robertson, Partner and Head of Motoring and Criminal Defences, explains why taking quick but effective action when you receive a NIP is key.
What Is A Notice Of Intended Prosecution?
A Notice of Intended Prosecution is issued when the police believe that a driver has committed a motoring offence, such as speeding or contravening a traffic light signal. It is sent to the registered keeper of the vehicle within 14 days of the alleged offence and asks the registered keeper of the vehicle to confirm who was driving the car at the time.
If your employee was driving a vehicle where the company is the registered keeper, such as a car, van, or truck, when the alleged offence took place this means that the NIP will be sent to your business as you are responsible for 'keeping' the vehicle.
Who Should Fill In A Notice Of Intended Prosecution?
Many businesses often make the fatal error of giving the NIP to the driver who is alleged to have committed the offence or to a junior member of staff to fill in on behalf of the company. Either scenario can cause huge problems to a company who can then find themselves facing serious legal action.
It's crucial that the NIP is filled in by either the company owner, director, partner, or secretary as your company is held liable for the offence, not the driver, until the driver’s name is provided in a suitable way. If any of these individuals do not fill in the NIP, your business will be seen as breaking the law, and you could either be fined or face prosecution.
This could even lead to company directors being prosecuted in name for allowing the offence to take place or for perverting the course of justice. Not only can this have implications for a director’s driving licence and/or liberty but it can also catastrophically impact on their fitness to be a director.
What Happens If I Don't Give The Correct Information Or Make A Mistake?
Filling in the NIP as accurately as possible is also important as if any of the information is missing or incorrect:
- The Notice can be returned to you and you will still only have the standard 28 days to resolve the issue
- You could find yourself facing up to 2 years in prison for giving false information, which could have a catastrophic impact on your reputation
In this situation, it's vital to speak to a legal professional as soon as possible.
How Can Simpson Millar's Motoring Team Help Me?
Specialist in the field, Julie Robertson, Partner and Head of Motoring and Criminal Defences, has represented many clients in this situation, including nationwide businesses, and helped them find a successful outcome as well as introducing new systems to prevent this from happening.
Find out how Julie can help you by getting in touch with her on 0161 868 6224 or 07834 180 214.