What should I do if I receive a Notice of Intended Prosecution?
If you receive a NIP you are legally obliged to disclose the identity of the driver of your vehicle at the time specified within 28 days. If you do not do so you will need to have shown that either it was impossible to comply despite your best efforts to establish the identity of the driver. If you fail to comply you will have committed a criminal offence and can receive up to 6 penalty points and £1,000 fine. There are many ways to escape liability for a NIP however a detailed consideration of the circumstances is needed to see if you can avail yourself of any loopholes that are available. The questions that you may wish to ask yourself are: when was the NIP issued? Was it originally issued to you or another party? Was this your car? Were you the driver? Can you identify the driver? Availing yourself of legal advice at an early stage can help you to navigate the correct path through what is a complex area of law and potentially avoid any further action.
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