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What Happens If You Ignore a NIP

By GetRighted Legal Research TeamLast updated July 2026

Summary

Ignoring a Notice of Intended Prosecution (NIP) is a serious mistake. The NIP is typically accompanied by a Section 172 notice requiring you to identify the driver. Failure to respond to Section 172 within 28 days is a separate offence carrying 6 penalty points and up to £1,000 fine — more than the original speeding offence. If you ignore both, the police can prosecute for failing to provide driver information under Road Traffic Act 1988, Section 172. They can also proceed with the speeding prosecution based on the evidence. A court summons follows, and failure to attend results in a trial in absence with potential conviction.

What happens when you ignore a NIP

Escalation:

  1. 1NIP + Section 172 notice sent to registered keeper
  2. 228 days pass with no response
  3. 3Police issue reminder or proceed directly to prosecution
  4. 4Court summons for failing to identify driver (s.172) AND/OR speeding
  5. 5If you ignore the summons → trial in absence → conviction → points + fine
  6. 66 points for s.172 failure + 3–6 points for speeding = potential ban

6 points for silence

Section 172 failure carries 6 penalty points — double the 3 points for a standard speeding offence. If you already have points, this could trigger a totting-up disqualification (12+ points = 6-month ban). Responding is almost always the better option.

The only defence: reasonable diligence

The sole statutory defence to a Section 172 charge is that you used 'reasonable diligence' to identify the driver but could not. This is an extremely high bar — the courts expect you to check records, ask family members, and make genuine efforts. Simply saying 'I don't know' without evidence of effort will fail.

The law

Road Traffic Act 1988, Section 172: registered keeper must provide driver information when required. Road Traffic Offenders Act 1988, Section 1: NIP must be served within 14 days. If the NIP was late, you may have a defence to the underlying offence — but not to the Section 172 charge if you simply ignored it.

Sources

  1. Road Traffic Act 1988, Section 172
  2. Road Traffic Offenders Act 1988, Section 1

Frequently Asked Questions

Can I just ignore a NIP and hope it goes away?
No. The police will escalate to prosecution. Failure to respond to Section 172 is a separate offence with 6 points — worse than most speeding penalties.
What if the NIP was late (after 14 days)?
If the NIP was served outside 14 days, the speeding prosecution may be invalid. But you should still respond to the Section 172 notice — ignoring it is a separate offence regardless of the NIP timing.
What if I wasn't driving?
You must still respond to the Section 172 notice and identify who was driving. If you genuinely cannot identify the driver, explain what steps you took to find out.

Related

  • pcn-served-late
  • inadequate-signage-traffic

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