When a letter stating a Notice of Intended Prosecution (NIP) arrives at your door, it is understandable to feel stressed. Whether you have been caught speeding, using your mobile phone behind the wheel or committing another road-related offence, there is a strong determination to avoid penalty points and fines.
Unfortunately, scammers know that too.
In recent years, there has been a rise in online scams which encourage drivers to “cheat the system” through “loopholes” by naming someone else as the driver or purchasing fake insurance policies to avoid legal consequences. These scams often promise an easy way out of penalty points or insurance increases, but the reality is far more serious. The truth is, following this advice could leave you facing criminal charges, a criminal record and even imprisonment on top of charges for whatever the original accusation was.
This blog should provide some insight and awareness around NIP scams, as well as how to seek real support and help.
What is a Notice of Intended Prosecution (NIP)
A Notice of Intended Prosecution is a formal notice sent to the registered keeper of a vehicle when police intend to prosecute for certain road traffic offences.
The recipient will usually also receive a requirement under Section 172 of the Road Traffic Act 1988 to identify who was driving the vehicle at the time of the alleged offence.
This is a legal obligation, and not a suggestion.
Providing false information or deliberately naming the wrong driver is a criminal offence, regardless of whether the original motoring offence was considered serious or not.
“I’ll Just Put Someone Else Down”
One of the most common misconceptions is that naming another person as the driver is a harmless loophole.
It isn’t.
Some people believe they are simply helping a friend or family member, considering it an act of “loyalty” or “protection” of a loved one. Others are persuaded by online “experts” claiming the police will never find out if there is poor photo evidence showing who the driver was.
Police will investigate every NIP through various methods to further clarify who the driver was at the time of the offence. This can be done through:
- Mobile phone data
- Number plate recognition records
- CCTV and dashcam footage
- Witness statements
- Social media activity
- Previous driving history
- Insurance records
- DVLA records
If the investigation discovers that false information has been provided, the consequences can be much more severe than the original offence.
Perverting the Course of Justice
Naming the wrong driver or providing false information regarding an accused offence can amount to the common law offence of Perverting the Course of Justice.This is a serious criminal offence.
Courts have the power to impose immediate custodial sentences, even where the original offence was minor.
Several high-profile cases have seen that people received prison sentences simply for attempting to avoid speeding penalties by falsely identifying another driver. What may seem like a clever short cut to avoid points or a possible driving ban can quickly become a life changing loss of liberty.
“I Was Scammed” Is Not A Defence
Another issue is the rise of people and websites which offer to “deal with” motoring offences on behalf of motorists.
The scammers may promise that they can make points on a licence disappear, challenge speeding tickets with no evidence or submit important documents which guarantee avoiding prosecution. Some may even encourage motorists to provide false driver details.
If you follow this advice, later claiming that you were misled or scammed may not protect you from criminal liability. Ultimately, you are responsible for ensuring the information you provide to the police is truthful and accurate. Ensuring that legal support services of any kind are regulated and accredited is a priority.
Fake Car Insurance Scams
Another trap motorists are falling into is the fake car insurance scam. Fraudsters are advertising policies on social media with prices which are concerningly cheap to be considered genuine. Yet, to some, they are believable enough in times of stress.
They may provide convincing looking insurance certificates and policy documents which appear genuine.
However, these policies are often completely invalid.
Many drivers only discover that they have no insurance after being stopped by police.
The possible consequences can include:
- 6 to 8 penalty points
- Unlimited fine
- Increased insurance premiums
- Vehicle seizure
Driving without insurance is known as a strict liability offence meaning there is no need to prove intention by the prosecution. You were either insured or you weren’t. Believing you were insured but being a victim of fraud may be relevant in some cases, but it does not provide a legal defence to driving with no insurance.
How to Protect Yourself
If you are facing a motoring allegation, there are some simple steps that you can take to avoid making matters worse:
- Always complete a NIP honestly and accurately
- Never agree to name someone else as the driver unless they genuinely were driving
- Be wary of social media adverts or websites promising guaranteed ways to avoid penalty points.
- If an insurance quote seems dramatically cheaper than everywhere else, treat it with caution.
- Seek advice from an accredited motoring law firm before acting if you are unsure about your legal position.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
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