Using a Motor Vehicle Without an MOT Certificate
For all vehicles registered for use on the road for 3 years or more there is a requirement to have passed an MOT test, which must be renewed annually. If you use or allow you vehicle to be used without a test certificate it is an offence.
The prosecution need to prove that the vehicle was used on the road. As long as they can prove this the burden falls on you to produce a valid test certificate.
Do I need an NIP (Notice of Intended Prosecution) for no MOT?
No, there is no requirement for an NIP for using a motor vehicle without an MOT certificate.
Punishment
Fine up to £1,000. If you did not have a certificate but then get one straight away this may go to reduce sentence, as the purpose behind the certificate is to show your vehicle is safe on the road.
Defences
These vary from showing that you were not aware that your vehicle was being used to challenging the police to prove the vehicle was being used. It is a defence to be taking the vehicle to or from an MOT test.