Why have I received a Notice of Intended Prosecution (NIP)?
You may be either the registered owner/keeper, nominated owner/keeper/driver/hirer or a person our investigations have identified as someone who may have information that may lead to the identification of the driver of the vehicle detected exceeding the legal speed limit.
Can I take a Driver Retraining Course instead of a fine or penalty points?
Possibly, yes.
Speed Awareness Courses (SAC) are available to drivers exceeding the speed limit up to 42 in a 30mph limit, up to 53 in a 40mph limit, up to 64 in a 50mph limit, up to 75 in a 60mph limit, and up to 86 in a 70mph limit who have neither already attended nor are currently waiting to attend a National course for a previous offence within the last 3 years. The course must be completed within 5 months of offence.
What's Driving Us Courses (WDU) are available to drivers for certain endorsable offences such as not in proper control or contravening a traffic light who have neither already attended nor are currently waiting to attend a National course for a previous offence within the last 3 years. The course must be completed within 5 months of offence.
I did not receive the NIP within 14 days
We are required to post the initial NIP in sufficient time that ordinarily it would be expected for the Registered Keeper to receive it within 14 days of the alleged offence. We do not have to prove it was delivered, merely that it was posted. There is no time restriction on subsequent notices. In certain circumstances this 14 days can be exceeded, for example if you fail to register the vehicle promptly and enquiries need to be made. Proof of posting will ONLY be provided in the event of a court hearing.
What happens next?
The purpose of the NIP is to identify who was driving the vehicle at the time of an alleged offence.
If you are providing details of another person/company, a Notice will be issued in their own name. If you become aware that your nominee has not received a Notice please contact this office immediately. Should they subsequently dispute your nomination you may be requested to provide further detail to support your nomination.
If you cannot provide the required information you should still respond to the NIP providing any information, which it is in your power to give in order that we can carry out further investigations. Any supporting evidence and/or actions you have taken to identify the driver would also assist our enquiries.
If you were the driver, and circumstances permit, this matter may be dealt with by way of a Speed Awareness Course (SAC) or Conditional Offer of Fixed Penalty (COoFP) as an alternative to a court hearing.
WE DO NOT REQUIRE PAYMENT OR DRIVING LICENCE AT THIS STAGE.
The COoFP provides the driver with the opportunity to settle the matter without having to go to court. This may be by way of attending a Driver Retraining Course or by way of a Fixed Penalty by accepting a £100 fine and having their driving licence record endorsed with 3 penalty points.
You do not have to accept the COoFP and can request for the matter to be dealt with by way of a Magistrates court hearing.
If you have more than 8 points on your licence at the date of the alleged offence (received in the last 3 years) or if you were detected at a very high speed, then you will not be able to accept a COoFP. in these cases the matter can only be dealt with by the courts.
Due to the legal time restraints, we reserve the right not to issue a COoFP (which includes a SAC offer) later than 4 months after the date of the offence but to instead refer the case directly to court. Therefore it is important for you to deal with matters expediously to allow the driver maximum time available to consider all options available to them.
Access on behalf of a company
If you are accessing the Public Access System on behalf of a company, please enter your own details and date of birth to view the photographs.
Are my human rights infringed if I sign and/or respond to this notice?
The form provided with the Notice of Intended Prosecution is a self serving statement as such it must be signed by the person providing the information, either in the format provided or similar written format. An unsigned admission or nomination is deemed to be a failure to provide the information, and will be treated as such.
Cases brought before the European Court of Human Rights have concluded that the information provided does not infringe Human Rights legislation (incrimination of self or others).
Also, a caution is not required under the Police and Criminal Evidence Act 1984 prior to returning the information requested.
What happens if I ignore the NIP form or I am unable to identify the driver?
Failure to supply the details of the driver may render you liable for prosecution under Section 172 of the Road Traffic Act 1988. This carries a maximum fine of £1,000 and six penalty points, which through totting up could also result in disqualification. The Courts will require you to demonstrate reasonable diligence as to why you could not identify the driver. If required we can provide images of the alleged offence by email, which may or may not assist you to recall the incident or identify the driver. Printed images sent via post will not be as clear as those sent by email.
What if the driver is not longer in the country?
In this instance you may be requested to provide proof that the person exists, was in the country at the time of the alleged offence and that the driver has returned abroad or has gone abroad for an indefinite period.
You may also be requested to prove that the person was insured to drive the vehicle at the time of the offence.
If you are unable to provide this information you may still be prosecuted for failure to supply the details of the driver or Permitting No Insurance.
I don't believe that this was my vehicle. What should I do?
Please contact us so that we can check the details of your vehicle against the offending vehicle. If there is a discrepancy, appropriate action will be taken and you will be advised accordingly. If there is no discrepancy then you may be required to provide written proof confirming the whereabouts of your vehicle on the date in question.
I sold this vehicle prior to the offence. What do I need to do?
If you have informed the DVLA of the change of ownership before the alleged offence no further action will be taken against you.
It would however assist our enquiries if you could complete the form with details of when and to whom you sold the vehicle, sign and return it to this office. If you have not already informed the DVLA and the date/time of change of ownership is disputed you may be required to provide proof accordingly.
If my speeding offence valid?
For a speeding conviction to be valid, there are only two requirements: appropriate speed limit notification (through speed limit signs or presence of street lights) and evidence that the speed limit was broken.
Can I see a photograph of the alleged offence?
We do not have the facilities for video/film evidence to be viewed by the public, however, still images captured from the video/digital evidence are available on this website. If the matter results in court proceedings the defendant or legal representative may make representations to the Crown Prosecution Service for the release of the relevant video/digital evidence under the Criminal Procedure and Investigations Act 1996. Please note that there is NO VIDEO for activations on an Average Speed System, just zone entry and zone exit images.
Are your cameras accurate and can I see a calibration certificate?
All speed detection equipment is type-approved by the Home Office and calibrated annually in accordance with the manufacturers' guidelines. Each device also has a built-in self-diagnostic check to ensure that the calibration is correct every time it is used. You will find copies of the calibration certificates of all cameras currently in use by the Safer Roads enforcement team on this website.
What information can I request under the Freedom of Information Act relating to this offence?
We will respond to all requests for information in accordance with the Freedom of Information Act (FOIA). Before making a request for information under the Act, please be aware that any information released under the FOIA will be considered published in the public domain without caveat, and that exemptions will apply to certains type of information. In general, this means that requests for information about an individual speeding offence will be refused under FOIA on the grounds that the information relates to an individual, although we may provide it under out normal course of business. Also, no prosecution evidence will be released under the FOIA, but may be obtained from the Crown Prosecution Service once a summons has been issued.
I was the driver, but wish to challenge the alleged offence or plead mitigating circumstances. What can I do?
The Safer Roads team will only consider mitigation in very exceptional circumstances on public interest grounds or where it can shown that an error has occurred in the process. Beyond this to challenge the offence or to provide mitigation the case will have to be referred to the Magistrates Court. If you choose to do this, a court summons will be issued which will allow you the opportunity to provide in writing any mitigating circumstances that you wish the Magistrates to consider. The Magistrates are impartial and have the power to dismiss the alleged offence and award costs. However, they also have the power to increase the penalty, which can be up to £1,000, 3-6 penalty points, Victim Support Levy, Criminal Court charge and possible disqualification.
Please be aware that any correspondence in relation to the offence will have no bearing on the time limits for you to return the completed Notice of Intended Prosecution or to accept the COoFP.
I do not think the offence is valid because:
- I didn't see a camera or any signs
There is no legal requirement to inform motorists that a speed camera is ahead, make them highly visible or locate them at sites with a history of servious crashes.
- I did not see the speed limit
Streetlights mean 30mph (unless signs indicate otherwise). If there are no streetlights and no repeater signs then it is likely the road is subject to the national speed limit. In all other circumstances repeater signs should be present.
- I think the police vehicle was parked illegally
For the purpose of law enforcement police vehicle may park legally in any location providing they do not cause a hazard or obstruction.
- I don't think the camera was justified at that location as it is not a casualty trouble spot.
All of the Safer Roads team enforcement that now takes place is 'intelligence-led', and we enforce the speed limit wherever it is determined that there is, or may be, a speeding problem.
- There is a mistake on the Notice
The Notice of Intended Prosecution must specify the nature of the alleged offence and the time and place where it is alleged to have been committed. Errors in date, time, vehicle registration or speed, where are caused through clerical error, will not automatically render the Notice invalid. Any errors should be brought to our attention immediately.
Information about speed limits
Remember - the speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Speed limits are there for a reason, and are not open to individual interpretation.
As well as the posted speed limits, certain classes of vehicle are subject to their own speed limits and the lesser speed limit must be adhered to. For example, on a dual carriageway road where a saloon car may be driven up to 70mph, a Transit van (being a goods vehicle and not a car-derived van) is restricted by its class to 60mph.
Streetlights mean 30mph (unless signs indicate otherwise).
If you are unsure of the speed on a road where there are streetlights, assume that the speed limit is 30mph, otherwise there will be repeater signs at regular intervals. The law does not allow the highway authorities to place repeater signs in a 30mph area where there is a system of streetlights (lit or unlit).
Dual carriageways in built-up areas may have a reduced speed limit of 60, 50, 40 or eve 30mph to ensure the safety of all road users.
Why is there so much attention on detecting speeding offences - it's all about the money isn't it?
More than 3,000 people are killed on Britain's roads every year. Excessive speed not only increases the risk of collision, but in the case of a collision, increases the severity of injuries sustained. By enforcing speed limits, we aim to make our roads safer for all road users.
Tackling speeding through enforcement is just one element of our Force's overall casualty reduction strategy that also encompasses education.
The picture is not clear in terms of showing my registration?
On the right hand
side of the page containing the photographs is a document link to a PDF file which is in a
much higher resolution and will allow you to zoom on the images.
This is for motorway offences only!
Can I rely on my sat nav or vehicle systems to tell me the correct speed limit?
Sat navs and modern vehicle systems, including Intelligent Speed Assistance (ISA) and Speed Limit Information (SLI), can be helpful tools—but they are not always 100% accurate and should never replace your own awareness of road signs and conditions.
Speed Limits / Sat Navs / Vehicle Speed Limit Assistance Systems
- Sat navs often display speed limits based on map data, which may not reflect temporary changes, roadworks, or newly updated limits.
- Always prioritise road signs over sat nav information.
- Many newer vehicles are equipped with ISA systems, which use GPS data and onboard cameras to detect speed limits and warn drivers if they exceed them.
While technology can assist, you are legally responsible for knowing and adhering to the correct speed limit at all times. Always stay alert and watch for road signs, especially in areas with variable or temporary limits.