Notice of intended prosecution and offence
Q - A speed camera has flashed me. When will I know if I am going to be prosecuted?
A - A Notice of Intended Prosecution must be sent to the registered owner/keeper of a vehicle (as shown on DVLA records) with a view to it reaching them within 14 days. Please note we can only answer enquiries about an existing offence, we cannot look up or search for potential offences for a vehicle.
Q - If I do not receive the Notice of Intended Prosecution within 14 days is it still valid?
A - Yes, we do not have to prove it was delivered, only that it was posted/served to the registered keeper as at DVLA within 14 days. In certain circumstances these 14 days can be exceeded, where you are not the registered keeper at DVLA, for example if you have been nominated as a driver by a hire company. There is no time restriction on subsequent notices.
Q - What if I was not driving the vehicle?
A - Please compete the driver details on the reverse of the NIP. If you provide details of someone else but you were the driver, this may constitute the offence of perverting the course of justice, which may incur a prison sentence or substantial fine.
If you are the registered keeper, the onus is on you to be able to identify the driver at the time of an offence, failure to do so may result in the matter being referred for a court hearing for the offence of failure to furnish driver details.
Q - What if I do not believe it was my vehicle?
A - Please contact us so that we can check the details of your vehicle against the offending vehicle.
If you believe your vehicle registration may have been duplicated or cloned, please provide photographs of the front, sides and rear of your vehicle, as soon as possible. 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. Please note process will continue and if you do not supply the information requested, the matter may progress to Court for the offence of failure to furnish driver details.
Q - What if the person driving the vehicle has left the country?
A - In this instance you may be requested to provide proof that the person exists, was in the country at the time of the 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 fail to furnish driver details or Permitting No Insurance.
Q - What if I recently sold the vehicle?
A - Please complete the details of who you have sold the vehicle to on the reverse of the Notice of Intended Prosecution and return. If you have not informed the DVLA of the sale by completing the appropriate part of the V5 registration document, you remain responsible for the vehicle.
Q - If I get a Notice of Intended Prosecution and do not sign the paperwork, can I still be prosecuted?
A - Anyone who does not sign the paperwork will have it returned to them to complete. If you still refuse to sign, then you will receive a summons to court for failure to furnish driver details. This could result in a much higher penalty than would have originally been imposed.
Q - Am I incriminating myself if I sign the notice? Does it infringe my human rights?
A - No, the European Court of Human Rights has dismissed this argument.
Q - What if I ignore correspondence about an alleged offence?
A - If you fail to respond, a court summons will be issued. It is the duty of the Police to bring alleged offences to court.
Q – What can happen if I am caught by a camera?
A – Offences detected by safety camera are processed according to UK law. The registered keeper of the vehicle will receive a notice which legally requires them to identify the driver of the vehicle at the time of the office. They either admit being the driver or nominate another person who was the driver. Once the driver details have been established eligible drivers may be offered the chance of attending a driver retraining course as an alternative to prosecution. More serious or repeat offences may be dealt with by way of a conditional offer of fixed penalty (3 penalty points and £100 fine) or by a court. Any offender has the right to contest an alleged offence at court, but in the event of a guilty verdict, the penalty will likely be significantly higher than that of a conditional offer.
Q – Is the expansion of camera operations just a money-making exercise?
A – No, safety cameras are operated on a cost neutral basis. Under the national cost recovery scheme, a proportion of the fee paid by eligible drivers who attend a driver retraining course is returned to the Partnership which pays for the staff and running costs associated with the camera operation and offence processing. Any operating surplus is invested in additional road safety activities. Money received by HM Courts & Tribunal Service (HMCTS) in respect of fixed penalty fines and fines imposed by the courts are recovered in their entirety by HM Treasury and not the Partnership.
Q – I believe I have received a S172/NIP notice (Requirement to furnish driver details/Notice of Intended Prosecution) in error – I do not recognise the vehicle and was not at that location, can I just ignore the notice as I believe it must have been sent incorrectly?
A – A S172 Notice is a legal document, and failure to respond is an offence which can result in prosecution through the courts where the penalty is 6 points on your driving licence and a fine. Even if you believe the S172 Notice does not relate to yourself, you MUST reply, this fulfils your legal obligation and allows the Police to further their enquiries.
Q – I have received a S172 Notice but I was not the driver. Can I just hand the notice to the driver for them to complete it?
A – No, a S172 Notice is a legal document that MUST be completed by the person it is addressed to. You must not hand it to the driver, you must complete the relevant section of the notice nominating the driver and providing their details and return to the Police who will then send a further notice to that party. Failure to respond is an offence which can lead to prosecution through the courts where you could receive 6 penalty points on your driving licence and a fine
Q – I was sent a S172 Notice/NIP to my previous address. I recently moved and have updated my driving licence with DVLA, why was the notice not sent to my new address?
A – S172 Notices are sent to the address where an offending vehicle is registered with DVLA. If you move house, you are required to update both your driving licence, and your V5 vehicle registration document with your new address. Notices can also be sent to addresses where insurance is held, so please remember to also update your insurance company if you change address
Q - I have received a S172 Notice – can I submit details online?
A - Yes, you can now nominate another driver or admit to being the driver at the time of the offence online. Please visit the website www.westyorkshirepas.com to submit your driver nomination or admission.
For assistance in completing the NIP please click here.
Disclaimer
The information given on this website is compiled by West Yorkshire Safety Camera Partnership from a variety of sources and every effort is made to ensure it is accurate. However, no liability will be accepted by West Yorkshire Safety Camera Partnership or its agents if it isn't.