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Contents

The Offence

Notice of Intended Prosecution (NIP)

Conditional Offer of Fixed Penalty

Educational Courses

Penalty Points and Perverting The Course Of Justice

 

 

The Offence

How do I know the speed is correct?

All devices used to detect offences are Home Office Type Approved for enforcement use as required by Section 20 of the Road Traffic Offenders Act 1988. All devices are calibrated and checked as required by Type Approval and manufacturer's instructions to ensure accuracy.

I want more evidence than is provided on this website

All the evidence we provide at this stage is available on this website. There is no entitlement to any additional evidence until the matter has been referred for Court Proceedings. The Camera and Tickets Office will not adjudicate over disputed facts and any requests for further documentation/evidence prior to a Court Hearing will be declined.

The photos only show the rear of the vehicle, do you have a picture of the driver?

The identification of the driver is the responsibility of the person to whom the Notice has been addressed. The purpose of the photographic evidence is not to identify the driver but to place the vehicle at the location on the time and date specified on the Notice of Intended Prosecution. It is not possible to supply alternative aspect images nor to make adjustments to their clarity or exposure in order to identify the driver.

There was no signage in the area to indicate I was in a 30mph limit

Roads with a system of regular street lighting have a speed limit of 30mph unless signed otherwise. Please refer to the Highway Code for further guidance.

I've got mitigating circumstances I want considered

Communications (e.g. letters, emails or telephone calls) in relation to the following issues WILL NOT be accepted as reasons for speeding/contravening a red light/ red x.

This is not a comprehensive list. The Fixed Penalty system is designed as a fast track system where the offender does not dispute that an offence has taken place and we will therefore NOT enter into correspondence that raises issues that would be more appropriately dealt with in Court.

Notice of Intended Prosecution (NIP)

Why have I received a Notice for a camera detected offence?

The Notice is in line with a Government Strategy to make roads safer for all road users. Exceeding the speed limit or contravening a red light/red x is an offence for which a fine and points are mandatory. Excessive speed is a contributory factor in many fatal and serious collisions therefore safety cameras are in place to reduce the number of persons killed or seriously injured on our roads.

Who should fill in my Notice of Intended Prosecution?

The Notice of Intended Prosecution must be completed by the person named on the document.

THE NOTICE OF INTENDED PROSECUTION SHOULD NOT BE PASSED TO THE DRIVER TO COMPLETE.

In the case of a company, the Notice should be completed by the company secretary or director, nominating the driver. 

The only exception to this is when the vehicle is a Motability vehicle if this is the case please contact us.

I want to nominate someone else as the driver

Complete Part 2 of the form, providing their full name and address and return to the address at the top of the page

I want to admit my offence

Complete Part 1 of the form, remembering to include your driver’s licence number and return to the address at the top of the page.

I want to admit my offence and change my address

Please complete Part 1 of the form, tick the box saying your details are incorrect. The enter your changed/new address in Part 2

I don't know who was driving my vehicle or I don't have the full name and address of the person.

Under Section 172 of the Road Traffic Act 1988, it is your responsibility as the registered keeper, hirer or nominee to nominate the driver of the vehicle, including their full name and address details. Please note that failure to provide the full details of the driver is an offence and the matter may proceed to Court. If you are convicted the penalty can be a fine of up to £1000 plus costs, 6 penalty point driving licence endorsement and/or disqualification from driving.

I received the Notice after 14 days of the offence, does this invalidate it?

The initial Notice of Intended Prosecution must be posted to reach the Registered Keeper of the vehicle according to Driver and Vehicle Licensing Agency (DVLA) records, by ordinary post within 14 days of the alleged offence. The registered owner/keeper has the responsibility to ensure all details held by DVLA are correct.

Postal Delay does not necessarily invalidate service of the notice.

Nominated drivers, hirers or new keepers of the vehicle, or where police enquiries find new information following this initial notice, do not qualify in the 14 day ruling.

I don't believe my vehicle was at the location/time/date stated?

Please email us with your concerns to cto@herts.police.uk

If you believe your vehicle has been cloned please email us photos of the front, back, and both sides of your vehicle.

I've received a Notice but I sold the vehicle before the date of the offence

You must respond to the Notice stating who you sold the vehicle to and providing a copy of the sales invoice/receipt. It is not acceptable to inform us you sold the vehicle with no / incomplete new owner details.

The seller of the vehicle is legally required by the Driver and Vehicle Licensing Agency (DVLA) to complete the V5 (log book) with the new owners and previous keepers details. If you have not yet updated the DVLA or the DVLA do not appear to have updated their records, you should write to them at Vehicle Customer Services, DVLA, Swansea, SA99 1AR.

What happens if I ignore this Notice?

If you fail to respond to the Notice, the matter will be referred to Court for failure to provide the required information as well as for the original offence. If you are convicted the penalty can be a fine of up to £1000 plus costs, 6 penalty point driving licence endorsement and/or disqualification from driving.

Do I need to send my licence or payment with the Notice of Intended Prosecution?

DO NOT send any payment or your Driver and Vehicle Licensing Agency (DVLA) issued UK driving licence with this Notice. If you hold a NON-UK LICENCE send a COPY of your licence with the Notice.

I've lost my licence so can't provide a licence number

Without the correct licence number we are unable to, potentially, offer the option of an educational course. If you hold a UK licence you may be able to request your licence number by phoning the Driver and Vehicle Licensing Agency (DVLA) on 0300 790 6801. You can also apply for a replacement licence on this number.

I was the driver but my driving licence is in my previous name

We are unable to process a response to the Notice if the name on the Notice does not match the name given on the driving licence.

You need to contact the Driver and Vehicle Licensing Agency (DVLA) to apply for a licence in your new name. Please note the Notice still has to be responded to within the 28 day timescale as stated on the form.

I was the driver but the Notice is in my previous name and my licence is in my current name

Please complete part 1 of the Notice and note your current details in Part 2. We also require evidence of the change of name so please also forward a COPY of your marriage certificate/deed poll, or other document which confirms the change in name, with your Notice.

What happens after I have confirmed I was the driver?

Once the driver has admitted the offence a document offering the options available to them will be issued. This may include the option of accepting the Conditional Offer of Fixed Penalty or attending an educational course (this is subject to strict criteria). You can also request to contest the matter or have mitigating circumstances considered in Court or you may be referred directly to Court in certain circumstances, for example in high speed offences.

How will I know if I'm eligible to receive a course offer for my offence?

If you are eligible for an educational course, the offer will be automatically issued as long as the STRICT criteria below are met:

The driver of the vehicle must be identified and have returned the completed Notice, confirming that they were the driver, in sufficient time to enable a course to be completed within 4 months of the date of the offence. Due to legal timescales, no offers of a course will be issued after 3 ½ months.

A driving licence number must be provided on the Notice.

You must not have completed a similar course within the last 3 years or have a similar course offer for a separate offence which you are yet to book or attend.

There were no further offences committed at the time of the alleged offence.

For speed offences, in accordance with the national guidelines, the recorded speed must be within the speeds for each limit as shown in the table:

SPEED LIMIT

SPEED TO BE ELIGIBLE FOR A COURSE

20 mph

Up to 31 mph

30 mph

Up to 42 mph

40 mph

Up to 53 mph

50 mph

Up to 64 mph

60 mph

Up to 75 mph

70 mph

Up to 86 mph

I've sent my Notice back but received a reminder

These letters may have crossed in the post. However we would advise you to also complete the reminder and return this to the Camera and Tickets Office, as the first document may not have been delivered. We would recommend you send your completed document by recorded delivery.

I've received a reminder but not the original Notice

The original Notice of Intended Prosecution would have been sent first class post via Royal Mail and assumed to have been delivered within 2 days of posting. Failure of delivery by Royal Mail does not necessarily invalidate service of the Notice. We would advise that you complete the reminder and return this to the Camera and Tickets Office within the specified time frame.

I have received a Notice for more than one offence, what happens now?

You must respond to each Notice confirming the driver at the time of the alleged offence. We are unable to consider requests for multiple offences to be dealt with as a single or as a fewer number of offences. Each offence is a separate issue and therefore must be dealt with as such.

You may wish to request these matters be heard by the Court who can consider the outcomes of multiple offences on the basis of the evidence put before them.

Alternatively, you may be eligible for a course or fixed penalty on these offences.

Please note only one course can be completed within a 3 year period and if you are eligible for the course the offer will be automatically issued.

For fixed penalties please note we can only endorse a license to a maximum of 11 penalty points. If your offences will take you over this amount this matter may be considered for court .

Details of any alternatives to Court available and how to accept these will be issued on receipt of the completed Notices.

Conditional Offer of Fixed Penalty

What is the Conditional Offer of Fixed Penalty?

The Conditional Offer of Fixed Penalty lets you settle the matter without having to go to Court and consists of a fixed payment of £100 and a 3 penalty point endorsement on a driving licence.

Can I accept the fine but not the points?

No, the Fixed Penalty consists of a fixed payment of £100 and a 3 penalty point endorsement on a driving licence. It is set by the Government and is not negotiable.

How long are the points valid for?

Penalty points are valid for 3 years from the offence date but will remain on your driving licence record for 4 years.

Can I pay a higher fine and not have the points?

No, the Fixed Penalty consists of a fixed payment of £100 and a 3 penalty point endorsement on a driving licence. It is set by the Government and is not negotiable.

How can I pay the fine?

Once a Conditional Offer of Fixed Penalty has been issued, the easiest method is to pay online or via the national payment line. Payment can also be made via cheque or postal orders made payable to HMCTS (Her Majesty's Courts and Tribunal Service). There is no need to send your physical licence to the Fixed Penalty Office in order to comply with the terms of this conditional offer. However, you will have to supply certain driving licence details within the time limits provided within your fixed penalty notice in order to comply with these terms.

What if I pay the fine online/over the phone but don't send in my licence?

The legislation states that for the Conditional Offer to be complied with a UK licence, or a copy of a non-UK licence, you will have to supply certain driving licence details within the time limits provided within your fixed penalty notice

Where the fine is paid but the licence is not received, the matter will be referred for Court Proceedings. Once this occurs, the option to accept the Fixed Penalty is no longer available, the fine will be refunded and the only option is to then respond to the summons.

Can I pay for the fine in instalments?

No. The Fixed Penalty Office is unable to accept payment in instalments and the £100 must be paid in a single transaction.

If you are unable to pay the fine in full within the required timescale you may wish to have the matter heard in Court. There the Magistrates can take your circumstances into consideration and they may allow payment of the fine in instalments, however Court costs may also be applied which could be greater than the original fine.

I do not hold a UK licence; can I accept the Fixed Penalty?

If you hold a non-UK driving licence you are able to accept the Conditional Offer of Fixed Penalty. DO NOT send in the original non-UK licence, a COPY of the licence will be accepted. You should follow the instructions on the Conditional Offer of Fixed Penalty.

If you hold an International Driving Permit, please see "I hold an International Driving Permit, can I accept the Fixed Penalty?"

I hold an International Driving Permit; can I accept the Fixed Penalty?

As a holder of an International Driving Permit you should also hold a non-UK driving licence. In order to comply with a Fixed Penalty Offer you will have to submit a copy of that non-UK driving licence and a copy of the permit.

If you only have the permit then the matter may have to be dealt with by way of a Court Hearing.

If you would like to apply for a Driver and Vehicle Licensing Agency (DVLA) issued UK Driving Licence please contact the DVLA on 0300 790 6801.

You still need to comply with the Conditional Offer of Fixed Penalty within the 28 day timescale as stated on the form.

I have 9 points on my licence/My licence has been revoked/My licence has been taken away by being disqualified

This offence cannot be dealt with by Fixed Penalty. Please complete Part 1 of the form and write to the Camera and Tickets Office confirming the above. The matter will be prepared for Court and a summons issued in due course.

I can't find my driving licence/I have lost the photocard

The legislation states that for the Fixed Penalty to be accepted you must send your photocard licence or old style Driver and Vehicle Licensing Agency (DVLA) licence. If you do not have your licence you should apply to the DVLA immediately for a replacement so that you are able to reply within the 28 day time frame to accept the Fixed Penalty. You can obtain the forms from the post office, DVLA website or by phoning the DVLA on 0300 790 6801.

I need to update the address on my licence, when should I do this?

It is a legal requirement for your driving licence to show your current address. You should deal with the Fixed Penalty first, as your licence may not be returned from Driver and Vehicle Licensing Agency (DVLA) in time for you to accept the offer. When your driving licence is returned from the Fixed Penalty Office, to the address on your Conditional Offer, you should send it to DVLA to have the details changed.

What do I do if my photocard is out of date?

There is an expiry date on your photocard which requires you to apply for a renewed licence on or before that date. You should not be driving on an expired photocard licence. You should deal with the Fixed Penalty first, as your licence may not be returned from Driver and Vehicle Licensing Agency (DVLA) in time for you to accept the offer. When your driving licence is returned from the Fixed Penalty Office to the address on your Conditional Offer, you should send it to DVLA to be renewed.

Educational Courses

What do the educational courses involve?

The courses are in-class workshops, discussions and presentation sessions given by professional, specially trained driving instructors. They have been designed to be participative, informative and structured in a friendly non-confrontational manner and to conform to the National Model.

Can anyone attend an educational course?

If you are eligible to attend an educational course the offer will be made automatically. You also need to hold a valid driving licence which allows you to drive in the UK; this includes international driving licence holders who have been living in the UK for less than a year, or an EU licence. Drivers with International Driving Permits are not eligible for the courses.

How will I know if I'm eligible to receive an educational course offer for my offence?

If you are eligible for an educational course, the offer will be automatically issued as long as the STRICT criteria below are met:

The driver of the vehicle must be identified and have returned the completed Notice, confirming that they were the driver, in sufficient time to enable a course to be completed within 3 ½ months of the date of the offence. Due to legal timescales, no offers of a course will be issued after this time.

A driving licence number must be provided on the Notice.

You must not have completed a similar course within the last 3 years or have a similar course offer for a separate offence which you are yet to book or attend.

There were no further offences committed at the time of the alleged offence.

For Speed offences, in accordance with the national guidelines, the recorded speed must be within the speeds for each limit as shown in the table:

SPEED LIMIT

SPEED TO BE ELIGIBLE FOR A COURSE

20 mph

Up to 31 mph

30 mph

Up to 42 mph

40 mph

Up to 53 mph

50 mph

Up to 64 mph

60 mph

Up to 75 mph

70 mph

Up to 86 mph

Where are educational courses held?

Courses are held across the country. For further information about courses offered visit ndors.org.uk

Penalty Points and Perverting The Course Of Justice

If your vehicle is caught on a safety camera breaking the speed limit or going through a red light then you will receive a Notice of Intended Prosecution in the post. You must complete the form, stating who was driving at the time of the alleged offence. Whoever was driving whether it was you, a partner, friend or other named driver you must reply truthfully.

If you were the driver, you must not ask someone else to take the blame for you. Nor should you take responsibility if someone else was driving. Any attempt by the registered keeper to deceive the police or knowingly provide false information would likely be considered for the offence of perverting the course of justice. Perverting the course of justice is a serious criminal offence which attracts much harsher penalties than the initial road traffic offence

What does ‘perverting the course of justice’ mean?

Perverting the course of justice is a criminal offence. According to the legal definition, it is “the act of doing something which interferes with the justice system, such as fabricating or disposing of evidence, intimidating or threatening a witness or juror, intimidating or threatening a judge”. Essentially, it is an action that could prevent the guilty driver from being convicted of the original offence.

In the context of a motoring offence, perverting the course of justice might involve:

What is the penalty for perverting the course of justice?

Although perverting the course of justice carries a maximum sentence of life imprisonment, this level of punishment would be extremely unlikely in a driving offence case. If you are found guilty of lying about your penalty points, you would likely face a jail sentence of between three and 18 months. Occasionally, the court may decide only to impose a fine.

The courts take the offence very seriously and will hand out prison sentences should someone fabricate a story in order to avoid a driving conviction or ban.

The cases of Fiona Onasanya and Chris Huhne

This is what happened in the high-profile case of former MP Fiona Onasanya. Ms Onasanya was the sitting MP for Peterborough when she denied being the driver of a speeding vehicle. After a trial at the Old Bailey Ms Onasanya was sentenced to three months in prison. Her brother, who was also charged, received a ten month sentence

Former MEP Chris Huhne was caught speeding on the M11 and asked his wife to accept the penalty points. Mr Huhne already had nine points on his driving licence, so a further three would have meant an automatic driving ban.

Several years later after the end of their marriage, Ms Pryce revealed the deception. Both parties were charged on account of perverting the course of justice and each received an eight-month prison sentence.

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