I've Received a Notice - Frequently Asked Questions

This page provides some additional information, and has been split in to sections to help address common queries:

How was I detected?

How to complete the Notice of Intended Prosecution

How to contact the Camera Processing Unit

How to contact the Fixed Penalty Office

Entitlement to evidence

Driving licence enquiries

Driver education workshop enquiries

Legal obligations regarding Notices of Intended Prosecution

Legal requirements regarding cameras

How was I detected?

An offence would have been detected one of two ways, either by auto detection or manual detection.

Auto detection (speed or redlight)

Offences are detected automatically by a fixed roadside speed or redlight camera. Safecam generally uses two types of fixed cameras: Gatso cameras, which use wet-film loaded in to the camera housing and then unloaded to be taken for processing; and RedSpeed cameras, which are digital and send images of offences via a broadband or satellite link. From time to time we also operate fixed speed enforcement at motorway roadworks. The present system used for this purpose is the SPECS average speed device. Offences are recorded digitally and stored on a hard disk that is removed from site and taken for processing.

Manual detection (speed only)

Offences are detected by a mobile camera device, which is set up by the roadside and operated by a Camera Enforcement Officer from inside a specialised vehicle. Safecam uses the LTI 20.20 Ultralyte 1000 camera device. This is used in conjunction with the LASTEC Concept DVD System.

Visit our camera equipment page for further information about the above equipment.

How to complete the Notice of Intended Prosecution

IF NO REPLY IS RECEIVED FROM THE ADDRESSEE WITHIN THE STATED 28 DAY PERIOD, THE CASE WILL BE PROCESSED FOR A PROSECUTION OF FAILIURE TO SUPPLY DRIVER'S DETAILS – NO REMINDER WILL BE ISSUED

I was the driver during the alleged offence and want to accept liability

There are a number of options offered depending on severity of the offence.

• Court Summons
• If the alleged offence exceeds the thresholds for the offer of a Conditional Offer of a Fixed Penalty or a Driver Education Workshop, you can only settle the matter by way of a Court Hearing. You must complete the Reply to Notice Form on page 2 and mark box 1.
• Conditional Offer of a Fixed Penalty
• If the alleged offence is eligible for the Conditional Offer of a Fixed Penalty this will be detailed on page 1 of your Notice and will include a page 3 Payment of Fixed Penalty Form. To accept this offer you must complete the form on page 3 (you do not need to complete the ‘reply to notice form' on page 2 in addition.) Please ensure you meet the requirements of the offer by reading the conditions laid out on page 3.
• Conditional Offer of a Fixed Penalty OR Driver Education Workshop
• If the alleged offence is eligible for the Conditional Offer of a Fixed Penalty OR Driver Education Workshop this will be detailed on page 1 your Notice and will include a page 3 Payment of Fixed Penalty Form and a page 4 Safety Awareness Applicant Form. To accept either of these offers you must complete the form on the respective page (you do not need to complete the ‘reply to notice form' on page 2 in addition.) Please ensure you meet the requirements of the offer by reading the conditions laid out on the relevant page.

I was the driver during the alleged offence but I am not eligible to apply for the Conditional Offer of a Fixed Penalty

If you are unable to apply for the Conditional Offer of a Fixed Penalty (either because you have a driving licence issued by the DVLA which has more than 8 current penalty points, or you are unable to pay the £60 in full) you must complete the Reply to Notice Form on page 2 marking box 1.

I was the driver during the alleged offence but I want to contest the offence or present mitigating circumstances

You must complete the Reply to Notice Form on page 2 marking box 1. Please note that contesting the offence, or providing mitigation, can only by considered by the Magistrates Courts therefore this option will result in a Court Hearing and you will receive Court Summons in due course.

I was not the driver during the alleged offence

You must provide details of the person or company that was, to the best of your knowledge, in possession of the vehicle at the time of the alleged offence. To do this fill in the Reply to Notice Form on page 2 marking box 2 and providing details of the nominated keeper/driver. A further Notice will then be issued to this company/person.

I am not sure who was driving during the alleged offence

It is the legal responsibility of the vehicle's keeper to nominate who was driving it at the time of the alleged offence. Photographic/video evidence is used to identify the vehicle involved by recording the vehicle registration mark and is unlikely to help identify the driver. Copies are therefore not normally provided, but if you are having difficulty establishing who was driving you may contact the Camera Processing Unit who will check if the photographic/video evidence can be of assistance. If the evidence does not assist you must still complete the Notice.

I dispute it was my vehicle that committed the alleged offence

You must complete the Reply to Notice Form on page 2 marking box 3. You must also include photographs of the front and rear of the vehicle and close ups of the front and rear number plates for comparison purposes, together with proof of the vehilces whereabouts at the time and date indicated.

Entitlement to evidence

Before the Fixed Penalty system came into being, when a driver was stopped for speeding they were issued with a Summons and automatically prosecuted with varying fines and points as a penalty upon conviction.

The Fixed Penalty system was introduced to offer drivers the opportunity of accepting a nominal standardised set fine and points to avoid going to court. If you believe you have mitigating circumstances, or you do not agree with the allegation and wish to prepare a defence against it, this can only be resolved by the Magistrates Courts.

There is no entitlement to advance disclosure of evidence under Magistrates' Court (Advance Information) Rules 1985. This means that you are not entitled to evidence in order to decide whether or not to accept the Conditional Offer of a Fixed Penalty. Full evidence will only be disclosed through the court process.

Training certificates for the Camera Enforcement Operators, and annual calibration certificates for Gatso and LTI camera devices, are available to download from our website on the documents to download page.

What about the Freedom of Information Act 2000? Does this mean I am entitled to evidence/information concerning my prosecution?

The Freedom of Information Act 2000 requires all public bodies to provide a general right of access to the information they hold. However, this does not mean that all information held by public bodies must be made available, and there is much information which is operationally sensitive and would not be in the public interest to disclose.

Safecam has an extremely open approach to providing information concerning its operations, however the majority of information held in relation to an alleged offence remains disclosable under the Criminal Procedure and Investigations Act (CPIA), which supersedes the Freedom of Information Act (FOIA). This is why requests made under the FOIA for information concerning a prosecution may be refused due to the exemption under Section 30: Investigations and Proceedings Conducted by Public Authorities.

For further information please visit the Freedom of Information page.

Driving licence enquiries

I have lost part/all of my licence can I still accept the fixed penalty?

No. To accept the fixed penalty you must have a driving licence issued by the DVLA at Swansea (both parts if it is a card and counterpart licence.)

You will need to urgently apply for a full replacement licence. You can do this by completing a D1 form available from the Post Office or by applying online via the DVLA website www.dvla.gov.uk. Please contact the Camera Processing Unit if a new licence cannot be obtained within the 28-day time limit. Failure to do so may result in a Court Hearing.

My licence is in my maiden name and/or has my previous address on it. Can I still use it to accept the fixed penalty?

Yes, a licence will be accepted if it is either in a person's maiden name or with a previous address on it. However the licence must be accompanied by a letter, and motorists are warned that the Fixed Penalty Office will not be held responsible if a licence is returned to the wrong address.

I already have 9 points on my licence can I still accept the fixed penalty?

No. In these circumstances you should complete the 'Reply to Notice Form' and request a Court hearing.

I have had my licence for less than 2 years and I already have 3 penalty points, can I still accept the fixed penalty?

Yes. The Fixed Penalty office will accept the payment and endorse the licence so a total of 6 points is showing. The motorist will then be classed as a "New Driver" and the licence will be sent directly to the DVLA at Swansea and not returned to the motorist.

How long are the points on my licence valid for?

Penalty points are valid for 3 years, but must stay on the licence for 4 years. Points are valid from the date of the offence.

How can I have the penalty points removed from my licence?

To have points removed from your licence you need to obtain a D1 form "Application for a driving licence" from the post office. You will need to complete section 3 "Exchange" which relates to the removal of expired points. The current cost is £19 (as at January 2007.)

I only have a provisional licence can I still accept the fixed penalty?

Yes.

I do not have a licence issued by the DVLA, can I still accept the fixed penalty?

Unfortunately, in order to take part in the Conditional Offer Scheme the driving licence surrendered must be issued by the DVLA at Swansea. However, if you currently hold a European driving licence, or a driving licence issued by DVLNI, you are entitled to apply for a UK counterpart licence using the D9 form which can be obtained from your local post office. The completed form should be sent with your driving licence (and documentary evidence if required) to - FLS, DVLA, Swansea, SA99 1BT.

There is NO charge for the UK counterpart licence. The process takes at least 4 weeks. If you intend to apply for the UK Counterpart licence you should contact the Camera Processing Unit who will temporarily suspend enforcement of the Notice.

Upon receipt of the UK counterpart licence, you will then be eligible to accept the fixed penalty by following the instructions on Page 3 of the Notice.

If you do not hold a European driving licence you cannot accept the fixed penalty. In these circumstances you should complete the 'Reply to Notice Form' and request a Court hearing (enclose a photocopy of your driving licence.)

I have been banned from driving / I do not have a licence what should I do?

If you are banned from driving or do not have a driving licence, and a conditional offer has been made to you, you cannot accept the fixed penalty. You should complete the 'Reply to Notice Form' and request a Court hearing.

I have sent for a replacement licence but it still has not arrived. The time limit indicated on the notice (for me to accept the fixed penalty) is about to lapse. What should I do?

You should contact the Camera Processing Unit immediately for advice.

How many penalty points can I have before I would lose my licence?

You can have up to 11 penalty points endorsed on your licence and still drive. Once you receive 12 penalty points you will lose your licence

I have a card licence but I have lost the counterpart can I accept the fixed penalty?

No. To apply for the fixed penalty you must produce both parts of your licence. In these circumstances you should contact the Camera Processing Unit for advice.

Driver education enquiries

Am I eligible for a driver education workshop?

A driver education workshop is offered to drivers detected at 39mph or less in a 30mph speed limit. Terms and conditions apply, and can be downloaded from the course provider's, Speed Choice, website.

What is the driver education workshop?

The driver education workshop is an initiative that offers a 3 hour workshop as an alternative to prosecution. Workshops are held only within the Avon and Somerset police area.

Who runs the workshops?

The workshops are held in a very informal atmosphere by road safety professionals.

I have been given the option to attend a workshop but I do not live within the Avon and Somerset Constabulary area

Under current guidelines you must return to Avon and Somerset to attend a workshop.

How much does it cost?

There is a £60 administration fee that is not refundable under any circumstances.

Will I have to take a practical driving test?

No, there is no practical driving test. The workshop is held in a classroom environment.

Does it matter what type of licence I hold?

No. You can attend a workshop whether you hold a full or provisional licence issued by any country. You can also attend a workshop if you have been temporarily disqualified from driving, however the alleged offence date must be prior to the disqualification date.

Will I be able to attend a workshop if I was driving whilst being disqualified?

No.

How many times can I attend a workshop?

You can attend one workshop within a 3-year period in any constabulary. The 3-year period must be prior to the alleged offence date.

Will I be able to pay in instalments?

No. You must be able to pay the £60 administration fee in full.

How long have I got to attend the workshop?

You must be able to attend a workshop within 120 days of the date of your offence. You will be able to state any inconvenient dates.

What if I am disabled or have special needs?

You will be able to state if you are disabled or have special needs and these will be taken into account when allocating you a venue.

How are the venues allocated?

A workshop venue will be allocated to you based on your postcode.

How long do I have to apply for the workshop?

Your application to attend a workshop must be received by the Camera Processing Unit within 28 days of the Notice Issue date. Please allow at least 3 working days for first class delivery of your application form.

When will I find out my date to attend a workshop?

Your application will be considered and, if you are eligible, attendance details and payment instructions will be sent to you. If you don't receive a reply to your application within 14 days of sending it, please contact the Speed Choice office immediately.

What if I can't attend the date I have been allocated?

If you are unable to attend the workshop appointment and you give at least 2 weeks notice, you will be offered one further appointment on payment of an additional administration fee of £30. This fee is not refundable in any circumstances. You must be available to attend the re-scheduled appointment within the 120 days of the date of your offence.

What happens if I don't meet all the requirements?

If you don't meet all the requirements then the workshop will be rescinded and you will be sent a Fixed Penalty payment form, containing details of how to pay.

What happens if I fail to attend the workshop appointment?

If you fail to attend the appointment date allocated to you the, workshop will be rescinded and you will be sent a Fixed Penalty payment form, containing details of how to pay.

I have returned my workshop application but I have not heard anything back

If you don't receive a reply to your application within 14 days of sending it you should immediately contact the course provider, Speed Choice, on 0844 9800030. If no contact is made within this time limit the workshop may be revoked.

Legal obligations regarding Notices of Intended Prosecution

I have received a Notice of Intended Prosecution, what is this document?

A Notice of Intended Prosecution (NIP) is a legal document outlining the details of an alleged speeding or red traffic light offence. Its purpose is to give notice that the driver of the vehicle may be prosecuted for the offence identified. The Notice contains details of:

The date and time of the offence, the location of the offence, the registration number and make of vehicle, the speed the vehicle was alleged to have been travelling, or time (in seconds) that the red light had been illuminated when the vehicle crossed the stop line.

A requirement is made within the Notice to return a response in writing within 28 days of the Notice issue date. For details of how to respond to a Notice please see How to Complete the Notice of Intended Prosecution.

Failure to respond to the Notice will result in prosecution for the offence of 'Failure to Supply' driver details.

Is there a time limit for receiving a Notice of Intended Prosecution?

Section 1(1) of the Road Traffic Offenders Act requires that a Notice of Intended Prosecution (NIP) must be served within 14 days of the commission of the offence. This means it must be posted to reach the defendant by ordinary post within 14 days. This excludes the day of the offence. It must be served on the last known address of the registered keeper obtained from the Department of Vehicle Licensing Authority (DVLA). It must be noted the 14 day rule applies only to the registered keeper of the vehicle and not subsequently nominated drivers.

Exception to the rule:

Sections 2(3) and 2(4) of the Road Traffic Offenders Act 1988 provide an exception to the rule. When the name and address of the registered keeper cannot be obtained in order to serve the Notice within the correct timescales, providing the Unit has shown reasonable diligence in trying to obtain this information within 14 days, any conviction will stand and the Notice will be deemed as served.

My Notice arrived via first class post, is this a valid form of post?

Yes, the rules for the service of notices and Summons have been amended. The former requirement for service by registered or recorded delivery post was deleted by the Magistrates Courts (Miscellaneous Amendments) Rules 1992 (SI 1992 No 729) which came into force on 6th April 1992. This allowed service by ordinary post to be used. Therefore all notices are sent from the unit by first class post.

My Company have received a Notice, we have no records to show who was driving the vehicle, what do we do?

It is not a legal requirement for an organisation to keep detailed records of the driver of a vehicle. However, if a company fails to identify a driver due to a lack of records they must be able to prove that the reason records were not kept was reasonable.

I am a provisional licence holder. I have paid my fixed penalty and have received a letter saying I have committed a secondary offence, what does this mean?

It means that whilst your payment for the fixed penalty was being processed it was detected from the photographic evidence that the vehicle was being driven otherwise than in accordance with the requirements of the provisional licence. An example of this is driving without 'L' plates. Therefore an offence has been committed and a prosecution for the offence of 'Driving otherwise than in accordance with licence' may ensue.

I have received a Summons stating I have failed to give information as to the identity of the driver, what does this mean?

This means that you are being prosecuted for failing to provide driver details when required to do so. Section 172 of the Road Traffic Offenders Act 1988 states that the keepers of motor vehicles have a duty to provide information with regards to the identity of a driver when a speeding offence has been committed.

"Section 172(2) (a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police"

"Section 172(2) (b) any other person shall if required as stated above give any information which it is in his power to give and may lead to the identification of the driver"

Perverting the Course of Justice, What does this mean?

It is an offence to knowingly supply false information. Any attempt to provide false or misleading information in connection to any of the offences mentioned above could result in proceedings being undertaken for the arrestable offence of perverting the course of justice.

An example of this would be to falsely claim to be the driver of a vehicle. This offence can carry a maximum sentence of life imprisonment.

What about PACE?

PACE is the code of practice for the detention, treatment and questioning of persons being held in custody by Police Officers. Drivers' in receipt of a Notice of Intended Prosecution, sometimes try to use PACE as a way to avoid being prosecuted. Typically, the driver will send a Section 9 statement to the Camera Processing Unit, admitting the offence but quoting PACE to suppress the use of their admission as evidence. As PACE only applies to persons being held in Police Custody, the Camera Processing Unit will reply to the driver to inform them that their admission will be used as evidence.

Gatso cameras and the clock change

Time zones in the UK change twice a year between Greenwich Mean Time and British Summer Time. Gatso camera devices may be loaded with a film prior to a clock change and unloaded after the clock change. Once the camera data (time, date, location, speed trigger point) has been inserted in its memory, and the equipment has been tested to prove accuracy and full operational capability, the equipment must remain as set. For reasons of confidence in the security of the data, it is not manipulated or altered after the event. The time set in the camera's memory will be corrected to the new time zone once the film has been unloaded.

As a result, Notices issued for alleged offences detected after the clock change but before the film is unloaded, will show a difference of one hour between the time you were actually at the site of the alleged offence and the time which appears on the Notice of Intended Prosecution. In this circumstance the Notice is still valid and is considered sufficient in law to notify you of the alleged offence.

Legal requirements regarding cameras

Speed limits and the enforcement of speed limits

The local highway authority is responsible for setting speed limits. They are also responsible for the correct signing of speeds limits in accordance with the Traffic Signs Regulations and General Directions, and ensuring that the speed limit is visible to motorists at all times. It is a criminal offence to exceed the posted legal speed limit on any road and at any time. In order to operate enforcement, it is a legal requirement that the speed limit must be signed correctly and visible to motorists. However, there are no legal requirements for camera enforcement to be signed or visible. The police force are permitted to undertake speed and redlight enforcement at any time, at any place, and covertly. Safecam's aim is to reduce speeds and subsequently accidents on stretches of road that have an accident or speeding problem. Safecam does everything possible to ensure that drivers are aware of camera enforcement, by; publicising camera locations on our website, ensuring that both speed limit and camera logo warning signs (if in position) are visible to motorists before enforcement is carried out, and ensuring that both fixed and mobile cameras are visible to the motorist before enforcement is carried out.

The Department for Transport has issued best practice guidance for the operation of safety camera enforcement, however these guidelines are NOT legal requirements. The guidance document can be downloaded from the documents to download page under the policy documents section.

Non-compliance with these policies does not provide any mitigation, or defence, for an alleged offence committed under current UK law.

Back to general information menu.

Back to top