I've Received a Notice - Frequently Asked Questions

Safecam has produced information leaflets to answer queries in respect of a Notice of Intended Prosecution. The relevant leaflet accompanies the Notice of Intended Prosecution sent by post. You may also download the leaflets below:

Speed and red light detection - Your questions answered (*PDF format - 101KB)

Important information about your summons - Frequently asked questions (*PDF format - 382KB)

3 points or 3 hours (driver education explanatory leaflet) (*PDF format - 269KB)

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

Help with my Court Summons

How to contact the Camera Processing Unit

How to contact the Fixed Penalty Office

Registered keepers' / drivers' entitlement to evidence

Driving licence enquiries

Speed Choice enquiries (speed awareness course)

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 uses two types of fixed cameras: Gatso, which uses wet-film loaded in to the camera housing and then unloaded to be taken for processing; and RedSpeed, which is digital and sends images of offences via a broadband telephone link.

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 one type of mobile camera, the LTI 20.20 Ultralyte 1000. 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

The Notice of Intended Prosecution documentation is coloured differently depending on the ways in which you may proceed with your case. All relevant forms will be included within the documentation.

Please download the advice below.

WHITE documentation means the driver is eligible to accept the Conditional Offer of a Fixed Penalty, or request a court hearing to contest the offence.

Download advice

GREEN documentation means the driver is eligible to accept the Conditional Offer of a Fixed Penalty, or apply to attend our speed awareness course (Speed Choice), or request a court hearing to contest the offence.

Download advice

BLUE documentation requires the driver to attend a court hearing. These offences are not eligible to be dealt with by Conditional Offer of a Fixed Penalty, or through our speed awareness course.

Download advice

I am unable to identify the driver

As the registered keeper/owner/hirer/nominated driver of the vehicle you are legally obliged to supply the details of the actual driver/rider on the date of the alleged offence. Failure to supply these details may render you liable for prosecution under Section 172 of the Road Traffic Act 1988. Only a court of law can decide if failure to identify is reasonable. The Camera Processing Unit will supply photographic evidence on request as this may help to identify the driver/rider, however the purpose of photographic evidence is only to identify the vehicle and registration mark therefore it may not necessarily assist with identifying the driver/rider.

I dispute that it was my vehicle that committed the alleged offence

Please complete page 2, box 3 of your Notice, provide a letter of explanation, along with a photograph of the front and rear of your vehicle and return it to us or contact the Camera Processing Unit immediately.

I have received a Notice and would like photographic evidence

The Camera Processing Unit will provide photographic evidence on general request. Please request this using the Camera Processing Unit email contact form.

I have received a reminder letter but I have not received the original Notice

Please contact the Camera Processing Unit immediately.

Help with my Court Summons

I have received a Summons but I have not received a Notice

Please contact the Camera Processing Unit immediately.

What is in the Summons pack?

The summons pack is made up of 2 sections.

The first section is fronted by the Court Summons itself. The Summons gives details of the offence(s) for which you are being prosecuted. It also gives the date, location, and time of your hearing and, and advises if you are required to provide the court with your driving licence.

The remainder of this section is made up of the evidence and statements which are to be considered by the Magistrates. You should read through this section very carefully. Please note that this section may not contain all the correspondence held on your case file, only the evidence upon which the prosecution is relying.

The other section contains two important forms which enable you to respond to the Summons and provide information that you would like the magistrates to consider. There are also various information leaflets enclosed.

Do I have to attend the Court Hearing?

If you are pleading Guilty to the offence, you do not need to attend the Hearing. You must complete the Plea & Mitigation form and return this to the Court. If you return this form to the Court indicating a Guilty plea then the case will proceed in your absence. You should also send your Driving Licence if requested to do so on the Summons. The Court will write to you after the Hearing to inform you of any fine imposed.

If you are pleading Not Guilty to the offence, you do not need to attend the Hearing. At the Hearing, the Court will re-list your case for Trial and you will be informed of a new Hearing date. You, or your legal representative, must attend this new Hearing. When returning the Plea & Mitigation form to the Court, you can use the Mitigating Circumstances page to give additional information, or inform the court of the reasons for your Not Guilty plea.

What if I have information I wish the Magistrates to consider regarding the offence?

The second page of the Plea & Mitigation form is a (mainly) blank page entitled Mitigating Circumstances. You should use this space and additional pages if necessary, to write anything you feel may assist the Magistrates in making a judgement on your case.

What about the form called Statement of Means? It asks for details of my income and outgoings, do I have to give this information to the Court?

This is an important form and if you are pleading Guilty the Means information you provide will be used by the Court to fix the level of the fine. You must also complete the form if you feel you'll need to pay the fine in instalments. Please note however that you are not legally obliged to provide your financial details if you do not wish to do so.

Where do I send any forms or correspondence?

Send any letters or completed forms to the Court at the address shown on the Summons. Please note these should be received no later than 3 days prior to your Hearing.

What if I do not reply to the Summons?

If you do not reply to the Summons then the case will proceed on the given date and the Court may sentence you in your absence.

Registered keepers' / drivers' 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.

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. The Camera Processing Unit (who administers the prosecution process) is a police staffed unit and will consider all requests for information under the CPIA.

If you have further enquiries about the Freedom of Information Act, please contact the FOI Disclosure Officer at the Safecam Project Management office.

Safecam has reviewed what evidence it will make available prior to Court proceedings. The Camera Processing Unit will provide the following information on general request;

• Photographic evidence of the alleged offence
• Calibration certificates of the camera device used to detect the alleged offence
• Training certificates of the camera operator concerned with the alleged offence

Driving licence enquiries

Please note that if you are eligible to accept the fixed penalty you will have received the appropriate paperwork.

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.

Speed Choice enquiries

Am I eligible for a Speed Choice workshop?

Speed Choice is offered to drivers detected at 39mph or less in a 30mph speed limit. Terms and conditions apply, and can be downloaded from the Speed Choice website.

What is a Speed Choice workshop?

The Speed Choice workshop is an educational initiative which offers a 3 hour workshop as an alternative to the conditional offer. These 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 experts.

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 this area to attend a workshop as there are no reciprocal arrangements with other constabularies.

How much does it cost?

There is a £60 administration fee which is not refundable under any circumstances. This is a one off payment and your driving licence will not be endorsed with any points.

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 years period in any constabulary. The three-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 within Avon and Somerset Police area 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 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.

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 could 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, placing camera logo warning signs at all camera sites, ensuring that both speed limit and camera logo warning signs are in place and visible to motorists before enforcement is carried out, and ensuring that both fixed and mobile cameras comply with visibility and conspicuity rules 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.

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