West Yorkshire Casualty Prevention Partnership

Notice of intended prosecution and offence

A speed camera has flashed me. When will I know if I am going to be prosecuted?

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.

 

If I don’t receive the Notice of Intended Prosecution within 14 days is it still valid?

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 this 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

 

What if I wasn’t driving the vehicle?

Please compete the driver details on the reverse of the NIP. If you provide details of someone else but you were actually 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.

 

What if I don’t believe it was my vehicle?

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.

 

What if the person driving the vehicle has left 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 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.

 

What if I recently sold the vehicle?

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.

 

If I get a Notice of Intended Prosecution and don’t sign the paperwork, can I still be prosecuted?

Anyone who doesn’t 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.

 

Am I incriminating myself if I sign the notice? Does it infringe my human rights?

No, the European Court of Human Rights has dismissed this argument.

 

What if I ignore correspondence about an alleged offence? 

If you fail to respond, a court summons will be issued. It is the duty of the Police to bring alleged offences to court.

 

What if I have received a Final Reminder?

If you have returned your NIP, it may have crossed in the post or may not have reached our office, please complete and return the final reminder as a matter of urgency.

 

For assistance in completing the NIP please click here.

 

Disclaimer

The information given on this website is compiled by West Yorkshire Casualty Prevention 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 Casualty Prevention Partnership or its agents if it isn't./frequently-asked-questions/validity-of-offences