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Q. Why have I received a Notice for a speeding offence?
A. The Notice is in line with a Government Strategy to make roads safer for all road users. Exceeding the legal speed limit is an offence for which the normal penalty is a fine and points on your driving licence. Excessive or inappropriate speed is a contributory factor in one third of all fatal and serious collisions. These measures are in place to help reduce the number of people killed and seriously injured on our roads.
Q. I was the driver, what happens now?
A. You should complete Part 1 on the reverse of the Notice of Intended Prosecution and return this to the Safety Camera Enforcement Office. In most cases, you will then receive a "conditional offer".
Q. What is a conditional offer?
A. This gives you the opportunity of settling the matter without having to go to court. The fine is £60.00. Additionally, you will have 3 points added to your licence. You may still elect to have the matter heard in Court if you wish. Should you already have 9 or more points endorsed on your licence the matter cannot be dealt with by way of Conditional Offer and you will need to notify the Safety Camera Enforcement Office in writing.
Q. How long will the points remain on my licence?
A. Penalty points are valid for a period of three years, but cannot be removed from your licence until four years have elapsed.
Q. What will happen if I ignore this Notice of Intended Prosecution?
A. The process is simple and quick and provides the opportunity in most cases for the resolution of the matter without the involvement of the courts. Failure to respond will result in your case being passed to the courts for failure to provide information.
Q. The vehicle was being driven by someone other than myself (e.g. friend, relative, employee) at the time of the offence. What do I do now?
A. As the registered owner or keeper of the vehicle, you have a duty to identify the driver in question. Failure to provide this information will result in prosecution under Section 172 of the Road Traffic Act 1988.
Q. The photographic evidence may not identify the driver?
A. The photograph may be used as evidence in court that a speeding offence has been committed in the vehicle concerned. It is not intended for identification purposes.
Remember it is the registered owner/keeper's legal obligation to name the driver.
Q. Can I plead mitigation in this manner?
A.You have the right to challenge this offence in Court. The magistrates will then determine the level of any fine and number of points to be awarded. You are reminded that the Magistrates have the power to increase the fine and number of points beyond the "Conditional Offer" level if they see fit.
Q. Are my Human Rights infringed if I respond to this request?
A. No. The Human Rights Act does not affect you when returning this paperwork.Primary legislation dictates that you are obliged to provide the information requested.
Failure to do so will result in prosecution.
Q. My Notice arrived more than 14 days after the alleged offence. Shouldn't I have been notified within that time scale?
A. The Notice must be sent to the registered owner or keeper within 14 days of the offence. If, allowing for the postal service, your Notice arrives after this, it means that you have subsequently been named as the driver, keeper or hirer.
Please note that many company vehicles are owned by leasing, hire or vehicle management companies.
Q. I cannot find my driving licence. What should I do?
A.You should immediately:-
- Apply to the DVLA Swansea for a replacement/duplicate licence (forms for this can be obtained from any main Post Office). Alternatively contact the DVLA on 08702 400009.You cannot comply with the terms of the Conditional Offer by payment unless you can produce a current driving licence and counterpart issued by the DVLA at Swansea at the time of paying the fine.
- Advise the Safety Camera Enforcement Office, P O Box 98, Norwich, NR1 1YJ in writing. Remember you only have 28 days in which to comply with the terms of the Conditional Offer.
Q. What should I do if my name/address details have changed but my DVLA driving licence has not yet been updated?
A. To avoid exceeding the Conditional Offer time limit you can send the licence to the Fixed Penalty Office, HMCS, 4 Barton Way, Carrow Road, Norwich, NR1 1DL together with your payment and the payment slip completed. When your licence is returned you should send it to the DVLA the have the details changed.
The DVLA will NOT penalise you for the delay in changing your details.
Q. I passed my driving test less than two years ago. Can I still accept the conditonal offer?
A. If, with this penalty, you are due to have a total of 6 penalty points within two years of passing your driving test the Secretary of State will order the revocation and removal of your driving licence. You will have to re-take both the theory and practical tests before a full licence can be issued to you. You may prefer to have the alleged offence dealt with in court rather than pay the fixed penalty.
Conviction will lead to revocation of your licence automatically.
Q. What if I have 9 or more penalty points on my licence?
A. You must notify the Safety Camera Enforcement Office, P O Box 98, Norwich, NR1 1YJ immediately in writing that you already have too many points on your licence to accept the Conditional Offer Fixed Penalty. The matter will be dealt with by way of a Court hearing.
Q. I have a Photocard Licence. What do I send in?
A. You must let the Fixed Penalty Office, HMCS, 4 Barton Way, Norwich, NR1 1DL have both the photocard and the counterpart when paying the fixed penalty.
Q. I do not have a Photocard Licence. What do I send in?
A. If you have an old style paper driving licence issued by the DVLA, you should send this in to the Fixed Penalty Office, HMCS, 4 Barton Way, Norwich, NR1 1DL with the Conditional Offer payment and completed payment slip.
Q. Does my Driving Licence get sent to DVLA, Swansea for endorsement?
A. No. The endorsement is put on the licence by the Fixed Penalty Office. Your licence will normally be processed with the the payment and your licence will be returned the following working day. Please note that at certain times there could be an additional delay.