Frequently asked questions for people caught speeding
If you have a received a Notice of Intended Prosecution for a speeding offence, any questions you have should be answered below.
Q. I did not see any speed limit signs. How would I have known what speed limit was applicable?
The most likely answer is that you were in a 30 mph zone. These are usually signified by the presence of street lighting, lit or unlit, in a built up area as described in the Highway Code
The only legal speed limit signs that can be used are found at the beginning of the area. The law does not allow the Highways Authorities to erect "repeater" signs where there are street lights.
Q. If I was the driver can I plead mitigating circumstances?
You have a right to challenge the offence or to plead mitigating circumstances. To do this, you will have to opt to have your case heard by a Magistrates Court. If you choose to do this, you will automatically be issued with a court summons in which you can detail any mitigating circumstances that you wish the Magistrates to consider. You will have the opportunity to explain in writing without having to attend the court. You are reminded that Magistrates have the right to increase the fine and penalty points as they see fit and you may also have to pay court costs.
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Q. Am I eligible to attend a speed awareness course insetad of a fine and penalty points?
Speed awareness course will only be offered to drivers who meet ALL the following criteria:
- The recorded speed must be no more than the speeds for each limit, shown on the table below.
|
SPEED LIMIT |
MAXIMUM SPEED TO BE ELIGIBLE FOR SPEED AWARENESS COURSE |
|
30 |
39 |
|
40 |
50 |
|
50 |
61 |
|
60 |
72 |
|
70 |
83 |
- You must have fully completed Part 1 of the Notice of Intended Prosecution form and return it to the Central Ticket Office within 28 days for the date of the letter.
- The driver of the vehicle must be identified and have completed the Notice of Intended Prosecution confirming that they were the driver within 70 days of the date of the offence. The course must be completed within 120 days of the date of the offence.
- You must not have completed a National Speed Awareness course anywhere else within the last three years from the date of the offence.
Click here to view the AA DriveTech website for further information about these courses including details of venues, dates, times and the how to book.
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Q. What is a conditional offer?
A conditional offer of fixed penalty gives you the opportunity to settle the matter without having to go to court. The fine is a fixed amount of £60 and you will also have three penalty points added to your driving licence.
Q. How long will the penalty points remain on my driving licence?
The three penalty points are valid for a period of three years from the date of the offence, but cannot be removed from your licence until four years have elapsed, after which you can apply to DVLA for a replacement licence.
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Q. What if I have nine or more penalty points on my licence?
You must notify the Central Ticket Office in writing that you already have too many penalty points on your licence to accept a Conditional Offer of Fixed Penalty.
The matter will then be dealt with in court.
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Q. What should I do if I cannot find my driving licence?
Complete part 1 of the notice and return it to the Central Ticket Office. Also, you should immediately apply to the DVLA for a replacement/duplicate driving licence (forms can be found at any main Post Office). You will need to produce a current driving licence - the card and the paper part - whether you wish to accept the fixed penalty or request a court hearing.
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Q. I don't have a photocard licence. What do I send in?
If you have an old style paper driving licence issued by the DVLA you are still able to accept the Conditional Offer of Fixed Penalty.
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Q. What should I do if my name/address details have changed but my DVLA driving licence has not been updated yet?
To avoid exceeding the fixed penalty time limit you should send us the completed payment form, payment and your paper driving licence plus photocard where issued to comply with the fixed penalty. You must where applicable, complete the section on your licence for change of address with a signature and date. No further information or forms are required by this office as once your licence has been updated with the required penalty points, it will be returned to you and you will then need to contact the DVLA directly to obtain a replacement licence.
(Please Note: It is an offence to not update the DVLA with a change of address).
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Q. What happens if I don't know who was driving the vehicle?
If you are the registered owner/keeper/nominated person or as an employer, it is your responsibility to identify the driver of the vehicle in question. In the case of a company, your vehicle log should be of assistance. If you fail to supply the information required then the registered keeper/owner/nominated person will be taken to court and may be fined up to £1,000, have their driving licence endorsed or be disqualified from driving.
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Q. Will photographic evidence identify the driver?
The photograph may be used as evidence in court to show that the speeding offence was committed by the vehicle concerned but is not used for personal identification purposes. We can supply a photograph on request, although there is normally no entitlement to advance disclosure of evidence. If the matter results in court proceedings (whether by request or police prosecution) the defendent or a legal representative may make representations to the Crown Prosecution Service for any relevant items once a summons has been issued.
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Q. Can I see video evidence of the alleged offence?
Fixed cameras only take still photographs of a vehicle detected speeding. However, if the alleged offence was captured by a mobile enforcement officer, then it would have been recorded on film (by video).
As a standard, the Central Ticket Office do not have the facilities to allow video evidence to be viewed. However, a still photograph of the alleged offence, captured by video, can be issued. If the matter results in court proceedings (whether by request or a police prosecution) the defendent or a legal representative may make representations to the Crown Prosecution Service for video evidence once a summons has been issued.
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Q. I passed my driving test less than two years ago. Can I still accept a Conditional Offer of Fixed Penalty?
If, with this penalty, you are due to have a total of six 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 then only be able to drive after you have applied for a provisional driving licence. You will have to retake 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 at court rather than accept the Fixed Penalty.
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Q. Are my human rights infringed if I respond to this paperwork?
No. You are still obliged to provide the information as requested. Failure to do so will result in the matter being dealt with at court.
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Q. I want more information about this offence. Can I request this under the Freedom of Information Act 2000?
We will respond to all requests for information in accordance with the Freedom of Information Act 2000 (FOIA). Before making a request, please be aware that any information released under FOIA will be considered published and in the public domain without caveat, and that exemptions apply to certain types of information. In general, this means that requests for information about an individual speeding offence are likley to be refused on the grounds that the information relates to an individual and is not suitable for release to the world at large. Prosecution evidence may be obtained from the Crown Prosecution Service once a summons has been issued.
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