I have received a Notice 

Q: Why have I received a Notice?

You have received a Notice as you are either the registered keeper or nominated driver of a vehicle involved in a road traffic offence.

A member of the public has submitted personal video evidence to us and a trained decision maker has identified an offence for which we have sufficient evidence to successfully prosecute the case at court.

Q: What happens next?

As the recipient of a Notice of Intended Prosecution/Section 172 Road Traffic Act 1988 Driver/Keeper Statement (NIP/s172) document, you are required under s172 of the Road Traffic Act 1988 to provide details of the driver. Once the driver has been established, they may be eligible to attend an educational course as an alternative to a fixed penalty. The driver does have the option to request a court hearing.

Q: I can’t remember who had the vehicle at the date and time stated on the Notice, what should I do?

It is the legal responsibility of the recipient to identify who was driving at the time of the alleged offence. You should ask everyone who had access to the vehicle if they were driving and carry out reasonable checks. Only one clearly nominated driver will be accepted as a valid response to the Notice.

You cannot accept liability for the reason that you do not know who was driving. In the event that you cannot identify the driver, you should return the Notice with a covering letter detailing why you cannot do so. The case will then be listed for a Magistrates Court hearing.

Q: Can I view the footage?

The footage of the incident is not available to you at this stage. The disclosure of evidence is covered under the Criminal Procedure and Investigations Act 1996.

If you do not wish to accept the offer of an educational course or a fixed penalty, you are able to request a court hearing. If you do so, the footage will be disclosed to you at this stage.

Q: Can I contest this?

A trained decision maker has assessed the footage and identified that there is sufficient evidence to successfully prosecute the case at court. If you wish to contest this, you are able to request a court hearing.

If you have responded to the NIP/s172 confirming that you are the driver, you will shortly receive a letter detailing your options. The option to request a court hearing is contained in this letter.

If you do request a court hearing, the case will be listed at a Magistrates Court and the relevant paperwork will be sent to you.

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