Why have I received a Notice for a Camera detected offence?

The vehicle to which the Notice refers is either registered to you or you have been nominated as the driver of the vehicle. The Notice is in line with a Government Strategy to reduce the number of persons killed or seriously injured on our roads. Exceeding the speed limit or contravening a red light is an offence for which a fine and penalty points are mandatory, however as an alternative, if strict criteria have been met, an educational course may also be available. Excessive inappropriate speed is a contributory factor in one third of all fatal and serious collisions.

I was the driver of the vehicle, what must I do now?

Admit to being the driver using the online admission form by logging in here and clicking on the ‘I was driving’ tab.

Further correspondence will then be issued advising of the options available to you.

I was not the driver of the vehicle, what must I do now?

Nominate a driver using the online nomination form by logging in here

What happens if the vehicle is registered to a company?

The Company Secretary, Director or Manager must nominate the driver. This can be done using the online nomination form by logging in here

What happens if I ignore the NIP?

You are required in law, under Section 172 of the Road Traffic Act 1988, to respond to the Notice within 28 days of the date on it. If you do not respond, in addition to the alleged offence to which the Notice refers, you can also be prosecuted for a second alleged offence of failing to provide the required information. This offence carries a maximum fine of £1000 and a 6 penalty point endorsement on a driving licence.

What if I don't know who was driving my vehicle?

By law it is the responsibility of the registered owner/keeper, or any person subsequently nominated, to respond to the Notice of Intended Prosecution within 28 days of issue of the Notice (from the print date shown) and provide the identity of the driver at the time of the alleged offence or person/ organisation to whom responsibility has passed (e.g. to whom the vehicle was sold if prior to the offence date). Failure to do so could result in proceedings against the registered owner/keeper or person subsequently nominated. In the event that the vehicle is registered to a Limited Company then the Company Secretary will normally be summonsed.

If you are unable to provide full details of the driver, do not respond or fail to complete the form (e.g. a valid address) you may be prosecuted for the additional offence of failing to provide the required information. This offence carries a maximum fine of £1000 and 6 penalty points.

Can I request photographic evidence or the calibration certificate?

Photographic evidence - images captured at the time of the alleged offence are required as evidence to confirm vehicle, speed and offence location; they are not taken to identify the driver. Responsibility rests with the recipient of the S.172 request to provide as much information as possible to identify the driver. Whilst we are under no legal obligation to provide copies of these images, you may find it helpful to view the images by logging in here.

Calibration certificate - again, we are under no obligation to provide a copy of the calibration certificate but you may find it helpful to view a copy of this by logging in here.

My NIP arrived more than 14 days after the alleged offence. Is it valid?

In ALL cases a Notice of Intended Prosecution will have been served on the registered owner/keeper of the vehicle within the 14 days of the date of the alleged offence. There is no requirement on the prosecution to prove receipt of the notice – only that it was posted in sufficient time for it to be received within 14 days. 

If you have received a notice outside this period you are a nominated driver and required by law to respond to the s. 172 request for driver information. 

Are my Human Rights infringed if I respond to this notice?

No. You are obliged to provide the information as requested. Failure to do so may result in prosecution. The Grand Chamber of the European Court of Human Rights held that the nature of information sought by a Notice of Intended Prosecution under Section 172 of the Road Traffic Act 1988 does not constitute a breach of human rights. This decision was upheld by the High Court of the United Kingdom.

Can I plead mitigation in this matter?

You have the right to contest this matter in Court. If your mitigation is not accepted, the Magistrates will then determine the level of any fine and the number of points to be awarded. You must advise us, in writing, if you wish for this matter to be heard in Court.

Why are there no 30mph speed limit signs in the area?

All roads with a system of regular street lighting (i.e. at least 3 street lamps each spaced no more than 200yards apart) have a speed limit of 30mph unless signed otherwise. Large 'gateway' speed limit signs will be placed where the changed speed limit commences (e.g. from national limit to 30mph) but smaller repeater signs are only required if the speed limit on these roads is over 30mph. Please refer to the Highway Code for guidance.  

I could see the speed limit sign ahead, so why did I receive a Notice?

Where speed limits change there will be a large 'gateway' speed limit sign on either side of the road. The new limit does not apply until you have reached and passed the sign.

How do I know the speed is correct?

All speed detection devices used by The Safer Roads Unit have Home Office Type Approval, as required by Section 20 Road Traffic Offenders Act 1988. All devices are calibrated and checked as required by Type Approval and manufacturer’s instructions. No device is used without a current valid calibration certificate.

What is a Conditional Offer of Fixed Penalty?

The Conditional Offer of Fixed Penalty, which is a £100 fine and 3 points on your driving licence record, provides you with an alternative to having the matter heard in court. Details of how to comply with the Fixed Penalty offer can be found on the offer forms sent to you.

Can I still accept the Conditional Offer if I have an old style driving licence?

Yes, your old style driving licence will be accepted if it is a valid DVLA issued driving licence.

What if I have a Non-GB licence?

If you are a non-GB licence holder you should complete your licence details as requested on the Fixed Penalty offer form and return it to the HMCTS Fixed Penalty Office. You do not need to send your original licence.

How long will the points remain on my driving licence?

The penalty points are valid for three years from the date of the offence but must remain on your driving licence for four years. After four years you may apply to the UK Driver & Vehicle Licensing Agency (DVLA) to have then removed.  

I already have points on my licence, what will happen to me next?

If you have received less than 9 penalty points within the last 3 years then HMCTS will be able to accept your licence and endorse it with 3 more points. It is your responsibility to ensure your employer/insurer is informed where necessary.

If you have received 9 or more penalty points on your licence within the last 3 years you are liable for disqualification and it is likely the matter will be referred to the Magistrates' Court but still submit your payment and licence to HMCTS for consideration.

I’m a new driver, will I lose my licence?

If you reach 6 or more penalty points within 2 years of passing your test the DVLA may automatically revoke your licence on being notified by HMCTS, who have a legal obligation to forward your licence to the DVLA in Swansea. If they make the decision to revoke your licence you will have to obtain a provisional licence and drive as a learner until you have retaken both the theory and practical tests to regain your full driving licence.

I can’t find my driving licence, what do I do now?

If you need to apply for a replacement driving licence to take up this fixed penalty offer you will need to obtain a DVLA Application for a Driving Licence (Form D1) from a Post Office or contact the DVLA on 0300 7906801. DVLA charge a fee to replace lost, stolen, damaged or incomplete driving licences. More information about this can be found at https://www.gov.uk/apply-online-to-replace-a-driving-licence

You have 28 days to accept the fixed penalty, any delay in applying for a new licence may jeopardise your opportunity to resolve the matter via the Conditional Offer and you may be referred to Magistrates’ Court instead.

If you have not received a new licence from DVLA within 14 days of submitting a request you should contact them immediately

Can I send a cheque or a postal order and who do I make it payable to?

Yes, the Fixed Penalty Office accept both cheques and postal orders and they need to be made payable to HMCTS. These must be sent, along with you driving licence details, to: HMCTS North Fixed Penalty Office, PO Box 250, Leeds, LS27 1ET. You do not need to enclose your physical driving licence.

Can I pay by credit or debit card?

Yes, you can pay by credit or debit card by ringing the 24 hours payment line on 0300 1231 481 or online by visiting penaltynotice.homeoffice.gov.uk

You must then submit your driving licence details for endorsement by completing them on the Conditional Offer of Fixed Penalty form. This must be sent to: HMCTS North Fixed Penalty Office, PO Box 250, Leeds, LS27 1ET. You do not need to send your physical driving licence.

I cannot make the full payment, can I pay in instalments?

No, part payment CANNOT be accepted for the fixed penalty, a single full payment of £100 needs to be made. If you are unable to pay the full amount, the matter will be dealt with by way of a court hearing. The Courts may be able to offer a payment plan, however, they may also award costs which would increase the amount you have to pay.

I wish this matter to be dealt with by way of a court hearing

If you wish the matter to be dealt with by the way of a court hearing you must write to: Safer Roads Unit, PO Box 2122, Liverpool, L3 3YW. The Court will consider any mitigating circumstances that you may wish to bring to their attention.

Will I be eligible for a Driver Retraining Course?

Thresholds for National Speed Awareness Course offers in Merseyside and other eligibility criteria are noted below:
Speed LimitSpeed Awareness Threshold
20 mphUp to and including 31 mph
30 mphUp to and including 42 mph
40 mphUp to and including 53 mph
50 mphUp to and including 64 mph
60 mphUp to and including 75 mph
70 mphUp to and including 86 mph

The What’s Driving Us course will be offered for all traffic signal offences providing that the time into red is not excessive.

The following conditions must also apply for a course offer to be made:

•You must have admitted to being the driver and be able to have completed the course within 4 months of the alleged offence.

•You must not have completed or be in the process of completing (i.e. booked and paid) a similar course for a previous offence which occurred within 3 years of this offence.

•Your licence must be in your correct name (e.g. if you have married and not changed your licence we cannot offer you a course)

Do I need my driving licence?

Yes, you are required to produce photographic identification e.g. photo card licence at the start of the course. If you hold an old style paper driving licence, you will need to bring some other form of photographic identification such as a passport.

If I opt to take the course, do I still have to pay the fine and get penalty points?

No, the courses are an alternative to prosecution; providing you successfully complete the course the police will not take any further action in respect of the matter.

Where are the courses held?

Please visit offer.ndors.org.uk for further details.

How much are the course fees and when do I have to pay?

Course fees vary across the country. In Merseyside the course fee is £85 and is payable at the time of booking. 

How do I book a course?

If you wish to book a course in Merseyside you can do so online at offer.ndors.org.uk. You can also book by calling DriveTech on 0344 264 6323, lines are open Mon – Fri 7.30am to 6pm and Sat - Sun 8am to 3pm

Is there a test and can I fail it?

No, however you will be expected to make a positive contribution to the course and demonstrate a willingness to improve your driving skills.  Failure to actively engage in the class scenarios may result in the trainer asking you to leave and you being marked as having not completed the course.

I am unable to attend, can the date be changed?

If you need to change your course date, please contact the course provider with whom you are booked as soon as possible.

What happens if I am ill, late on the day or don’t turn up?

If you are ill, you must contact the course provider as soon as possible.

If you are late on the day, you will NOT be admitted to the course. It is your responsibility, having accepted the course date, to ensure that you arrive in plenty of time. 

If you fail to attend or do not complete the course, your file will then be referred back to the issuing officer to commence Court proceedings. No refund of the original course fee will be made and no further course will be offered.