I have received a notice of intended prosecution
Why hasn't the notice been served within 14 days?
In ALL cases a Notice of Intended Prosecution will have been served, within 14 days of the date of the alleged offence, on the keeper details held on the DVLA database at the time these were requested. If you have received a notice outside this period you are a nominated driver/keeper and required by law to respond to the S172 request for driver/keeper information within 28 days.
I have received a notice of intended prosecution and was the driver at the time of the alleged offence, what do I do now?
You need to complete and sign Part 1 of the notice if you were the driver at the time of the offence. You must return the notice to the Central Ticket Office within 28 days from the date on the notice. At this point DO NOT SEND ANY MONEY OR YOUR DRIVING LICENCE. If you have completed Part 1 to admit to being the driver you will receive further correspondence in due course.
I have received a notice of intended prosecution and was NOT the driver at the time of the alleged offence, what do I do now?
If you were not the driver but are the keeper of the vehicle, it is your duty to return the Notice of Intended Prosecution (NIP) to the address shown on the NIP with full details of who was driving at the time of the offence. DO NOT PASS THE NOTICE TO THE DRIVER/KEEPER.
The vehicle keeper has a legal obligation under Section 172 of the Road Traffic Act 1988 to supply this information.
The nominated driver/keeper will then receive a Notice of Intended Prosecution in his/her own name. Failure on the part of the keeper to provide information on the identity of the driver/keeper at the time of an offence could result in prosecution with a maximum financial penalty of £1000, an endorsement of 6 penalty points and possible driving disqualification.
A person who knowingly provides the Police with false information as to the driver of their vehicle or the whereabouts of their vehicle commits a crime of attempting to pervert the course of justice or perverting the course of justice. This is a far more serious crime than the original offence and can carry a prison sentence.
Can I request photographic evidence?
Yes, requests must be made in writing either to the Central Ticket Office, PO Box 426, Carlisle, Cumbria, CA1 9HH or alternatively via email to CumbriaCTOEnquiries@cumbria.police.uk
I'm not sure who was driving at the time of the offence, what can I do?
Contact the Central Ticket Office to request photographic evidence. The vehicle keeper has a legal obligation under Section 172 of the Road Traffic Act 1988 to provide the full name and address of the driver at the time of the offence. Failure to provide this information will result in court proceedings. Whilst photographic evidence of the offence can be provided these will not always assist with driver identification. Your identification of the driver at the time should not be reliant on the photographic evidence.
If you ignore the notice
If you do not respond to the notice within the 28 days, beginning with the date of service, your case will be referred to court because you failed to provide the information you were asked for.
If you want to appeal the notice
If you want to appeal you have to go through the court process, not the police.
You need to complete part one, two or three on the notice to identify either yourself or someone else as the driver. Failure to do this is an offence in itself.
Once we receive this information from you, we’ll send you a letter explaining the options available to you, including how to appeal.
If you choose to appeal you need to be aware that if the court finds you guilty of the offence they can:
- give you more than three points on your licence
- increase the penalty fine
- charge you for the court costs
- victim surcharge costs