Prosecution

Why have I received a notice for speeding?

Your notice is in line with the Government Strategy to make roads safer for all road users.

Exceeding the legal speed limit is an offence for which a fine and penalty points are mandatory. These measures are in place to help reduce the number of people killed or seriously injured on our roads. Your driving behaviour is the key to the success of this strategy.

Within a certain threshold you may be offered a speed awareness course.

Full details are here - https://www.cumbria.police.uk/Advice-Centre/Road-and-Vehicle-Safety/Speed-Awareness-Courses.aspx

I was the driver. What happens now?

You need to complete Part 1 of the notice that has been sent to you and return it to the Central Ticket Office. In most instances, you will then receive a "conditional offer" of a fixed penalty notice.

How can I identify the location?

You may need to know the location where the excess speed was detected to identify a driver. The location will be named on the notice, and will also includes a 12 figure grid reference which are the ordnance survey x y coordinates. To use this to get a location, open http://www.streetmap.co.uk/  and place the 12 digit number in the search function, splitting it with a comma after the sixth figure, and press search. This will drop an arrow onto the central area of the enforcement zone. It must be remembered this may well not be the exact location of the van as some enforcement zones can be up to one kilometer long, and operator could be parked  at any point within the zone.

What is a conditional offer?

This gives you the opportunity to settle the matter without having to go to court. The fine is £100. You will also have three penalty points added to your driving licence. You may still elect to have the matter heard at court. More than eight points on your driving licence prevents the matter being dealt with by "Conditional Offer", and you will need to notify the Central Ticket Office in writing.

How long will the penalty points stay on my licence?

Penalty points are valid for a period of three years, but cannot be removed from your licence until four years have elapsed.

The vehicle was being driven by one of my employees. What do I do next?

As a responsible employer, you have a duty to identify the driver of the vehicle in question. Your company car log or records should assist you in this. Failure to do so will result in your company being taken to court.

Are my human rights infringed if I reply to this paperwork?

The Human Rights Act does not affect the returning of this paperwork. Primary legislation dictates that you are obliged to provide the information requested. Failure to do so will result in prosecution.

Can I plead mitigation in this matter?

You have the right to challenge this offence in court. The Magistrates will then determine any fine and penalty points awarded. You are reminded that the courts have the right to increase the fine and penalty points awarded if they see fit, you may also be ordered to pay court costs.

What happens if I ignore this letter?

The process is simple and quick and gives the opportunity, in most cases, to resolve 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 the required information.

My notice arrived more than 14 days after the alleged offence. Shouldn't I have been advised within that timescale?

The notice must be sent to the Registered Keeper within fourteen days. If your notice arrived after this, it means that you have already been named as the driver/keeper/hirer by the registered keeper which may be your employer or a leasing company.