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Here are some of the Frequently Asked Questions about NIPs that the team deal with on a daily basis.

Why would you receive a Notice for a Camera detected offence?
The Notice is in line with a Government Strategy to make our roads safer for all road users. Exceeding the speed limit or contravening a red light is an offence for which a fine and penalty points are mandatory. Excessive inappropriate speed is a contributory factor in one third of all fatal and serious collisions. Safety cameras are in place to reduce the number of persons killed or seriously injured on our roads.

Questions about who was driving

I was the driver of the vehicle, what must I do now?
If you were the driver of the vehicle at the time of the alleged offence AND you are the person the Notice of Intended Prosecution (NIP) has been addressed to, you should tick the box in Part 1, you MUST provide your driving licence number and sign, and complete Part 3.

I was not the driver of the vehicle, what must I do now?
As the addressee of the NIP you are required to nominate the driver/hirer/owner of the vehicle by ticking the relevant box in Part 2. You should provide in Part 3 details of the nominated driver (or the person you bought/sold/hired the vehicle from/to). You as the person to whom the NIP is addressed must sign and date the appropriate boxes in Part 2.
DO NOT pass the form to the person you are nominating to complete. Once a COMPLETE AND VALID nomination has been received, a NIP will be issued into the driver/owner/hirers name.

The completed document  MUST be returned, within the 28 day time scale stated on the form to: PO BOX 2106, Shoreham By Sea, BN43 6WW. Failure to complete and sign the NIP correctly or return  the form within the time limit could result in Court proceedings

What happens if the vehicle is registered to a company?
The Company Secretary, Director or Manager should nominate the driver by ticking the relevant box in Part 2, providing the nominated drivers details in Part 3 and signing Part 2. The form should NOT be passed to the driver to complete.

I don’t know who was driving my vehicle?
It is the responsibility of the registered owner/keeper to provide the identity of the driver at the time of the alleged offence. Failure to do so could result in proceedings against the registered owner/keeper. In the event that the vehicle is registered to a Limited Company then the Company Secretary will normally be summonsed. The purpose of photographic evidence is to identify the offending vehicle, and NOT to identify the driver.

Questions about returning the form

What happens if I ignore the NIP?
You are required by law, under Section 172 (7) of the Road Traffic Act 1988, to respond to the Notice within 28 days of the date of the Notice.  Failure to do so will result in the matter being passed to the  Court for the additional offence of failing to identify the driver, which carries a maximum fine of £1000 & 6 penalty points endorsed on your driving licence.

What if I do not sign the form?
Section 172(7) of the Road Traffic Act 1988 states that the NIP must be returned fully completed and signed. If you return the form unsigned you will be summonsed to court for failing to identify the driver.

Questions about filling in the form

I don’t know what my driver number is, how would I find it?
Your driver number is the number on your licence which begins with the first 5 letters of your surname, 6 numbers identifying your date of birth, letters identifying your initials and 3 random letters and numbers i.e. SMITH410105AA9JX. This can be located on either your paper licence/counterpart or photocard id.

The completed document MUST be returned, within the 28 day time scale stated to: PO BOX 2106, Shoreham By Sea, BN43 6WW. Failure to complete and sign the NIP correctly or return  the form within the time limit could result in Court proceedings.

Once a completed notice has been received, you may then qualify for either a Speed Awareness Workshop (dependant on speed and time limits) or a Conditional Offer of Fixed Penalty. The fixed penalty is a £60 fine and 3 penalty points on your driving licence which provides an alternative to a court hearing. If the offence committed is deemed to be too excessive, the option of a speed awareness course and conditional will be removed and the matter passed directly to the Magistrates’ Court.

 DO NOT send your driving licence or payment at this stage.

Questions about evidence

Can I have a copy of the photograph and/or calibration certificate?
In accordance with the Criminal Procedure and Investigations Act 1996, we are only required to provide you with the copies of the photographic evidence showing the offence. The request for photographic evidence must be for a legitimate reason and not for the purpose of identifying the driver. A copy of the calibration certificate will ONLY be issued to you in the event of the matter progressing to a full Court hearing. Photographic evidence will only be issued upon a written request to the Central Ticket & Summons Unit.

How do I know that the speed is correct?
All speed detection devices used by the Safety Camera Partnership 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 .

Why are there no 30mph speed limit signs in the area?
All roads with a system of regular street lighting have a limit of 30mph, unless signed otherwise. Repeater signs on these roads are only required if the speed limit is over 30mph. For information on speed limits for ALL classes of vehicles, on specific roads please refer to the Highway Code for guidance.

Questions about the process

My notice arrived more than 14 days after the alleged offence. Is it still valid?
Yes. The NIP is initially issued and posted to the registered owner/keeper, according to the details held by the DVLA, within 14 days of the alleged offence. Postal delay will not invalidate service. The registered owner/keeper has the responsibility to ensure that all details held by the DVLA are correct. This time limit does not apply to any NIP subsequently issued to a named driver, hirer or owner who has been nominated or following further Police enquires. Please be aware that even though your driving licence may have the correct address, your vehicle registration document (V5) may not. Also, although you may be a “long lease” hirer of a vehicle, the vehicle may possibly be registered to the hire company and not you as an individual.

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. We have received advice from the Justices Clerks’ Society that the requirement to identify the driver is not itself contrary to Article 6 of the Convention, and there is no known reason why, in general, prosecutions for Road Traffic matters (whether detected by Camera, or otherwise) should not proceed.

Can I plead mitigation in Court?
Yes. You have the right to contest the matter in court, if you so wish. However, you have no right of appeal with the enforcing authority. If your mitigation is not accepted, the Magistrates will then determine the level of any fine with additional Court costs, and the number of points to be awarded. If you wish for the matter to be heard in Court, you must make a formal request in writing.