The prosecution process


Frequently asked questions about the prosecution process

Guidance on completing the Section 172 form

 

Other commonly asked questions include:

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.

What speed was I travelling at?

Your speed of the vehicle you were driving is recorded on a film or DVD which is held by the Central Ticket Office. It is printed on the notice that you have been sent.

I was the driver. What happens now?

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

What is a conditional offer?

This gives you the opportunity to settle the matter without having to go to court. The fine is £60. 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 posted so that there is a reasonable expectation that it will be served on the DVLA Registered Keeper within fourteen days of the offence. Subsequent notices may be served on other drivers, keepers or owners for the same offence and these will not be subject to the 14 days regulations.