Save my Driving License

Notice of intended prosecution

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What is it?

A notice of intended prosecution can be given verbally at the time of the offence by a police officer or be sent by post. You may receive a notice of intended prosecution for offences where evidence has been obtained by camera. For example this could be speeding or going through a red light.

  • The notice must be sent to the last known address of the registered keeper.
  • It can be sent by first class post, recorded or registered delivery or can be hand delivered.
  • The notice must be sent within 14 days from the time of the offence.

Do I have a defence?

The notice of intended prosecution must comply with certain requirements for it to be valid.

  • Has the form been filled out correctly
  • Has it been sent within the 14 days
  • Are the details of the offence correct
  • Has it been sent to the correct person

In certain circumstances the notice of intended prosecution can be rejected.

The notice must be signed on behalf of the chief constable but this is often typed. It must contain details of the nature of the offence along with the location, date and time. Minor errors can be corrected and would not provide a defence.

The notice must be sent so that it arrives with the registered keeper within 14 days from the date of the offence. If the notice issue date is after the 14 days then you are likely to be able to reject the notice. It could be that you were the driver but do not receive the notice for some time after it is issued.

The notice is valid if it is sent to the registered keeper whether that is an employer or a hire company first. The police have 6 months to prosecute.

What about photographs?

The police often provide photographic evidence on request but they do not have to. It is up to you as the registered keeper to know who was driving the vehicle.

What do I do next?

You must complete the form including identifying the driver, signing the form and returning it to the address provided within 28 days. If you do not do this you may face a penalty for the offence of failing to provide details of the driver.

You are under an obligation to provide these details. The law states you need to make reasonable and diligent enquiries. If it can be shown that you have done this and still cannot show who the driver was then you may have a defence.

We're always here to help you

If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.

We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.

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