FAQs category 2
I am not guilty because I was not speeding / the lights weren't showing red. What happens now?
This is not mitigation. It amounts to a "Not Guilty" plea. You should consider seeking legal advice in respect of this.
If you believe that you have a defence to the offence alleged in the Notice of Intended Prosecution, you may, if you wish, request a court hearing by completing the relevant section of the form. Please note that we are not in a position to consider a valid defence or mitigating circumstances. These are matters that can only be dealt with by a court of law.
What would happen if I ignored the Notice of Intended Prosecution?
This would result in your prosecution for failing to provide the details of the driver. A conviction for this offence would result in six penalty points on your licence and a possible maximum fine of £1,000
My vehicle was not on the road named at the stated time. What should I do?
You need to write to us at the address shown on the notice, giving any information which supports your claim. The evidence will be reviewed and you will be contacted.
What if I don't know who was driving?
It is the duty of the keeper of the vehicle to identify the driver. Owning a vehicle carries with it a number of responsibilities. You should not only know who can drive it, for insurance purposes, but who is driving it at all times. Unacceptable responses may result in prosecution.
How do reasons like not knowing the road or speed limits affect my case?
The fact that you didn't know the road, about the speed limit or cameras, being late for an appointment or there being no other traffic on the road are not acceptable excuses. Correspondence with us relating to this type of argument will not be entered into. Depending on the circumstances, only drivers of emergency vehicles may have a legal exemption to exceed speed limits or contravene red traffic lights. If you are offered the chance to pay a Conditional Fixed Penalty rather than attend court, but choose not to, you may put your mitigating circumstances to the magistrates. However, you should be aware that costs may be awarded against you by the court and you may incur more penalty points. If you ignore the paperwork or do not pay a conditional offer within 28 days the matter will proceed to court.
What effect do penalty points have on provisional licences and recently qualified driving licences?
You can be given penalty points even if you’re on a Provisional Licence. You’re as much at risk from offences like speeding as a fully-qualified driver.
If you reach six or more penalty points within two years of passing your Driving Test (ie during the probationary period), the DVLA will automatically revoke your Driving Licence when notified by a court or fixed penalty office. Penalty points counting towards this total of six include any you incurred before passing the test, as long as the offence took place not more than three years before the latest penalty point offence. Points imposed after the probationary period will also count if the offence is committed during that period. Passing the retest does not remove penalty points from your licence, and if the total reaches 12, you are liable to be disqualified from driving by a court.