West Yorkshire Casualty Prevention Partnership

After you have returned a NIP

After you have returned a Notification of Intended Prosecution 

When the driver has been identified, one of three things will happen. You will be sent a conditional offer, you will be offered the chance to attend a driver improvement course or you will receive a court summons, although you can elect to have the case heard in court rather than accept either of the first two.

 

I’ve received a conditional offer, what does this mean?
Once a driver has been identified, in some cases it is possible to deal with the offence by fixed penalty procedures and the driver will then be sent a conditional offer. This states that the matter can be completed without recourse to court proceedings, by payment of a fixed penalty (currently £100) and a driving licence endorsement of three points, subject to the following conditions:

1) There are not more than 8 penalty points already on the driver's licence.
2) That the licence was issued in the UK by the DVLA and is valid for the type of vehicle.
3) That the recorded speed is less than that which must be dealt with by court.
4) That the licence (both parts, if a photocard type) is submitted within 28 days, together with a completed statement from the driver and payment of the £100 fixed penalty. Please ensure that if you have a photocard licence, that the issue number for both parts match.

You may still elect to go to court.


Can I have a higher fine and no penalty points?
No. If you receive a fixed penalty the fine is set by the government and therefore it is not negotiable. The penalty set by the government for the offence of speeding is £100 and 3 penalty points.

 

Can I pay by instalments?
Your payment must be for the full fixed penalty amount of £100. Unfortunately there is no facility for paying by instalments. Click here for additional payment information.

 

I am a new driver, will I lose my licence?
If you receive 6 or more penalty points in the first two years after gaining your full licence, it is probable that the DVLA will revoke your licence and you will have to retake your practical and theory tests again.

 

I’ve been offered a driver improvement course, what is this? 
The driver improvement courses provide the opportunity to educate low risk offenders rather than punish them with points and fines, though a fee is charged for attendance. They are aimed at educating drivers in order to change attitudes. You may still elect to take the points and fine or go to court.

 

Can I keep on attending courses to avoid accumulating points? 
No, you can only attend a course once, after that it’s points and a fine. Information on who has attended courses is held on a national database, if you attended one in a different region you will not be eligible to attend elsewhere for three years.

 

Do I have to accept a conditional offer or driver improvement course?
No, if the you wish to be dealt with by a court hearing, you can complete the relevant section and post it to the address provided with the relevant paperwork. A court date will then be notified in due course.
If you decide on this course of action, please be aware that the following arguments do not provide mitigation and that the courts have the right to increase any fine or penalty points, in addition to court costs, if you are convicted.:

  • I didn’t know that the presence of street lights indicates a 30mph limit unless otherwise signed
  • I was approaching the traffic lights too quickly to stop for a red light
  • I was unfamiliar with the road
  • I have a clean driving licence
  • I was late
  • I didn’t see any signs
  • It is my first offence
  • I was distracted at the time
  • I didn’t know about the cameras
  • The road was clear /it was late / it was early
  • The car behind me forced me to speed up
  • I was driving an unfamiliar vehicle and did not know it was subject to a different speed limit
  • The enforcement vehicle was parked illegally
  • The camera or enforcement vehicle was obscured from view
  • Speed survey data is old / shows compliance is good
  • There haven’t been many accidents at the site recently / prior to enforcement originally commencing
  • My speedometer doesn’t work / isn’t accurate

Additional information on Driver Improvement courses.

 

I received a summons from court why is this?
You will have to go to court if:

  • the recorded speed is so high that a fixed penalty is not appropriate
  • you have nine or more points on your driving licence
  • you hold a non EU driving licence
  • your licence was not valid at the time of the alleged offence
  • You have not responded to previous correspondence

 

I have received a summons, what do I need to do?
You must respond to the summons direct to the court. The contact details for the court should be shown on the summons information sent to you. If you ignore the summons, the case may be dealt with in your absence. Please note nomination of driver details cannot be accepted by the Central Process Bureau after a summons has been issued. Once a summons has been issued, the process cannot be reversed to offer a course or the fixed penalty option of a payment of the fine & penalty points.

 

What if I can’t find the documents that have been requested?
If you have lost or misplaced your licence (photocard or paper counterpart) you must apply for a duplicate immediately. You can apply for a duplicate licence online by visiting http://www.direct.gov.uk and clicking on the ‘motoring’ link. Alternatively you can obtain a D1 form from your post office.

You have 28 days from the date of service of the Conditional Offer in which to accept the fixed penalty. Any delay in applying for a new licence may jeopardise your opportunity to resolve the matter via the Conditional Offer– and you may be issued a summons for the matter to be heard by the Magistrates.

If you are applying for a new licence and you are approaching the 28 day time limit you should inform the Central Process Unit on 01274 376 818 (10am - 4pm). We may be able to arrange for a suspension to be applied to your notice.

 

What if I ignore correspondence about an alleged offence? 
If you fail to respond a court summons will be issued. It is the duty of the Police to bring alleged offences to court.

 

 

Disclaimer

The information given on this website is compiled by West Yorkshire Casualty Prevention Partnership from a variety of sources and every effort is made to ensure it is accurate. However, no liability will be accepted by West Yorkshire Casualty Prevention Partnership or its agents if it isn't.