The law requires that the notice of intended prosecution must be signed if you return the notice of intended prosecution unsigned you could be summoned to court for failing to give driver details.
If you do not respond to the notice of intended prosecution, you may be prosecuted for failure to provide details of the driver. You may also be visited by a police officer who will ask you why you have not responded to the notice.
Whilst a notice of intended prosecution must be posted to the last known address of the registered keeper of the vehicle within 14 days of the date of the alleged offence, you may have received this document after 14 days. This does not invalidate the notice as this might mean either:
Or
If you are the registered keeper of the vehicle you are legally required to supply details to identify the driver at the time of the alleged offence. It is your responsibility to know at all times who is using your vehicle.
If you have been nominated as the owner/hirer/driver of the vehicle, it means that the registered keeper of the vehicle has stated you were using the vehicle at the time of the alleged offence. Failure to supply the appropriate details as required on the notice of intended prosecution may render you liable for prosecution under Section 172 of the Road Traffic Act 1988.
Where there is a system of street lighting, the law does not allow the Highways Authority to use 30mph repeater signs. The only exception to this is roads where there is no system of street lighting, for example on rural roads. On all roads with a posted speed limit of 40mph and above, the Highways Authority has a legal requirement to place speed limit repeater signs at regular intervals. All roads in the West Midlands region meet the minimum legal signing requirements.
The visibility of a camera makes no difference to the validity of an offence. For a prosecution to take place there are only two requirements; that the correct speed limit signage is in place; and there is evidence to show an offence has been committed.
A court summons will be issued to you and the court will consider all the facts of the case including any comments and submissions you wish to make.
The standard fine is £60 plus and endorsement of 3 on your driving licence. The payment must be made in full, as the court cannot accept payment by instalments. Payment can be made by cheque or postal order or you can supply your debit/credit card details. Payments must always be accompanied with a current UK driving licence.
If you have been issued with a European Community driving licence, you can apply to the Driver and Vehicle Licensing Agency (DVLA) for a British counterpart by using a D9 form available from DVLA. This will enable payment and endorsement of the counterpart. No other international driving licences or permits can be endorsed and therefore do not meet the criteria specified by the fixed penalty procedure. The matter will therefore have to be heard at court.
You have 28 days to respond to the notice of intended prosecution and should contact DVLA immediately for a replacement driving licence.
If you have nominated a driver from abroad you will be contacted by a police officer to provide proof of insurance cover allowing your visitor to drive your vehicle.
West Midlands Police now in some circumstances offer speed awareness courses as an educational alternative to prosecution. The courses are offered by the Police to individuals subject to a specific eligibility criteria.
You have the right to challenge the offence or to plead mitigating circumstances. The only way you can do this is by choosing to have your case heard by a Magistrates Court. The opportunity will be given for you to explain in writing, without necessarily having to attend court. Remember, Magistrates have the power to increase the fine and points, if they see fit, and you may have to pay court costs. The Central Ticket Office cannot and will not enter into correspondence relating to drivers wanting to contest an offence.