You will receive a Notice of Intended Prosecution if the police believe that your vehicle was involved in an offence and the driver was not stopped at the time. This letter should tell you the details surrounding the alleged offence, including your vehicle details, date, time and location of the alleged speeding offence as well as the legal speed limit for the road in question. The notice means that the police are considering whether to commence criminal proceedings against the driver of the vehicle.
You need to provide the details of the driver of the vehicle within 28 days. If you do not return this information within 28 days you may commit an offence of failure to furnish information.
No. However, you can be convicted of an offence for failure to furnish information if you do not provide the authorities with the details of who was driving at the time.
Yes. Failure to disclose who was driving is a criminal offence.
The court can amend minor errors on the Notice of Intent to Prosecute, such as your name or address if they are small mistakes. However, if there is a large error the Notice of Intent to Prosecute may be invalid. contact one of our team who can assist you with this. 24-7LAW offers several services that may help you. We can guide you on your potential options, assist you in managing your response and even refer you to a solicitor, if you so wish. If you would like to know more about these services please click PROCEED.
You must respond within 28 days. If you do not return this information within 28 days you may commit an offence of failure to furnish information.
Not necessarily. Depending on the seriousness of the allegation you may be offered a Fixed Penalty Notice, Speed Awareness Course or the option to plead guilty by post. If you wish to challenge the allegation it is likely that you will need to defend your case in court. 24-7LAW offers several services that may help you. We can guide you on your potential options, assist you in managing your response and even refer you to a solicitor, if you so wish. If you would like to know more about these services please click PROCEED.
Not necessarily. If the Notice of Intended Prosecution alleges a more serious offence or if you have previous motoring convictions it is advisable to contact a lawyer. If you have never committed a motoring offence before, if the offence alleged in the Notice of Intended Prosecution is less serious and you do not want to challenge the facts alleged you may not need a lawyer. Try our consultation which will guide you through the process.
Unless the Notice of Intended Prosecution requests otherwise, you do not need to send any money or your driving licence at this point. All you need to do is complete the form with your details and confirming the identity of the driver of the vehicle at the time of the alleged offence.
Usually, for a minor speeding offence you will receive a Fixed Penalty Notice which offers you the opportunity to accept a fine of £60 and three penalty points on your licence. You can reject this Fixed Penalty Notice and challenge the offence in the Magistrates’ Court. If your speed was excessive (over 40% of the speed limit) you may receive a summons to attend the Magistrates’ Court.
Your completed document should be returned to the local authority dealing with alleged motoring offences. The Notice of Intended Prosecution should state where to return the forms.
