IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY

Communications (e.g. letters, e-mails and telephone calls) in relation to the following issues will not be accepted for reason for speeding or running a red light and will not receive a reply

I did not know the road                       The road was clear late morning/night            The car behind                  

I did not see the signs                           I have a clean licence                                        Forced me to speed

I did not know cameras operated       I was distracted                                                 The camera may be in the area                             

It is my first offence                              Faulty                                                                  I was late for appointment                                             

Q1          Why have I received the notice of intended prosecution?

You have received the notice of intended prosecution as you are the owner/registered keeper of the vehicle shown on the form or you have been nominated as the driver of it at the time of the alleged offence.

Q2        What do I need to do with the notice of intended prosecution?

Read the form carefully and then fill in the sections that you have been asked to complete. Within 28 days,  send the completed form by post to the address shown – Road Safety Bureau, Spennymoor Police Station, Wesleyan Road, Spennymoor, Co Durham DL16 6FB

Part 5 must be completed in all cases.

Nominating someone else, quickest way is online via the website as follows https://durhamstopspeeding.com check the notice of intended procecution for direction from there.

Q3         What happens if I ignore this request for information?

If you did not return the form at all, you would have committed the offence of fail to furnish regardless of what you did or did not know about who the driver may have been

Q4        My notice arrived more than 14 days after the alleged offence. Shouldn’t I have been notified within that time scale?

The initial Notice of Intended Prosecution will be issued within 14 days of an alleged offence. It will be sent to the registered keeper, the details of which are held by the DVLA. If you have received a notice after this time period it is likely to be because you have been nominated as the driver by the registered keeper, you are a new owner, have hired the vehicle, or DVLA have not updated their records due to an address change. The registered keeper has an obligation to keep the DVLA up to date with their current address. The registered keeper not updating their address with the DVLA does not negate the notice.

Q5        What if I don’t know who was driving?

If you are the owner of the vehicle you have a duty to identify the driver of the vehicle. Failure to provide the information is a separate offence and may result in the registered keeper, nominated driver, or company being taken to court which can lead to a fine of up to £1000 and 6 penalty points.

Q6        The vehicle was being driven by one of my employees. What do I do next?

As the employer you have a duty to identify the driver of the vehicle in question. Your company car logs or records should help. Failure to provide this information will result in your company being taken to court which can lead to a fine of up to £1000 and 6 penalty points.

Q7         What happens if I ignore the notice?

Failure to provide the information is a separate offence and may result in the registered keeper, nominated driver, or company being taken to court which can lead to a fine of up to £1000 and 6 penalty points.

Q8          I had sold the vehicle at the time of the offence – why have I received a notice?

The registered keeper details for this vehicle have been obtained from the DVLA so it may be they have not been received or processed notification of the transfer/sale; please provide details of the person or company that bought your vehicle in section B and C of the enclosed form. It may be also advisable for you to contact the DVLA to ensure records are updated

Q9        What happens next if I was the driver?

In relation to a speeding offence there are 3 options.

1. Speed awareness course
2. Fixed penalty notice 3 penalty points and a fine of £100
3. Court Summons

Q10       Can I see photographs of the driver?

We are under no obligation to provide photographic evidence at this stage; however, we appreciate that cases can be dealt with more quickly if there is a photograph. The photograph is to identify the vehicle, not the driver and as such, there may not be a clear view of the driver. It is the responsibility of the registered keeper, not Durham Police, to identify who was driving the vehicle.

These photographs can be view on the website as follows: https:// durhamstopspeeding.com       

Q11       I do not believe that I have committed the offence. What should I do?

You must still complete the driver admission part of the enclosed form. You are only admitting to being the driver, not to the offence. We will not enter into any correspondence about the offence until we know we are dealing with the driver, nor will we try the case in correspondence. If you wish to challenge the allegation, you will have the opportunity to do so by refusing any offer of a course or a fixed penalty and asking for a court hearing. We strongly advise you taking legal advice before doing so.

Q12      Where can I find legal advice?

You should seek legal advice from a reputable and qualified legal advisor. There is a great deal of advice on the internet regarding safety camera speed enforcement, much of which is incorrect most sites carry a disclaimer to absolve them for any actions you take as a result of their advice.

Q13        Can I have a caution?

Durham Constabulary do not offer cautions for safety camera offences. For example, in speeding cases we allow a margin of tolerances by not processing offences where the speed limit is exceeded by less than 10% + 2 mph. IE in a 30 mph limit the lowest speed we will process is 35 mph.

Q14       Can I return my documents via e-mail?

No we are unable to accept S172 forms electronically and you must still complete , sign and return your form to us via  the Royal Mail , We can accept nominations of other people as being possible drivers but not you admission  it was not you.

Q15       What will you do with the information that I provide?

If you have named yourself as the driver, you will hear further from us. If you have said that someone else is driving, we will write to them, but may contact you again if they dispute what you have said of it appears there was no insurance covering their use or they cannot be traced.

Can I have a Speed Awareness Course?

Durham Constabulary, in association with our approved service provider, recognise the benefits of educating drivers as an alternative to prosecution. When we receive your completed form we will check whether you are eligible for a Speed Awareness Course. We must have your driving licence number to conduct this check.

You will be eligible for a course if:

You have admitted being the driver of the vehicle at the time of the alleged offence. 

You have not attended a speed awareness course within the 3 years prior to the current offence.

You were driving at a speed shown below.

In a 30 mph speed limit 35 mph to 42 mph inclusive

In a 40 mph speed limit 46 mph to 53 mph inclusive

In a 50 mph speed limit 57 mph to 64 mph inclusive

In a 60 mph speed limit 68 mph to 75 mph inclusive

In a 70 mph speed limit 79 mph to 86 mph inclusive

Should you receive paperwork to state you have been offered a course, you must contact the course provider for your chosen area from the list provided within your course offer paperwork to make payment for the course therefore securing your place. Please note most course providers offer online courses, therefore if you are unable to secure a place within your local area, you may wish to contact an alternative provider from the list.

Fixed penalty notice

If you do not qualify for a speed awareness course or choose not to do complete it you will be given a conditional offer of a fixed penalty notice which will result in penalty points on your driving licence and a fine.

You will receive a conditional offer of a fixed penalty notice if you:

Do not qualify for the speed awareness course

Choose not to complete the speed awareness course

You were driving at a speed shown below:

In a 30 mph speed limit 35 mph to 49 mph inclusive

In a 40 mph speed limit 46 mph to 65 mph inclusive

In a 50 mph speed limit 57 mph to 75mph inclusive

In a 60 mph speed limit 68 mph to 85mph inclusive

In a 70 mph speed limit79 mph to 95 mph inclusive

Court appearance:

You may be summonsed to court if:

You do not comply with the conditional offer.

You elect to have the case heard in court.

You were driving at a speed greater than is allowed for a conditional offer.

You ignore the notice of intended prosecution.