Caught on camera?

You have received this notice because you are the owner/registered keeper/hirer or nominated driver of a vehicle alleged to have been detected committing a speeding or red traffic light offence.

This allegation is supported by video/photographic evidence.

The purpose of a NIP is to inform a potential defendant that they may be prosecuted for an offence they have committed, whilst the incident is still fresh in their memory.

When you receive a NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP includes a request under Section 177 of the Road Traffic NI Order 1981 for the addressee to provide details of who was driving during the alleged offence.

The first notice will have been issued to the registered keeper of the vehicle to arrive within 14 days of the alleged offence. The NIP is sent to the details held by the DVLA. In either case, so long as it is served to the relevant address within the 14-day time limit, the notice is valid. Delays in receiving your NIP due to the postal service will not invalidate a NIP.

If you have received a notice outside of the 14 day period it is likely you have been nominated as the driver by someone else. You still have a responsibility to respond to the Section 172 requirement for information within the specified time.

If the registered keeper has changed address/not informed the DVLA etc., as long as the NIP is served to the registered keepers address details held at the DVLA within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver may then receive further paperwork in due course, however, this is not to be confused with the first NIP, which is legally required to be served with the 14 days.

It is a legal requirement under Section 177 of the Road Traffic NI Order 1981 for the owner/keeper/hirer or any other person with knowledge of the vehicle to supply information of the driver, whether it is themselves or another person. Failure to do so may result in a prosecution.

If you are the registered keeper of the vehicle you have a legal obligation 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 provide this information you could and should have provided can render you liable for prosecution under Section 177 of the Road Traffic NI Order 1981.

If no reply or an unsatisfactory response is received then the addressee of the Notice may be prosecuted for the offence of Failing to Supply Drivers Details.

This is separate to the original traffic offence and carries a maximum penalty of a £1,000 fine and 6 penalty point endorsement or disqualification at the discretion of the courts.

In this instance you may be requested to provide proof that the person exists, was in the country at the time of the offence and that the driver has returned abroad or has gone abroad for an indefinite period.

You may also be requested to prove that the person was insured to drive the vehicle at the time of the offence. If you are unable to provide this information you may still be prosecuted for failure to supply the details of the driver or Permitting No Insurance.

I was the driver:

• If you were the driver you should tick yes in ‘Part A’
• Tick yes if the name and address at the top of the notice are correct
• If they are not correct, tick no and complete ‘Part D’ with the correct details
• ‘Part B’ should be completed if you wish to be considered for the Speed Awareness Course. Please include your Driving Licence number and date of birth.
• Also ensure to sign and date the declaration in ‘Part E'

I was not the driver:

• You have a legal obligation to supply information regarding the driver/keeper
• If you were NOT the driver you should tick no in ‘Part A’ then move to ‘Part C’ and tick the box which is applicable
• Complete Part D with your nominated driver/keeper details ensuring to sign and date the declaration in ‘Part E’
• Please note if a Notice is addressed to a company, the driver of the vehicle cannot complete or sign the notice. This must be done by another representative of the company
• Return using pre addressed envelope (POSTAGE STAMP IS REQUIRED)
• The driver will then receive a Notice of Intended Prosecution in their own name

I was not the owner, keeper, hirer or nominated driver at the time of the alleged offence – why have I received a notice?

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

If you have nominated a person or Company they will receive their own NIP and request under Section 172.

If you were the driver, dependent on the recorded speed of the vehicle, the number of Penalty Points you may have on your licence and whether you have attended a Driver Education Workshop within 3 years of the offence date you will be considered for one of the following options:

Driver Education Workshop – See below for further information.

Conditional Offer – See below for further information.

OR

Served a Court Summons 

If the matter is referred to the Magistrates Court you will be served with a Single Justice Court Summons along with a copy of the evidence that the Prosecution will rely on.

The Single Justice Notice will provide you with further information detailing the Plea options available to you and how you can advise the Courts of your intended plea.

Due to current legislation, you cannot make an admission online. Please scan a clear copy and return by email to [email protected] or alternatively you can return the completed Notice by post in the enclosed, addressed envelope. 

Please ensure you affix a stamp to the envelope.

Photographic evidence is not supplied as a matter of course; however it may be used in any subsequent court hearing. You should only request the evidence of an offence to establish the identity of the driver if you believe you were not the driver at the time of the offence. We are not obliged to disclose evidence unless requested for court, however, we do so to assist the motorist. The purpose of the images is to identify the vehicle and will not necessarily identify who was driving at the time of the offence. 

It is the registered keeper's responsibility to know/name whom was driving the vehicle. 

Please email the Northern Ireland Road Safety Partnership and request the camera details and this can be supplied. Calibration certificates are all published on the website. 

All operators complete a period of training and mentoring before being signed off as competent. 
 

If you plead guilty, the Magistrates’ Court will consider the offence and your financial circumstances to determine the fine you will be ordered to pay and the number of penalty points to be endorsed on your driving licence. If your case proceeds to trial and you are found guilty, the fine and prosecution costs may be considerably higher.

Please be aware that the Northern Ireland Road Safety Partnership is unable to alter or cancel any offence once it has been committed, regardless of the circumstances. However, you do have the right to challenge the offence in court. In order to do this you must still comply with our paperwork.

The Speed Awareness Course an educational alternative to the fine and penalty points. A course will be offered if a driver meets the eligibility criteria. Those who are eligible will receive an offer letter from the NI Road Safety Partnership which will contain details of course providers. These courses can be completed online or you can choose to attend an in-person course.

If you meet the requirements below and you are willing to accept the Fixed Penalty fine of £60 and an additional Offender Levy of £5, applicable to all Endorsable offences where an offender is 18 and over. 

All payments for offenders 18 and over should therefore be £65. 

Fixed Penalty for Under 18 will be £60.

To meet the requirements to enable you to accept this offer you must have no more than 8 current penalty points endorsed on your driving licence. If your licence has been endorsed with 9 or more penalty points within the last 3 years (from the date of offence) you may now be liable for disqualification and so you will not be able to avail of the fixed penalty offer. In such circumstances you should complete Section B of the Conditional Offer.

Provided that you meet the above criteria, you must send your licence (both parts of the licence are required if applicable), and full payment along with your notice number to:

The Fixed Penalty Office
Laganside Courts
45 Oxford Street
Belfast
BT1 3LL

Please ensure that cheques and postal orders are made payable to HMCTS along with your Notice Number written on the reverse. Do not send cash through the post. You should take appropriate care to ensure the correct postage has been paid. NI Courts & tribunal Service is not responsible for items that, due to insufficient postage, have not been delivered to NI Courts & tribunal Service.

The current opening times for the Laganside Fixed Penalty Office is: Monday to Friday 9.30am to 4.30pm - Telephone: 0300 200 7812.
 

You have 28 days 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 referred to Magistrates’ Court instead.

If you have not received a new licence from DVLNI within 14 days of submitting a request you should contact them immediately
 

Yes, the current opening times for the Laganside Fixed Penalty Office is: Monday to Friday 9.30am to 4.30pm.
 

No, your payment must be for the full fixed penalty amount; unfortunately there is no facility for paying by instalments. 

Please note, underpayments will not be accepted and overpayments will lead to a delay in processing your fixed penalty acceptance which risks the matter being referred to the Magistrates’ Court.
 

If you receive a fixed penalty the fine is set by the government and is non-negotiable

A driver can hold up to 11 live points, and still be permitted to drive. A speed awareness course may still be offered, if you meet the criteria.  

If this offence will bring your points total above 12 points, it will be referred to the Public Prosecution Service, as it cannot be dealt with under the Fixed Penalty System.

If you reach 6 or more penalty points within 2 years of passing your test the DVLNI will automatically revoke your licence on being notified by NICTS who have a legal obligation to forward your licence to the DVLNI in Coleraine; if they make the decision to revoke your licence you will have to obtain a provisional licence and drive as a learner until you have retaken both the theory and practical tests to regain your full driving licence.
 

The fine payment and points take up to 2 weeks to process, this is done at the Fixed Penalty Office at her Majesty’s Court Courts Service in Loughborough.

If your licence has not been returned within 8 weeks after you have paid the fixed penalty you should write to The Fixed Penalty Office, Laganside Courts, 45 Oxford Street, Belfast, BT1 3LL. quoting reference number of this notice.