Frequently Asked Questions
Notice of Intended Prosecution questions
Why have I received a Notice of Intended Prosecution (NIP)?
You have received the NIP because you are either the registered keeper or because you have been named as the driver of the vehicle at the time of an alleged speeding or red traffic light offence.
How many points am I allowed on my licence?
If you gain 12 or more points within a three year period you may be disqualified. If you are a new driver you may lose your licence if you gain more than six points within two years. Points remain on your licence until four years after the offence and can only be removed by the DVLA.
I want to see the evidence
The Partnership holds photographic evidence for every alleged offence. To request a copy of the photographs for your alleged offence please write to us, stating your offence number. We will not issue the evidence as a result of a telephone conversation. Alternatively you can view the evidence at the Partnership’s office. Check out our opening hours.
Please note that photographs can only be provided to the registered keeper, named driver, or legal representative (with written authority). Please note also that requests made under the Freedom of Information (Scotland) Act 2002 for photographic evidence are likely to attract appropriate exemptions in respect of investigations and personal information.
All safety cameras are calibrated annually, this ensures that the cameras are accurate. Calibration certificates are available for every camera. These are available on our website or you can write to the Partnership and a copy can be sent to you.
What happens after I return the Notice of Intended Prosecution?
If you have completed part one, naming yourself as the driver you may be issued with a Conditional Offer of Fixed Penalty (CO). You will not be issued with a CO if you were travelling at high speed. Instead a report will be submitted to the Procurator Fiscal for consideration of prosecution.
If you have completed part two, naming someone else as the driver we will then send a NIP to them, asking that they complete part one if they were the driver. We may have to contact you if they deny they were the driver. We may ask you for proof that they were the driver, such as a logbook.
What happens if I can’t name the driver?
As the registered keeper you are required by law to tell the Police who the driver was at the time of the alleged offence. It is not enough to say that you can’t remember. If a driver is not named for the time of the alleged offence a police enquiry will be carried out. If the registered keeper still can’t name who the driver was a report will be issued to the Procurator Fiscal for prosecution.
If you do not declare who was driving at the time of the offence, this will create a new offence under Section 172 of the Road Traffic Act 1988 and can incur six penalty points being added to you driving licence and a fine of up to £1000.
What happens if the driver is no longer in the country?
In this case you need to prove that the person exists and was in the country at the time of the alleged offence.
We will also expect to see a certificate of motor insurance to prove that the person was insured to drive the vehicle at the time of the offence. You are required to provide written confirmation that the driver has returned abroad or has gone abroad for an indefinite period. This office will then take appropriate action.
What if I want to challenge the alleged offence?
Please be aware that the Partnership CANNOT cancel an offence regardless of circumstances. However, you do have the right to challenge the offence in court. In order to do this you must still complete the NIP. Once you have received the CO you can choose not to accept the three points and the £60 fine. A report will then be submitted to the Procurator Fiscal for consideration of prosecution. Please be aware that the court has the right to increase the fine and points.