|FAQ - NIP|
Notice of Intended Prosecution (NIP)
I have received a Notice of Intended Prosecution - What now?
You have received a Notice of Intended Prosecution because you are the registered keeper or have been nominated as the driver of a vehicle alleged to have been involved in a speeding offence.
What happens if I ignore this Notice of Intended Prosecution or I cannot identify the driver?
You must not ignore this Notice. You are legally required to tell the Police who the driver was at the time of the alleged offence. It is not enough to say that you cannot remember, or that you do not know. If the information is not provided, follow up enquiries will be made by the Police and a report may be submitted to the Procurator Fiscal for consideration of a prosecution. This could result in a fine of up to £2,500 and penalty points, or you may be disqualified from driving.
What happens after I return the Notice of Intended Prosecution admitting that I was the driver?
In certain circumstances, the law allows speeding offences to be dealt with by way of a Conditional Offer of Fixed Penalty Notice (COFPN). If applicable this will be sent to you and this will give you the opportunity to pay a Fixed Penalty of £100 and have your driving licence endorsed with 3 penalty points as an alternative to court proceedings. In addition, you must have a GB driving licence or GB counterpart issued by the Driver and Vehicle Licensing Agency (DVLA) Swansea in order to comply with a COFPN.
What happens after I return the Notice of Intended Prosecution nominating another person as the driver?
The person named will be sent a Notice of Intended Prosecution. You will have fulfilled your legal requirements and Tayside Police will pursue the matter with the person named directly.
Are my human rights infringed if I respond to this Notice?
No. The Courts have ruled on this and you are legally required to provide the information.
What if there are mitigating circumstances?
Should the driver consider there are mitigating circumstances he/she must still complete and return the Notice of Intended Prosecution identifying themselves as the driver. In such circumstances Tayside Police cannot intervene and the driver may wish to seek legal advice in respect of the matter.
How do I know the speed detection equipment is accurate?
All speed detection equipment used by Tayside Safety Camera Partnership has been tested and type approved for use. All equipment is calibrated annually and trained enforcement officers carry out pre and post deployment testing during every enforcement period.
What if I want to request information?
All requests for information will be dealt with as appropriate however, the 28 day limit for responding to this Notice of Intended Prosecution cannot be extended.
Can I view the evidence?
Should you wish to view the evidence please phone Tayside Safety Camera Partnership on 01382 596378 to arrange an appointment.