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Identifying the driver

If you do not provide details of who was driving the vehicle at the time of the alleged offence, you could be prosecuted. This is separate to the traffic offence mentioned in the Notice and carries a maximum penalty of £1000 fine and 6 points endorsement to your driving licence.

Before contacting the Speed Enforcement Unit, check how to respond to the following situations.

I no longer own the vehicle

You can receive a Notice even if you have informed the DVLA that you are no longer the keeper of the vehicle. This is because you will still be recorded on the DVLA database as the last known keeper. The DVLA database isn’t updated until the new keeper provides the DVLA with their details. The DVLA record will not get updated if you sold your vehicle to a garage until it is resold.

  • You will need to complete the Reply to Notice form by marking box 2
  • Provide details of the person or company you sold the vehicle to

If you can’t provide information about who you sold or gave the vehicle to, you may be prosecuted. Complete the Reply to Notice Form by marking box 4 and include a letter explaining what steps you have taken to try to provide this information.

You do not need to contact the Speed Enforcement Unit.

There are multiple possible drivers

Check the Public Access System (PAS)

Check the Public Access System to view images of the alleged offence. The images will not necessarily show a face but you may be able to recognise who or what was in the vehicle at the time, which could help you identify the driver.

You will have received a PIN number to access the system with the Notice of Intended Prosecution. You can request a copy of the image by post here.

Check with all who have access

Contact all the possible drivers who have access to the vehicle to find out if they were driving. Include a copy of the Public Access System images if necessary

Check your records

Check your diary, phone records, bank statements, company records for evidence of where you were at the time of the alleged offence.

If you still can’t identify the driver

  • Complete the Reply to Notice Formby marking box 4
  • Include a letter explaining there are multiple possible drivers with access to the vehicle, who they are and what steps you have taken to try and identify the driver

You do not need to contact the Speed Enforcement Unit.

The vehicle is owned by a company and there are no/insufficient records

If a company is not able to provide the driver’s details, they could be prosecuted.

Although there would be no driving licence endorsement, they could be fined up to £1000.

A company cannot use the defence that they used reasonable diligence in trying to identify the driver as a person can. At a trial, the company would have to convince the court that it was not reasonable for them to have kept adequate records to identify the driver.

If you still can’t identify the driver

  • Complete the Reply to Notice form by marking box 4
  • Include a letter explaining why you don’t have company records or insufficient records to identify the driver and provide details of all the possible drivers

It was not my vehicle at the scene of the offence

Check the Public Access System (PAS)

Check the Public Access System to view images of the alleged offence and see if the vehicle matches yours.

You will have received a PIN number to access the system with the Notice of Intended Prosecution. You can request a copy of the image by post from the Speed Enforcement Unit.

Check your records

Check your diary, phone records, bank statements, company records for evidence of where the vehicle was at the time of the alleged offence.

If you still believe your vehicle was not at the scene of the offence

  • Complete the Reply to Notice form by marking box 3
  • Include a letter explaining why you think your vehicle wasn’t there
  • Include any evidence you have of its whereabouts as well as clear photographs of the vehicle’s front and rear and any differences you have noted with the vehicle shown in the PAS offence images

Contact the Speed Enforcement Unit

If your query relates to any other situation, contact the Speed Enforcement Unit.

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