Frequently Asked Questions
How do I respond to my Notice of Intended Prosecution/ Section 172?
You may provide the driver details either online or via post.
Online:
Please log in using the PIN number on the front of the Notice of Intended Prosecution.Driver Admission: If the form is addressed to you and you were the driver, click on the 'I WAS DRIVING' tab and complete the required information.
Driver Nomination: If you were not the driver, or the form is addressed to a company, you must nominate the driver. Click on the 'I WAS NOT DRIVING' tab and complete the required information.
By completing the driver details online, there will be no requirement for you to return the section 172 Requirement for Driver Details form by post, unless we contact you further should we have any questions regarding the driver details provided.
By Post:
Driver Admission: If the form is addressed to you and you were the driver, complete Section A with your full name, address, driving licence number, date of birth and signature.
Driver Nomination: If you were not the driver, or the form is addressed to a company, you must nominate the driver by completing Section B and C with the full details of the driver. You must also provide your signature.
Return the completed form by post to:
Surrey Police, Safety Camera Unit, PO Box 930, Guildford, Surrey, GU4 8WU
Please note:
By completing a driver admission you are only admitting to being the driver, not to the alleged offence.
Can I see the photographic evidence?
Photographs of the alleged offence are provided to view online.
If you wish to challenge the allegation in the Magistrates court, the photographs will form part of the Police evidence and in such cases the defendant will be provided with copies.
I do not know who was driving. What should I do?
It is the responsibility of the vehicle keeper to provide details of the driver at the time of the alleged offence. If you are not the keeper, you must provide any information which is in your power to give, which may lead to the identification of the driver.
It is not sufficient to simply say “I do not know who was driving” and any reason for failing to supply the information above must be provided with any documentary evidence available. If you fail to or are unable to provide full and precise details of the user/driver without good reason, this may lead to consideration to prosecute.
How do I identify the driver if I don’t know who was driving?
The photographs are available via the Surrey Public Access System (PAS) and might assist, however you should note that the evidence is to prove the offence not to identify the driver, which is the responsibility of the user/keeper.
The person driving at the time of the alleged offence lives outside of the UK.
If you are nominating a driver from outside of the UK, you must provide their full name, postal address (including country of residence), date of birth and contact details such as phone number and email address.
If you nominate a foreign driver you may also be required to provide evidence of third-party insurance cover. A vehicle registered at DVLA must have insurance cover issued by UK Motor Insurers Bureau.
How do I complete the NIP/172 if the notice has been sent to a company?
You can either complete the nomination online or complete Section B and C of the form with the name and address of the driver and return it to the Surrey Safety Camera Unit (address details on paperwork).
Do not hand the form to the driver to complete as they will be sent their own form specifically addressed to them.
What happens if I ignore the notice and do not respond?
Under the requirements of Section 172 of the Road Traffic Act 1988 you are required to provide the information requested within 28 days. If you fail to comply with this requirement, consideration will be given to prosecuting you for the offence of failing to supply information. On conviction this offence carries a fine and a mandatory 6 penalty point endorsement.
What will the penalty be?
If you are the driver, once we have received your signed admission you will be notified of the options available to you.
The fixed penalty fine for speeding and red light offences is £100 and 3 penalty points, but in some circumstances you may be eligible to attend a safety awareness course as an alternative to prosecution. This would entail paying a fee to a course provider and, providing the course is completed, you would not be fined for the offence and no penalty points would be applied to your licence. The offer of a course is made based on criteria and eligibility and you will not be able to influence that decision by contacting us or submitting mitigation. There is no entitlement to a course.
NB: If you are completing the s172 form as the driver you must provide your driving licence number in Section A as we cannot offer a course without these details.
If the alleged offence is of high excess speed or red light time, you will not be eligible for a safety awareness course or fixed penalty and the matter will automatically be dealt with by way of a Court Hearing.
What factors are considered when deciding whether to offer a Safety Awareness course?
The speed or red-light time, whether the driver has attended a course of the same type in the previous three years, the length of time taken to identify the driver and any other extenuating factors.
For speeding offences, only those marginally exceeding the speed limit would be considered and for red light offences only those with a low red-light time.
I believe I have received the Notice outside of the 14 days. How should I proceed?
A Notice of Intended Prosecution/s172 requirement will have been served on the registered keeper of the vehicle, as per DVLA records, within 14 days of the date of the alleged offence to meet the statutory requirement. If you are not the registered keeper, i.e. you were driving a company car, lease car, hire car, a vehicle belonging to somebody else then it may have taken us longer to contact you.
If you have received a notice outside 14 days then you are the nominated driver and you are required by law to respond to the s.172 request for driver information within the timescales provided.
The DVLA may not hold the correct or current details of the registered keeper. It may therefore be advisable for you to contact the DVLA to ensure their records are updated.
I did not know the speed limit and there were no signs.
Roads that have a 'system of street lighting' are all subject to a 30mph speed limit unless there are signs to the contrary (please refer to the Highway Code).
The setting of the speed limits and the placing of signage is the responsibility of the local authority; Surrey County Council Roads and Transport, they can be contacted on 0300 200 1003.
How do I know the camera was working correctly?
Our cameras have Home Office Type Approval, as required by Section 20 of the Road Traffic Offenders Act 1988. They are calibrated, checked and operated within manufacturer's guidelines.
Calibration certificates may be viewed online via the Surrey Public Access System (PAS).
My vehicle was not in the location specified at the time of the alleged offence.
If you believe your vehicle may have been cloned, please write to the Surrey Safety Camera Unit at the address shown on the notice, enclosing photographs of the front, rear and sides of your vehicle, along with a close-up image of the vehicle registration plate and further enquiries will be instigated.
I think I have good reason for breaking the speed limit/contravening a red traffic light. Can I contest this?
You have a right to challenge the allegation in the courts. If you are found guilty, then Magistrates will determine any fine and points that are to be endorsed.
NB: The Magistrate will not be able to offer a Safety Awareness course.
An unblemished driving record, being unfamiliar with vehicle or area, time of day, inappropriate speed limits etc. are not valid reasons to discontinue the matter. You would have the opportunity to put any mitigation you may have to the court once a summons has been issued.
The offer of a course is made based on criteria and eligibility once a signed admission has been received. You will not be able to influence that decision by contacting us or submitting mitigation. There is no entitlement to a course.
How long do I have to attend the course?
You must book the Safety Awareness Course within 28 days from the date of the offer letter. You must attend the Safety Awareness Course within 4 months of the offence date. Failure to complete the course may result in the case being passed to the Magistrates Court.
Please note, Surrey Police retain the right to withdraw a course offer, at any time, up to the point that you have successfully completed the course.
What do I do the day of the course?
We recommend you arrive/ log-in 15 minutes before the start of the course and have with you, your full joining instructions and photographic I.D (such as driving licence or passport).
What if I am unable to attend the course?
If you are unable to attend the course, for any reason, we recommend you rebook as soon as possible. If you are unable to rebook within the required timescale, please advise Surrey Safety Camera Partnership.
Please note, rescheduling fees may apply.
What happens if I arrive late to my course?
You must arrive in good time or you may be refused entry to the course, in which case you must rebook immediately; subject to availability and rescheduling fees. Please contact you chosen provider for more information.
Do I need to inform Surrey Police that I have attended the course?
No, the course provider will advise the Police and no further action will be taken in respect of the original offence.
If I offend again, can I attend another course?
You cannot attend another course of the same type within 3 years of the first offence date.
Can I pay by instalments?
Yes; some course providers do offer payment via instalments. Please contact your chosen provider for further information regarding payment.
What happens to my details?
The information you provide in response to the Notice of Intended Prosecution (Surrey Police) will be used for law enforcement purposes under Part 3 of the Data Protection Act 2018; specifically to check the National Driver Offender Retraining database for your eligibility for a retraining course following a road traffic offence. This system is managed on our behalf by UKROEd Ltd (Company Nr: 08773977; www.ukroed.org.uk). If you complete a course, your details will be retained for 3 and a half years. It will be used to decide if you will be offered a course, should a similar offence occur in the future. You can learn more about how we use your personal data at https://offer.ndors.org.uk. Visit the ICO at www.ico.org.uk to learn more about your information rights.
How do I decline the offer of the Safety Awareness Course?
To decline an offer of a Safety Awareness Course, please select either option 1 or 3 detailed on the first page of your offer letter.
Where do I send my driving licence details form?
To HMCTS Regional FPO, The Conditional Offer Unit, P.O. Box 5992, Southend on Sea, Essex, SS1 9PX
Cheques should be made payable to HMCTS.
Tel: 01702 283860 Email: es-fixedpenalty@justice.gov.uk
Please DO NOT send your payment or driving licence details form to Surrey Police.
I do not have a driving licence issued by DVLA, Swansea can I take up the Conditional Offer?
Yes, you must provide the required details under "I am a Non-GB Licence Holder" on Step 2 on the Fixed Penalty document.
On submitting your licence details and making payment, notification of the driving licence endorsement will be sent to the Driver and Vehicle Licensing Agency (DVLA).
What is the 24-Hour automated payment line telephone number?
0300 1231 481 or you can make payment online at penaltynotice.homeoffice.gov.uk
I already hold 9 penalty points on my licence, what should I do?
If the penalty for this offence would result in your total current points being 12 or more, then the Fixed Penalty procedure will not be available to you and you must contact the Surrey Safety Camera Unit to advise and the offence will then be reverted to court action.
If you have already paid and submitted your licence details, you will be notified if this is the case and your payment will be refunded. You will then receive notification of the Court process in due course.
You can view your driving licence information at: https://gov.uk/view-driving-licence
I am a new driver (within 2 years of passing my test) and already hold 3 penalty points.
If you reach 6 or more penalty points within two years of passing your driving test (the probationary period) the DVLA will revoke your licence on being notified of the endorsement. Penalty points counting towards the total of 6 include any you incurred before passing the test, as long as the offence(s) took place not more than 3 years before the Fixed Penalty offence.
If it is the case that your licence is revoked under the provisions of The Road Traffic (New Drivers) Act 1995 then you will have to obtain a provisional licence, drive as a learner and pass the theory and practical test again in order to regain your full driving licence.
My GB driving licence is expired, lost or requiring a name change. How should I proceed?
If you need to apply for a replacement GB driving licence in order to provide your licence details within the time limit specified and take up this offer of a Fixed Penalty, then you can do so via one of the following options:
- Online - By visiting the following GOV.UK link - www.gov.uk/apply-online-to-replace-a-driving-licence
- Post - By completing a form D1 'Application for a Driving Licence' available from most Post Offices
- Phone - By ringing 0300 790 6801 (Mon – Fri: 08:00- 19:00, Sat: 08:00 – 14:00 / subject to change). This option is only available if your licence details have not changed.
More information about driving licences can be found by visiting: gov.uk/browse/driving/driving-licences
How is Speed Enforcement carried out on Smart Motorways?
Speeding offences on England's motorway are recorded by the National Highways system called HADECS (Highways Automatic Digital Enforcement Camera System). In Surrey, these cameras are in situ on the M25 and the M3 and they have the necessary Home Office Type Approval which allows its use for enforcement purposes.
How does HADECS work?
HADECS cameras are used in conjunction with variable and national speed limits and operate using radar technology for speed detection.
There is a system of variable speed limits indicated to the motorist by Advanced Motorway Indicators (AMI); the system uses a number of video cameras, known as External Aspect Verification Cameras (EAV), that detect the state of the AMI and any speed limit sign displayed to automatically set the speed limit enforced by the speedmeter.
Why did the speed limit change from the National Speed Limit?
- National Highways are responsible for the setting of speed limits, NOT Surrey Police.
- Variable speed limits may be triggered automatically when MIDAS sensors show that the traffic flow has reached critical limits. The reason for this is to slow vehicles and ease congestion.
- They are also manually activated if there is an incident ahead so that vehicles can be slowed some distance back, holding the traffic back and bringing it slowly towards the location whilst the incident is being cleared.
- Surrey Police DO NOT HOLD information as to why the speed limit changed, however if a limit is displayed (not necessarily over each individual lane) it must be complied with.
- Only contact National Highways to request information on why speed limits have changed or why a Red X is showing. Telephone: 0300 123 5000 or email: info@nationalhighways.co.uk
*Please note: National Highways will not be able to discuss details of an offence.
The speed limit changed as I passed under the speed limit sign, so I had no time to reduce my speed.
Drivers are not expected to brake sharply, but rather to reduce their speed. Therefore, when a mandatory speed limit changes on the overhead AMI, there is sufficient time to slow down before enforcement begins against the newly displayed limit.
The Red 'X' appeared as I passed under the gantry?
When a mandatory Red X signal appears on the overhead AMI, drivers have sufficient time to react before enforcement begins. Drivers must move out of this lane and not enter back into the lane until a sign indicates the lane is open again. This is indicated by a speed limit (either a national speed limit sign or a variable speed limit) or a message informing of the end of the restriction.
What if there is a fault with the system?
There are built in safeguards which prevent the camera from activating if there is a critical fault. The system is designed to ensure it will only capture an offence when the equipment is working correctly; this is a requirement of Home Office Type Approval.
Who are the National Driver Retraining Scheme providers?
NATIONAL DRIVER RETRAINING SCHEME PROVIDERS
| Area | Supplier | Tel.# | SCD | NSAC | WDU | NRRAC | NMAC |
|---|---|---|---|---|---|---|---|
| Avon & Somerset | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Bedfordshire | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Cambridgeshire | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Cheshire | Cheshire Constabulary | 01606 363700 | ? | ? | ? | ? | |
| Cleveland | Hartlepool Borough Council | 01429 523803 | ? | ? | ? | ||
| Cumbria | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Derbyshire | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Devon & Cornwall | TTC | 0330 024 1805 | ? | ? | ? | ? | |
| Durham | Hartlepool Borough Council | 01429 523803 | ? | ? | ? | ||
| Dyfed-Powys | Dyfed-Powys Police | 01267 226479 | ? | ? | ? | ? | ? |
| Essex | Safer Essex Roads Partnership | 03330 137590 | ? | ? | ? | ? | ? |
| Gloucestershire | Driver Education Gloucestershire | 01452 754562 | ? | ? | ? | ? | ? |
| Gwent | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Hampshire | Hampshire Police | 02380 478700 | ? | ? | ? | ? | ? |
| Hertfordshire | Hertfordshire County Council | 0300 123 4035 | ? | ? | ? | ? | ? |
| Humberside | Safer Roads Humber | 01482 399065 | ? | ? | ? | ? | ? |
| Kent | Kent County Council | 0300 041 8282 | ? | ? | ? | ? | ? |
| Lancashire | Lancashire Constabulary | 01772 410950 | ? | ? | ? | ? | ? |
| Leicestershire | Leicestershire County Council | 0116 305 8787 | ? | ? | ? | ? | ? |
| Lincolnshire | Lincolnshire County Council | 01522 782068 (NSAC only) / 01522 212314 (all other courses) | ? | ? | ? | ? | ? |
| London | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| London, Transport for | TTC | 0333 070 5977 | ? | ||||
| Manchester | DriveSafe | 0300 123 1518 | ? | ? | ? | ? | ? |
| Merseyside | Drivetech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Norfolk | Norfolk County Council | 01603 638136 | ? | ? | ? | ? | |
| North Wales | TTC | 0330 024 1805 | ? | ? | ? | ? | |
| North Yorkshire | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Northamptonshire | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Northern Ireland | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ||
| Northumbria | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Nottinghamshire | Safer Roads for Nottinghamshire | 0115 844 5929 | ? | ? | ? | ||
| Scotland | TTC | 0330 024 1805 | ? | ||||
| South Wales | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| South Yorkshire | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Staffordshire | Staffordshire County Council | 0300 111 8012 | ? | ? | ? | ||
| Suffolk | Suffolk County Council | 0345 600 1291 | ? | ? | ? | ? | |
| Surrey | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Sussex | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Thames Valley | DriveTech (UK) Limited | 0344 264 6323 | ? | ? | ? | ? | ? |
| Warwickshire | Warwickshire County Council | 01926 412990 | ? | ? | ? | ? | ? |
| West Mercia | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| West Midlands | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| West Yorkshire | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |
| Wiltshire | TTC | 0330 024 1805 | ? | ? | ? | ? | ? |