Most people realise that, if they are caught speeding by the police, they will be sent a document known as a Notice of Intended Prosecution which requires the registered keeper of the vehicle to identify – within 28 days – the driver at the time the offence was committed.  Not everyone is aware that the penalty for failing to complete this Notice has increased.

In the past, many people chose not to complete the form despite knowing the identity of the driver.  Although they should not have done this, many registered keepers were prepared to accept the fine and automatic three penalty points rather than risk a successful prosecution which could attract three or six points.  This could be of particular importance to a person who was driving at high speeds but who already had six or more penalty points on his or her licence.

On 1 October 2008, the law changed so that a failure to complete the Notice now attracts a fixed penalty of six points and a fine.

Stephen Harrett, solicitor in the Criminal Department comments: “We have represented a number of clients recently who were unaware of the changes in the law and who have been caught by their misunderstanding of the penalty points system.  If a person already has points on their licence, it is very important that they take early legal advice if they receive a Notice to avoid being disqualified from driving for 6 months when this could easily have been avoided”.

Stephen Harrett can be contacted on 01639 645061.