- Where do I find my offence Notice Number?
- You should find this in large print on the Notice of Intended Prosecution/S.172 Requirement of Information you received through the post, under the heading Notice Number.
- Why can I not access the Road Safety Portal to view offence images and Reply to Notice?
- Use the Notice Number and your Security PIN to access the Portal. - If you are having difficulty logging in, it may take 24-36hrs from the day of the Notice issue date, to upload to the portal and allow access. There may be a similar delay to view offence images. In which case try again later. If your default phone browser has difficulty logging in, try an alternative browser.
- Why have I been sent this notice?
- We have photographic evidence of a vehicle exceeding the speed limit or contravening a red light/red X. Either the DVLA has you recorded as the registered keeper of the vehicle or the Insurance policy holder. Alternatively, it may be through lines of enquiry you have been nominated as the driver or person responsible for the vehicle.
- What if I ignore the Notice?
- This notice is a legal requirement under section 172 of the Road Traffic Act 1988, if you choose to ignore the Notice then you may be summonsed to appear in Court for the offence of failing to provide driver details. This is likely to result in a significantly higher penalty than the original traffic offence and carries a maximum penalty of 6 points and a £1000 fine (£2,500 on a Motorway).
- I didn’t receive the Notice within 14 days
- The requirement to serve within 14 days only applies to the first Notice issued to the details held by the DVLA. If you have been subsequently nominated by another party/company, or your current address has not been updated at DVLA, then this may be why you have received a notice after this period. In these circumstances, this request for driver information is still a legal duty, and you are required to respond.
- What should I do if the person I am nominating lives abroad?
- You will not be able to complete an online nomination, you will need to reply to the Notice of Intended Prosecution/S.172 Requirement of Information providing the driver details, as well as evidence that they were in the country at the time of the alleged offence. Provide a copy of the insurance policing confirming they were insured permitting them to drive the vehicle at the time, along with a copy of the driver’s licence. You cannot use the online portal and must complete and return the Notice of Intended Prosecution/S.172 Requirement of Information form. The form can be sent via email to RPS@essex.police.uk, quoting the Notice Number. Alternatively post it to the address on the top right hand side of the Notice.
- What is an electronic signature?
- You will not be able to submit your nomination without completing the electronic signature field and ticking the box confirming that you are the person/company representative that this letter is addressed. By doing this, it ensures you understand that the information you are providing is true to the best of your knowledge and belief and knowing that if the information is tended in evidence, you shall be liable to prosecution if you wilfully state that which you know to be false and do not believe to be true. Without this, you have not complied with the (CJ Act 1967, s9) (M.C. Act, ss5A 3A and 6B).
If you are making an admission, you are confirming you understand that you are submitting the online form in response to Section A of the Notice of Intended Prosecution/S.172 Requirement of Information to confirm you were the driver at the time of the alleged offence. You also understand that by entering your name and completing the online submission, you are signing this document in the same way as completing your usual signature to confirm the content of the information contained within in it. You also understand that the online admission may be produced in Court if necessary.
- Where can I find my Driving Licence Number?
- In the UK, your driving licence number is located on the front (photo side) of your licence. It can be found on line 5, under your name, date of birth and the licence’s expiry date, but above your signature. The number is 16 characters long, with the first part being the first 5 letters of your surname. Example: NAMEX608202FF9XX
Visit https://www.viewdrivingrecord.service.gov.uk/driving-record/licence-number and select "Where to find your licence number" for further guidance.
- Lost Driving Licence, how can I apply for a replacement?
- Visit https://www.gov.uk/replace-a-driving-licence to apply online for a replacement.
- What should I do if I do not know who was driving?
- It is the legal duty of a person who keeps a vehicle to know who is driving it at all times, NOT the Police. Correspondence received in this office to that effect could result in YOU being prosecuted. Please be aware, explanations such as “My partner and I both drove the car that day and cannot recall who was driving the car at the time” or “It was a long journey and we shared the driving”, are not acceptable explanations as to why the driver cannot be established. If you claim to be unable to identify the driver, you cannot use the online portal and must complete and return the Notice of Intended Prosecution/S.172 Requirement of Information form. We will then consider your response fully.
- The vehicle in question is a company vehicle, multiple people can drive it. How can I send in details?
- It is the responsibility of a company representative or the company secretary to know who is driving any vehicle at any time of the alleged offence, e.g., a log book. Correspondence received in this office stating that a driver cannot be established due to a log book not being in place or not completed at the time of the alleged offence, could result in the company and/or any person whom it is in their power to provide such information being prosecuted.
- I was the driver but why should I incriminate myself by providing details on who was driving?
- It is a requirement under law to provide this information when requested to do so by a person authorised by the Chief Constable. You are not being asked to make an admission to the alleged offence, but simply to provide information as to who the driver was at the given time, date and place.
- I was NOT the driver, but why should I incriminate someone else by providing details on who was driving?
- You have received this notice due to information received in this office that you are a person keeping the vehicle or it is reasonably believed you are a person who it is in your power to give information which may lead to the identification of the driver at the given time of the alleged offence. A person keeping the vehicle may also be the registered keeper but could also be a person who had custody and control of the vehicle at the material time, i.e., the policy holder of an insurance policy which was in force on that vehicle.
- I was the driver and have been given the paperwork by the person this Notice is addressed to. Can I fill it in?
- Please do NOT complete this paperwork and return the Notice of Intended Prosecution/S.172 Requirement of Information to the person it is addressed to. ONLY the person the Notice is addressed to can complete the relevant section.
- My DVLA or DVA (Northern Ireland) licence is in a former name or registered to an old address.
- The portal allows you to update your name and address details. It is essential that you provide your CURRENT details.
- I am an overseas or foreign driver.
- As with all UK road users, the driver is required to have valid insurance, driving licence and is expected to be able to provide evidence of this when requested. Explanations such as “The driver has returned home to another country” will be investigated and may result in YOU being prosecuted. Please note that overseas insurance policies are NOT valid on UK registered vehicles.
- I want to discuss this matter with Essex Police.
- Essex Police will not discuss this matter as it forms part of an active investigation, and it is inappropriate to comment on something which ultimately may be for a court to decide upon.
Further information can be found at https://www.askthe.police.uk