Home > Get Off a Speeding Ticket > Dispute a Speed Ticket: You Were Not the Driver

Dispute a Speed Ticket: You Were Not the Driver

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 21 Apr 2018 |
 
Speeding Speed Camera Ticket Nip Fixed

In the UK, you can be caught speeding by either a fixed, mobile or average speed camera, which calculates time over distance. If you receive a speeding ticket but you think this is wrong, then there are a number of ways to dispute it. One of the reasons for disputing the ticket is that you do not know who the driver was.

Receiving a NIP

The document you receive will be a Notice of Intended Prosecution (also known as a NIP). The NIP has been sent to you as the Registered Keeper of the alleged speeding vehicle i.e. the person who the vehicle is registered under with the DVLA. This is not necessarily the owner of the vehicle.

The NIP will come from the police, explaining the details of the alleged incident, including, but not limited to the vehicle registration, date, time and location. The Registered Keeper will be requested to complete the required details on the NIP and return it within 28 days. This is known as a Section 172 Notice. You are to return it to the address notified on the NIP. Before signing and returning the NIP you might need to challenge the details, for example, if you do not know who was driving the vehicle, and so you should not sign the NIP before carrying out the actions below.

If you were driving the vehicle at the time of the incident, or you know who was driving then you must say so in the Section 172 Notice. As the Registered Keeper, you have a duty to notify the police and it is an offence to withhold/not provide the police with information.

Conditional offer of a Fixed Penalty Notice

Once you have return the Section 172 Notice identifying the driver, you (or the driver if it was not you) will most likely receive a conditional offer of a Fixed Penalty Notice, depending on the nature and severity of the offence. In these circumstances, you will be offered a fixed penalty of £60 plus receive 3 points on your licence, instead of going to court. This is the easiest and safest option if you believe you were the driver.

You were not driving at the time

If, however, you were not driving or do not know who was driving i.e. there are more than one insured persons or you were sharing the vehicle that day, then you should not return a signed NIP. If you do so, then it is unlikely that you will be able to reverse it.

Instead, you should write to the address given on the NIP stating that you acknowledge receipt of the NIP and are the Registered Keeper, however, you do not know who was driving the vehicle at that time. Request all photographic evidence and/or other evidence the police have so that you can help them to identify the driver and assure them that you are doing all you can to speak to and identify the other possible offenders in the meantime. The police should provide you the photographs if they are available, under the Freedom of Information Act 2000.

If your car was stolen prior to the time of the incident, then make sure this is reported immediately.

Evidence

Once you have received the evidence, you should consider it carefully. Can you clearly identify the driver? Is the photograph blurry or unclear or do you not recognise the driver? If the photograph is blurry then you should write back to the police and say that unfortunately, the photograph is too blurred to be able to identify the driver and ask if they have any further evidence.

If the person in the photograph is not somebody you recognise then you should write back to the police and tell them that you are still unable to identify the driver but you will provide them with a list of all the names and addresses of the possible drivers.

If you request further evidence because the photograph is blurred or unclear, and the police do not write back to you with any further photographic evidence, then you should write back within 14 days and state that you have been unable to identify the driver as you have not been provided with any photographs, however, you were not the driver at the time of the alleged offence and you are now providing a list of all possible drivers, for the police to pursue.

Case law

There have been a number of cases, and in particular, police officers who have successfully disputed speeding prosecutions because photographs have not been enough to show who the driver was.

One of the most cited cases is that of Regina v Detective Superintendent Adrian Roberts, who appealed against a fixed penalty notice. His defence was that he could not remember if he been driving at the time. It was subsequently ruled that the photographic evidence was inconclusive and the ticket was scrapped. It is useful to cite cases such as this when writing to the police.

Hopefully, this will be the end to it and you will not hear anything more. This is because it might be infeasible for the police to continue with their enquiries if, for example, the evidence is unclear. Another factor for the police and the Crown Prosecution Service (CPS) to consider is whether or not it is worth running the case. If this is the case, you should receive a letter saying that no further action will be taken in this matter. If not, you may be questioned further or be summoned to court anyway.

Court Summons

The police may not accept your letters and decide to summon you to court. A summons is a legal notice which requires you to attend a court hearing. This will usually be in front of one or more magistrates. The summons could either be because:
  • You are believed to be the driver at the time of the incident
  • You have failed to identify the driver

Being summoned to court does not necessarily mean that the police believe you to be guilty. In most situations, the police do not think they have the power to consider defences or mitigating circumstances and therefore, decide that it is for the court to make the decision.

If this occurs, you must attend court at the specified time and when asked, enter a plea of "Not Guilty". When asked why, tell the court exactly the same as you have written in the letters; that you were not driving at the time or do not know who was driving and why this is the case. Tell the court that you have provided the police with as much information as you possibly could. Take all of the evidence, correspondence and list of possible drivers with you to the Magistrates. You should also cite cases which are similar to yours such as that of Detective Superintendent Adrian Roberts above.

What is the Burden of Proof?

Usually in English Law, the burden of proof is on the Claimant or the Prosecution to prove that the Defendant is the "wrongdoer". However, in the case of speeding, the burden of proof is on the Registered Keeper of the vehicle to prove that they are innocent. When defending the NIP, you must demonstrate that you have exercised "reasonable diligence" in trying to find out who was driving at the time. This simply means you must do all you reasonably can when trying to identify the driver, such as finding text messages about the car on that day, or identifying the whereabouts of you as the driver at the time the offence was committed.

Once in court, the burden of proof still lies with the Registered Keeper. However, the Magistrates must be satisfied that:

  • You were the driver of the vehicle at time of the offence
  • You exceeded the speed limit for that part of the road
The Magistrates know the law and are impartial. If they are not satisfied as to these elements, then they will not be able to find you guilty.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Hi, I’ve been driving my husband car, having a provisional driving licence and an insurance for learners, with Marmalade! I got an NIP for red lights and I am wondering if, when we’ll complete the forms saying that I was the driver, they will ask me to provide the insurance as well! If anyone has faced a similar situation, please let me know how it works in this case! Thanks
Alissia - 21-Apr-18 @ 8:07 PM
Kelly - Your Question:
Hi, received a NIP today for a car that we don't own under the name of someone who has never lived at our address. The printing on the letter also seems a little amateur so not sure if this is a genuine letter or phishing of some kind. Any ideas on the best way to handle this as not sure whether to ignore but can't find a number anywhere to call about this. Thanks!

Our Response:
Contact the police authority where the offence took place - you should be able to find details on the Internet. They will be able to verify or refute the validity of the NIP. If it's genuine, complete the form saying you are not the registered keeper or the driver etc
NoPenaltyPoints - 18-Apr-18 @ 2:05 PM
Hi, received a NIP today for a car that we don't own under the name of someone who has never lived at our address. The printing on the letter also seems a little amateur so not sure if this is a genuine letter or phishing of some kind. Any ideas on the best way to handle this as not sure whether to ignore but can't find a number anywhere to call about this. Thanks!
Kelly - 17-Apr-18 @ 12:52 PM
Anton - Your Question:
Clocked going 51mph in a 30, did see the sign changing from 60mph to 30mph, I know that’s no excuse, but I’ve recently passed my test and I’m wondering is there any chance they might show a little leniencey towards me and not give me 6+ points and revoke my licence? Thanks

Our Response:
Sorry there's not much you can do about this at this point in time. 51mph in a 30mph zone will almost certainly result in a court summons and will attract between 4 and 6 points. It might be worth seeking legal advice if you want to mitigate this in any way.
NoPenaltyPoints - 13-Apr-18 @ 11:20 AM
Clocked going 51mph in a 30, did see the sign changing from 60mph to 30mph, I know that’s no excuse, but I’ve recently passed my test and I’m wondering is there any chance they might show a little leniencey towards me and not give me 6+ points and revoke my licence? Thanks
Anton - 11-Apr-18 @ 5:56 PM
Jezza - Your Question:
I was out with a friend, I was driving my car when we stopped off at McDonald’s. I have a knee injury (I need to have surgery for it shortly, which I can prove) that started to play up before we left, I didn’t feel very comfortable to drive, and my house is only a 5 minute drive away so my friend offered to drive us back to my house. On the way back he was found to be speeding and we were flashed by the camera, obviously I was mortified about this, I had no idea I was even in the wrong for allowing him to drive, is there anything I can to defend myself and avoid getting points for allowing him to drive? Or is this situation (the injury and only one very short journey) of no use? Thanks

Our Response:
Not that we know of. Ignorance of the law is never accepted as a legitimate excuse for breaking it.
NoPenaltyPoints - 11-Apr-18 @ 3:21 PM
I was out with a friend, I was driving my car when we stopped off at McDonald’s. I have a knee injury (I need to have surgery for it shortly, which I can prove) that started to play up before we left, I didn’t feel very comfortable to drive, and my house is only a 5 minute drive away so my friend offered to drive us back to my house. On the way back he was found to be speeding and we were flashed by the camera, obviously I was mortified about this, I had no idea I was even in the wrong for allowing him to drive, is there anything I can to defend myself and avoid getting points for allowing him to drive? Or is this situation (the injury and only one very short journey) of no use? Thanks
Jezza - 11-Apr-18 @ 3:13 PM
Jogee71- Your Question:
Can someone give me some advice? My Brother who lives in Cumbria was pulled over on the motorway for speeding and gave my husbands D.O.B and our address as the driver details to the police officer!! I am both fuming and upset he has done this. I found out when he confessed to my Dad yesterday what he had done. My brother had a ban in place for drink driving and it was his own company car he was driving! My brother apparently regrets giving in my husbands name and is coming back down from the lakes on Saturday to tell us ‘face to face’ what he has done. My husband had a clean license and will not under any circumstances lie for my brother. What do we do now? Will the fine came to our address or my brother as the registered keeper of the vehicle? How do we dispute this? Do we need to go to the police station? My brother knows he faces a probable custodial sentence for this but I don’t know what to do and who to tell?

Our Response:
Your brother should tell the police as soon as possible, they should advise on what the next steps will be.
NoPenaltyPoints - 4-Apr-18 @ 3:41 PM
Can someone give me some advice? My Brother who lives in Cumbria was pulled over on the motorway for speeding and gave my husbands D.O.B and our address as the driver details to the police officer!! I am both fuming and upset he has done this. I found out when he confessed to my Dad yesterday what he had done. My brother had a ban in place for drink driving and it was his own company car he was driving! My brother apparently regrets giving in my husbands name and is coming back down from the lakes on Saturday to tell us ‘face to face’ what he has done. My husband had a clean license and will not under any circumstances lie for my brother. What do we do now? Will thefine came to our address or my brother as the registered keeper of the vehicle? How do we dispute this? Do we need to go to the police station? My brother knows he faces a probable custodial sentence for this but I don’t know what to do and who to tell?
Jogee71 - 3-Apr-18 @ 3:01 PM
Kinnell - Your Question:
Wow! Just reading through posts on site as I have received a NIP speeding ticket 48 in a 40, I do not remember travelling on this road at the time stated as I would have been at work. Here's the Thing!..I have just read NIGE earlier post "Hi I received a NIP on the 5th Jan 2018 stating the car with my number plate was driving 48mph in a 40mph area in Southend. It is impossible that it is my car as it was parked in my drive all day in Yorkshire. this appears to be a case of cloning of my number plate. I intend sending a letter to the Police/ Enforcement team stating this and asking for photographic evidence. I have also stated the make & model of my car and given my licence number so they can check with DVLA ( If that's what they do). what should I expect to happen now? will I have to change my plates?" I also have recieved this notice advising that I apparently speed in Southend ???? I'm from Southend and the supposed area of offence apparently has cameras in the traffic lights? It would be interesting to know what vehicle NIGE has and the area he was supposed to have been offending in.BUT heres the KIcker I was in my bank and one of the cashiers had also received a ticket for the same speed 48 in a 40 at the same point on the same road? he also can not remember but does drive the road he suspects it was when he moved for a fire engine but isn't it strange that 3 people have experienced the same issue. Any suggestions ?

Our Response:
This is strange, or it could be a coincidence. Do let us know how you get on and if anyone else has the same issue post here! We'll keep tabs on this one.
NoPenaltyPoints - 19-Mar-18 @ 2:36 PM
Wow!!! I have come to this site as I have received a NIP and I can not remember being in the car at the apparent time of offence as I was at work with the vehicle. Today I also spoke to a bank clerk whom had also received a NIP for the same location and they too were unable to recollect the incident but has acknowledged the NIP as he drives the said area each day.......BUT heres the Kicker I have just read NIGE entry on this forum and he also seems to have experienced a similar problem........you see I live in Southend and the offending area the NIP refers too is also in Southend. I would be interested to know if NIGE NIP was for the same area. Can you suggest how I should respond?
Kinnell - 16-Mar-18 @ 10:26 PM
Wow! Just reading through posts on site as I have received a NIP speeding ticket 48 in a 40, I do not remember travelling on this road at the time stated as I would have been at work. Here's the Thing!...........I have just read NIGE earlier post "Hi I received a NIP on the 5th Jan 2018 stating the car with my number plate was driving 48mph in a 40mph area in Southend... It is impossible that it is my car as it was parked in my drive all day in Yorkshire.... this appears to be a case of cloning of my number plate... I intend sending a letter to the Police/ Enforcement team stating this and asking for photographic evidence... I have also stated the make & model of my car and given my licence number so they can check with DVLA ( If that's what they do)..... what should I expect to happen now?... will I have to change my plates?" I also have recieved this notice advising that I apparently speed in Southend ???? I'm from Southend and the supposed area of offence apparently has cameras in the traffic lights? It would be interesting to know what vehicle NIGE has and the area he was supposed to have been offending in.....BUT heres the KIcker I was in my bank and one of the cashiers had also received a ticket for the same speed 48 in a 40 at the same point on the same road? he also can not remember but does drive the road he suspects it was when he moved for a fire engine but isn't it strange that 3 people have experienced the same issue. Any suggestions ?
Kinnell - 16-Mar-18 @ 10:12 PM
I've had an NIP. I don't know who was driving, so I requested photographic evidence. The alleged offence was captured at night by a mobile unit. The picture they have of the offence is unrecognisable as a vehicle, let alone my vehicle. They claim that an image taken 14 seconds later, that does show my vehicle, is evidence enough that my vehicle was the offending vehicle. I maintain that the evidence does not show my vehicle committing the offence. How will a magistrate react to this argument?
rpk_hrm - 15-Mar-18 @ 8:44 PM
Hi, My father in law came from Norway and he borrowed my car. He claimed he had insurance to drive in UK and used my car so I gave it to him. He was caught in a speeding camera. Doing 83 mph on 70 road. He has a Norwegian license and he’s gone back to Norway now. We’ve sent in his details and the police have written back that we provide his flight information and any insurance information that he was eligible to drive the car. Looking into the matter; he wasn’t insured on the car. I have comprehensive insurance and he wasn’t one of the named drivers. Issue is we trusted him when he said he’s insured to drive in the UK. But UK has its own set of rules which differs from the rest of the world. He knows he’s made a mistake and he’s offered to make amends. Question is will I be prosecuted as well?
Drhza - 12-Mar-18 @ 9:57 AM
I’ve received a NIP from an average speed camera accusing me of doing 47 in a 40. I’ve checked the camera that did the average speed and it is in a section of road that starts in a 70, reduces to 50 and then to 40. The average speed of 47 would therefore be correct for this section. How do I appeal? To clarify there is a third set of cameras which do have 40 mph all the way. However, the distance between the second and third cameras is double the first set of cameras and so the average speed would have needed to be in excess of 100mph to cover the distance in the timescale. The other side of the road is 40 mph between all the cameras. I’ve double checked and have photographic evidence of the speed limits in place.
Anon - 3-Mar-18 @ 1:22 AM
Nige - Your Question:
I got a speeding ticket but I wasnt driving I gave the drivers name but I dont know his address now I am getting prosecuted for not supplying the other drivers details

Our Response:
Could you not have asked your friend for his address?
NoPenaltyPoints - 27-Feb-18 @ 2:38 PM
I got a speeding ticket but i wasnt driving i gave the drivers name but i dont know his address now i am getting prosecuted for not supplying the other drivers details
Nige - 25-Feb-18 @ 12:59 PM
I have just received a letter from Oxford Mag Court saying they have given me 6 pionts plus a £1,000 fine this was for driving a Van doing 38 mph in a 30 mph I was not the reg keeper I was not insured to drive the van. I am not guilty after I asked for photograph evidence. I was sent a view of the back of van only. I am aware of this speed camara and know it is double sided view. I never recieved any letter for Court as I would have gone. I did send special delivery parts 2,3,4, back with name of driver. Please adviseas I feel without the right to represent myself in Court I have been framed here.
Moneypenny - 25-Feb-18 @ 6:56 AM
Train - Your Question:
Me and a colleague went out in the work van on a callout. On callouts, we share the driving in order to reduce fatigue. The van got caught by an average speed check camera at going 38 in a 30 zone. The NIP was received by the van leasing company, who put the police on to my company. My company told them that we could not remember who was driving at the time due to the NIP coming through 4 months after the offence. Since this, both me and my colleague have been charged and have received a court summons to plead. Do you have any advice?

Our Response:
You need professional legal advice at this point really. Do the police have photographic evidence? You can usually ask for this before the case, but a solicitor would be able to tell you more.
NoPenaltyPoints - 21-Feb-18 @ 2:27 PM
Me and a colleague went out in the work van on a callout. On callouts, we share the driving in order to reduce fatigue. The van got caught by an average speed check camera at going 38 in a 30 zone. The NIP was received by the van leasing company, who put the police on to my company. My company told them that we could not remember who was driving at the time due to the NIP coming through 4 months after the offence. Since this, both me and my colleague have been charged and have received a court summons to plead. Do you have any advice?
Train - 20-Feb-18 @ 8:24 PM
nom - Your Question:
I was driving in a motorway Sunday evening in the dark and think I got flashed from a bridge, I was trying to pass a lorry and was doing about 80. I’m gutted because I was on 9 pts anyway, (sp30 x 2 and sp50)If it was me flashed, is it an automatic ban ? If so how long? I’m a builder and use my van and a part time carer for my disabled mum. Will this make any difference?

Our Response:
If the penalty is 3 points plus a fine rather than the offer of a course, then yes your points tally will be 12 which is a ban under the totting up rules. We'd suggest seeking advice from a legal professional (motoring lawyer) to make a plea for mitigating circumstances to try and avoid a ban.
NoPenaltyPoints - 19-Feb-18 @ 2:01 PM
I was driving in a motorway Sunday evening in the dark and think I got flashed from a bridge, I was trying to pass a lorry and was doing about 80. I’m gutted because I was on 9 pts anyway, (sp30 x 2 and sp50) If it was me flashed, is it an automatic ban ? If so how long? I’m a builder and use my van and a part time carer for my disabled mum. Will this make any difference?
nom - 18-Feb-18 @ 9:52 PM
Abdul - Your Question:
My friend borrowed my car he got flashed. I got the ticket under my name because I’m the legal owner I gave my friends details sent it back to the police now 6 months later I received a letter saying. Who’s is the driver and what circumstances was he driving my car and also to provide with my contact number and my friends. My question is why did they write back to me and what actions can I take against them because I’ve already filled up the details and sent it 6 months ago why are they writing to me again?

Our Response:
Maybe they simply need more information from you?
NoPenaltyPoints - 16-Feb-18 @ 3:30 PM
My friend borrowed my car he got flashed. I got the ticket under my name because I’m the legal owner I gave my friends details sent it back to the police now 6 months later I received a letter saying. Who’s is the driver and what circumstances was he driving my car and also to provide with my contact number and my friends. My question is why did they write back to me and what actions can I take against them because I’ve already filled up the details and sent it 6 months ago why are they writing to me again?
Abdul - 14-Feb-18 @ 9:10 PM
koettiv - Your Question:
I gave my car to a friend for a quick trip. He wasn't insured and he exceeded the speed on the motorway at 97mph. I've received the NIP and don't know what to do, to say that the driver was me, or to say that it was him. My question is: will the police ask for proof of insurance if I will give them his details? I don't want him to pay the fine for the speed+points and the fine for insurance+points. Maybe it's a better idea for me just to ask him for the money and to pay the fine. I'm not afraid of points as I haven't got other ones.

Our Response:
You should always tell the truth in situations like this. At 97mph there's a strong chance that the case will go to court. The recommended penalty for this is a fine of up to 125% of your weekly income, between 4 and 6 penalty points and possibly a 7 to 28 day ban. If you're found to be lying, both your and your friend will be penalised.
NoPenaltyPoints - 12-Feb-18 @ 3:43 PM
Cam - Your Question:
I receive a letter saying I was speeding 35mph in 30. However I have sold the bike and send log book off but can't remember who I sold it to (it was a couple months back) I got photo via online and can't identify the rider. What would the advice be to deal with it.

Our Response:
If you have sent the log book (V5 document) off then the DVLA may be able to help,even if it hasn't updated its records yet. Contact them first. If they can't help, you could use a copy of the receipt you gave the buyer, or a bank statement showing that money was paid in etcas evidence.
NoPenaltyPoints - 12-Feb-18 @ 2:58 PM
I gave my car to a friend for a quick trip. He wasn't insured and he exceeded the speed on the motorway at 97mph. I've received the NIP and don't know what to do, to say that the driver was me, or to say that it was him. My question is: will the police ask for proof of insurance if I will give them his details? I don't want him to pay the fine for the speed+points and the fine for insurance+points. Maybe it's a better idea for me just to ask him for the money and to pay the fine. I'm not afraid of points as I haven't got other ones.
koettiv - 10-Feb-18 @ 4:55 PM
I receive a letter saying I was speeding 35mph in 30. However I have sold the bike and send log book off but can't remember who I sold it to (it was a couple months back) I got photo via online and can't identify the rider. What would the advice be to deal with it.
Cam - 10-Feb-18 @ 11:52 AM
Arthur - Your Question:
I just received a letter stating a mobile speed camera captured one of my vehicles doing 71 in a 30 not sure of the driver as it is a pool car. How do I get photo evidence as I need this resolved asap. Also I'm pressuring this will be a ban and I own a haulage company and will need to get another driver.Any help appreciated Ps this is Bedfordshire police if that makes a difference

Our Response:
If do not know who was driving i.e. there are more than one insured persons or you were sharing the vehicle that day, then you should not return a signed NIP. If you do so, then it is unlikely that you will be able to reverse it. Instead, you should write to the address given on the NIP stating that you acknowledge receipt of the NIP and are the Registered Keeper, however, you do not know who was driving the vehicle at that time. Request all photographic evidence and/or other evidence the police have so that you can help them to identify the driver and assure them that you are doing all you can to speak to and identify the other possible offenders in the meantime. The police should provide you the photographs if they are available, under the Freedom of Information Act 2000.
NoPenaltyPoints - 9-Feb-18 @ 9:46 AM
I just received a letter stating a mobile speed camera captured one of my vehicles doing 71 in a 30 not sure of the driver as it is a pool car. . How do I get photo evidence as I need this resolved asap. Also I'm pressuring this will be a ban and I own a haulage company and will need to get another driver. Any help appreciated Ps this is Bedfordshire police if that makes a difference
Arthur - 8-Feb-18 @ 3:00 AM
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