What arrives in the post
When a speed camera records your vehicle exceeding the limit, nothing happens at the roadside. The camera captures the image and the data is processed, sometimes days later. The first you know about it is a letter.
That letter will contain two documents. The first is the Notice of Intended Prosecution itself - a formal notice stating the date, time, location and nature of the alleged offence. You do not respond to the NIP directly; it is informing you of the police’s intention, not requesting a reply. The second document is a Section 172 notice, which requires the registered keeper of the vehicle to provide the name and address of the driver at the time of the offence. This is the document that requires your action.
If you were stopped by police at the roadside, the NIP is served verbally at the time of the stop. No letter is required and none will follow. The process then moves directly to the fixed penalty or course offer stage.
The 14-day rule - and what happens if it arrives late
The law requires the police to issue the NIP to the registered keeper within 14 days of the date of the offence. If it is not issued within that window, the NIP may be invalid and the prosecution cannot proceed - but this is not as straightforward as it sounds.
The 14-day rule applies to when the notice was issued, not when it arrives on your doormat. A letter issued on day 13 that takes several days to reach you is still valid. Courts will generally accept that Royal Mail delivered a first-class letter within the normal expected time.
If you believe the NIP arrived significantly outside the 14-day window, note the postmark carefully and do not simply ignore the letter. Taking no action based on an assumption the NIP is invalid is a serious mistake. If there is a genuine timing issue, it is worth raising with a motoring solicitor before you decide how to respond.
There are circumstances where a late NIP remains valid - for example, if the vehicle details were not immediately available from the DVLA, or if the registered keeper’s address had not been updated. Courts have accepted these as reasonable grounds for delay.
The Section 172 notice - your legal obligation
The Section 172 notice is the document that requires your action. It requires the registered keeper to provide the full name and address of the person driving the vehicle at the time of the offence.
You must return this within 28 days of the date of service - in practice, this is generally taken to mean 28 days from the date printed on the notice, though if you have reason to believe the letter arrived significantly later than it was issued, note the postmark and retain the envelope.
Failing to respond is a criminal offence under Section 172 of the Road Traffic Act 1988. The penalty is six penalty points and a fine of up to £1,000. This is separate from and additional to any penalty for the original speeding offence - and it cannot be avoided by attending a speed awareness course.
The obligation falls on the registered keeper of the vehicle, not on the driver. If the vehicle is registered to you and someone else was driving, you are still legally required to provide their details.
What if you were not driving?
If you were not driving the vehicle at the time of the offence, you must still complete and return the Section 172 notice - naming the person who was.
You cannot return the form naming yourself if you were not driving. Providing false information is a criminal offence and is treated more seriously than failing to respond.
If you were not driving and cannot immediately recall who was, it is worth checking diaries, messages or any other records that might help you confirm who had use of the vehicle on that date. The 28-day deadline gives you some time to do this, but do not leave it late.
Once you name the driver, the police will write to that person directly with the relevant documents. The original NIP sent to you as keeper is then closed.
Company cars and hire vehicles
If the vehicle is registered to a company - whether a fleet car, a company van or a hire vehicle - the registered keeper is the business, not the individual driver.
For company cars, the employer or fleet manager receives the Section 172 notice and is required to identify which employee was driving. Most fleet operators have systems in place to handle this, but the obligation is the same - respond within 28 days.
For hire vehicles, the hire company is the registered keeper and will be contacted first. They will identify you as the hirer from their own records and pass your details to the police. You will then receive the relevant documents directly. If you hired the vehicle, do not be surprised if the letter takes slightly longer to arrive than it would for a privately registered car.
What if you genuinely don’t know who was driving?
This situation does arise - vehicles used by multiple family members, cars lent to friends, or genuine uncertainty about who was driving on a particular date. It is not a valid defence to simply say you do not know.
The law requires you to take reasonable steps to identify the driver. If after making every reasonable effort you genuinely cannot name the person, you can state this on the form - but you must explain the steps you took. Saying nothing, or returning the form blank, will be treated as a failure to provide information.
This is one of the situations where early advice from a motoring solicitor is worth seeking. The consequences of getting it wrong - a prosecution for failing to provide driver information - are potentially worse than the original offence.
What happens after you respond
Once the police receive your completed Section 172 notice and have identified the driver, one of three things will follow.
An offer of a speed awareness course. If your speed falls within the eligibility range and you have not attended a course within the last three years, the police may offer a course as an alternative to prosecution. No fine is issued and no points are added to your licence.
Check whether you qualify for a speed awareness courseA Fixed Penalty Notice. If a course is not offered or not appropriate, you will receive an FPN - a £100 fine and three penalty points. You can accept this or reject it and request a court hearing.
How speeding fines are calculated - Band A, B and CA court summons. If your speed was too excessive for a fixed penalty, or if there are other aggravating factors, the matter will be referred to a magistrates court.
What to expect at a speeding court hearingHow long does the process take?
From the date of the offence to receiving the outcome, the process typically takes six to twelve weeks. This varies between police forces and depends on how quickly you respond and whether the matter goes to court.
The NIP must be issued within 14 days of the offence. You then have 28 days to respond. After that, the police process your response and issue whichever outcome applies - this can take several weeks. If a court date is set, it may be several months before the hearing.
During this period, the offence is not on your licence and you do not need to declare it to your insurer. You only need to declare it once a conviction or fixed penalty has been formally recorded.
How penalty points affect your car insurance Back to the caught speeding guide