Even the most careful of drivers might occasionally exceed the speed limit, especially if you are in an unfamiliar area or new rules have recently been introduced. If you are caught by a speed camera, you’ll be sent a Section 172 notice and a Notice of Intended Prosecution within 14 days.
Sometimes, confusion or administrative errors can cause drivers to respond incorrectly to a Section 172 notice, or they may have another legitimate defence or mitigating circumstances. Here’s what to know.
What Is a Section 172 Notice?
A Section 172 notice is a formal request from the police asking the registered keeper of a vehicle to confirm who was driving at the time a speeding offence occurred. The notice will be issued within 14 days of the offence, and you’ll be given 28 days to respond. Ignoring it or providing false information is a criminal offence with serious consequences.
Why responding correctly matters
Responding to a Section 172 notice is mandatory. Failure to do so can result in prosecution, a fine of up to £1,000, or six penalties on your licence.
Impact on your licence
For professional drivers such as HGV or taxi operators, the consequences can affect employment and earning potential. Even non-professional drivers must be cautious. Accumulating 12 points on your licence within three years can trigger a six-month ban under the “totting up” rules.
New drivers within their first two years risk losing their licence after just six points, highlighting the importance of careful compliance.
Potential defences
There are legitimate defences to speeding charges and Section 172 notice prosecutions. For instance, the registered keeper may not have been the driver, or there may be technical issues with enforcement equipment. Occasionally, misdirected post or other administrative errors may be mitigating factors where a timely response has not been made.
In some instances, the courts may accept “exceptional hardship” as a reason not to impose strict penalties such as a driving disqualification. Navigating these defences, however, requires expert legal advice to avoid worsening the situation.
The importance of legal representation
Even if you think you have a good reason for not responding to a Section 172, it is not enough to assume that the courts will accept it. It is essential that you have gathered all the correct information and evidence to support your claim, and it is presented well in court.
A solicitor specialising in driving offences can help you respond correctly to a Section 172 notice, explore potential defences, and minimise penalties. Legal advice is particularly valuable for preserving your licence, mitigating fines, and protecting your employment prospects.
Speeding offences and s172 notices are serious matters. Prompt and accurate responses are crucial to avoid escalating penalties. Whether you are a young driver, a professional driver, or someone who relies on their licence for work or family, understanding your obligations and acting responsibly is the best way to protect your driving record.