If you ignore the Notice of Intended Prosecution (NIP) the Police will issue a Summons for failing to identify. At Court, the Magistrates will consider whether you genuinely believed that the Notice was intended for another party and if so, what action you took to return the Notice on that basis. If the Magistrates take the view that you are attempting to use a typing error as a technical defence, you will probably be convicted for failing to identify which will result in 6 penalty points.

The Police inevitably use information that is supplied by the DVLA and if that information is incorrect, the Police will not be criticised for being unaware of an error. Likewise, the Police will always have the option to amend clerical errors at Court. In most circumstances, it is obvious who the Notice is for and you should therefore provide the information requested in order to avoid prosecution for a more serious offence.

The option to resolve an offence by way of a Fixed Penalty Notice is at the discretion of the Police. If the Officer stops you, that is the opportunity for the Fixed Penalty to be issued. If it is not issued at the scene, it is extremely unlikely that you will receive a conditional offer as the Police Officer has clearly decided that the matter is too serious to be resolved by way of the Fixed Penalty process. There is no obligation upon the Police to offer a Fixed Penalty and if you leave the scene without a conditional offer in your hand, it is inevitable that a Summons will be issued.

You should not be prosecuted for both allegations. In all probability, you will receive a Fixed Penalty for the traffic light allegation and no action will be taken for the speeding. Even if you were to be prosecuted for both allegations, as these are “simultaneous offences”, you should only receive penalty points for one offence.

Whilst you may not like the location chosen by the Police, that does not mean that there is a viable defence. The only issue the Court will be interested in is whether you exceeded the speed limit. The Police will justify the position of the van on the basis that offences are committed at that location. The Court will expect drivers to take into account any gradient when monitoring their speed so if the speed alleged is accurate, the case will be proved.

Your obligation is to advise your insurance company as soon as you are aware of a potential prosecution. If you are convicted, you should advise them immediately. Failure to do so can result in the policy being declared void and thus any claim could be rejected, regardless of whether it relates to the conviction.

Yes. On the basis that there is an Order in place for the speed limit, the effects and implications are the same, regardless of whether it is temporary or a permanent speed reduction.

The normal allegation would be driving “otherwise in accordance with your licene” (offence code LC20) which is punishable with 3-6 penalty points and a fine. However, this offence would also mean that any insurance in place would be automatically void. Consequently, the Police will probably prosecute for that offence as well which carries 6-8 points and a fine. Individually, or combined, these offences could result in a discretionary disqualification.

This is an “absolute offence” which means that you will be convicted  if the Police can show that your vehicle crossed the stop line when the red line was illuminated. The rules are that you must stop on amber, unless it is unsafe to do so but you must stop on red, regardless of the circumstances.

There is an outside chance that the Court may decide not to impose points if you can prove that a collision would have occurred had you stopped but this is extremely remote and you would have to show that the vehicle behind did not come to a halt in order to support your case.  However, if you run the case to Court and lose, you would face increased costs and a higher fine.

If you are the registered keeper of the vehicle, you should receive a Notice of Intended Prosecution within 14 days. If you are not the registered keeper, the Notice will go to whoever is on record with the DVLA, be it a lease company or hire company etc, as appropriate. As long as the Notice is served in time, your obligation is to supply details as to driver identity, which you must do within 28 days of receiving the NIP. Thereafter, the Police will decide whether they are willing to offer a speed awareness course, a Fixed Penalty or refer the case to Court.

If you do not reply to the Notice in time, or with-hold information, you will be prosecuted for failing to identify a driver pursuant to Section 172 of the Road Traffic Act and would risk 6 points and a more substantial fine. If you require evidence in support of the allegation, you should request same when replying to the Notice.

Your licence will have been revoked by this punishment.  As a result, you need to apply for a new driving licence.  As you were also ordered to re-take a driving test, you should apply for a provisional licence, but indicate to the DVLA that you need to take the extended test.

It is always worth asking for the photographic evidence, particularly as to prove the offence, the Police will have to show that your vehicle crossed the line whilst the red light was illuminated.  Although this is a strict liability offence, meaning that such evidence prevents any defence being raised, if the Police cannot produce the photograph, or evidence to support the allegation, they cannot prove the case.  You have nothing to lose by requesting the photograph.

Unfortunately, your non UK licence will not be valid in the UK whilst the driving ban is in effect.  The ban overrules any entitlement that you may have to drive as a “visitor”.

Although the ACPO Guidelines indicate that the Police should show you evidence at the scene wherever possible, there is actually no statutory requirement for them to do so and if they choose not to, it does not prevent a prosecution.

Even though you are a provisional licence holder, you are expected to exercise the same standard of driving as that of a full licence holder. Consequently, you will be convicted of this offence. In theory, the supervising driver could also be found guilty of an offence (failing to supervise) but if he can show that he was actively attempting to prevent the error, any allegation against him should be dismissed.

There is a great deal of confusion about time limits for the receipt of a Notice of Intended Prosecution. The only obligation on the part of the Police is to serve the Notice on the registered keeper of the vehicle within 14 days of the offence. The registered keeper is the person and/or company whose details are held on the DVLA database. As this is a company car, the likelihood is that the registered keeper is either your employer or the lease company who supplied the vehicle. In those circumstances, you need to see a copy of the NIP that was sent to them as the likelihood is, it was served within 14 days and therefore valid. In those circumstances, you must reply to the Notice served on you and failure to do so is a further offence.

The New Drivers Act applies for the first 2 years following the issue of your first full UK driving licence. Subsequently passing further tests and adding additional categories to your licence does not result in the New Drivers Act applying again. Consequently, having passed your motorbike test, does not restart any probationary period.

The Police have 6 months to commence proceedings and do not have to contact you at any stage before then. In our experience, many forces diary cases for 5 months and 2 weeks, so the lack of progress at this stage does not suggest that they will not proceed. There is no point contacting the Police; it will only prompt them into life. If you do nothing, there is a slight chance that they will fail to progress the case in time.

You have 28 days in which to accept conditional offers. If they have been issued by the same Process Unit, you can send them together. If the Fixed Penalties are from different Police Authorities, you should send off the first one, but put in a note that you require the licence returned promptly. If the licence is not returned within the 28 days, you should contact the other Authority explain the situation, and ask them to extend the time for acceptance. Most will co-operate in this respect.

In theory, you can plead guilty by post. However, most Courts will then adjourn the case to provide you with a further opportunity to attend in person so that you can put forward a submission of exceptional hardship and explain why you should not be banned.

If you are resigned to the fact that a totting up ban is inevitable, and you are prepared to accept this, you should make this clear to the Court, stating that you do not wish to put forward an exceptional hardship plea. There is every prospect that they would then resolve the matter in your absence and there is no reason for the punishment to be any more severe. That said, if the case is still adjourned, and you are told that you must attend, failure to do so could result in a Warrant being issued for your arrest.

Red traffic light offences are strict liability.  The rules are that you must stop on amber, unless it is unsafe to do so. You must stop on red, regardless of the circumstances.  If the lights were red for one second, you will be convicted. You can ask to see the photographic evidence etc, but if the lights were red when any part of your vehicle crossed the stop line, you will lose.
 
You may therefore be better off taking the 3 points and £60 fine as that offer will be withdrawn if you proceed to Court.