Being Prosecuted?
Motoring offences
How do you find out that you are being prosecuted? The law states for most motoring offences you shall not be prosecuted unless:
- you have been warned at the time by a police officer, or
- you have been charged or served with a summons within 14 days, or
- a notice of intended prosecution has been sent to you or to the registered keeper of the vehicle within 14 days
If you receive a notice of intended prosecution through the post, you could also receive a notice asking you to identify the driver. Unless you have a reasonable excuse, failure to supply the information would make you liable to a penalty similar to the alleged offence itself, ie a fine and penalty points. It is now common for speeding prosecutions to be based on photographic evidence.
However, there are exceptions to these principles, for example:
- if the alleged offence relates to a road traffic accident, no notice of intended prosecution is required
- many parking offences do not require a notice of intended prosecution
It is advisable to take expert legal advice if you have any doubts in this area.
Minor offences
Any 'ticket' concerning a motoring offence should be dealt with quickly. If you delay or ignore them things will only get worse, because you can end up having to pay more and or lose the right to dispute matters. The three types of 'ticket' are:
- Penalty Charge Notice
- Fixed Penalty Notice
- Conditional Offer Notice
Serious offences
Generally the more serious motoring offences are dealt with in the Magistrates Court in England and Wales or the Sheriff Court in Scotland. Once a summons is issued you have two options:
Plead guilty This can either be done by post or in person. However, if the Court is considering a ban (this will depend on the offence or how many penalty points you already have) you will need to attend the Court.
Plead not guilty You should seek legal advice if you plan to take this option.
If you are in any doubt as to what to do, seek expert legal advice.
How is the amount of my fine and points decided?
It is impossible to state exactly what penalty a court may impose, but individual advice may be able to give some general indication of the possible sentence.
Generally, it is rare for the maximum penalty to be imposed. The courts take into account:
- the seriousness of the offence
- any mitigating circumstances relating to the offence or the defendant
- previous convictions
- a defendant's means
You can be asked for your financial details and may have to complete a Means Enquiry Form. A Magistrates Court in England or Wales, having assessed the offence, can lower or raise the fine if felt appropriate given your means. In Scotland, the court will take into account the seriousness of the offence and may consider a defendant's means if there is an application for time to pay.
Finally, don't forget to tell your insurer.
You must notify your insurance company of any convictions (though some companies do not wish to know about 'parking tickets'). If in doubt, err on the side of caution and notify them in writing immediately. If they are not told, they could refuse to deal with any claims.