Kent & Medway Safety Camera Partnership

 

GOT A TICKET?

Frequently Asked Questions

Why have I received a Notice of Intended Prosecution for a speeding offence?

Your notice is in line with a Government strategy to make the roads safer for all road users. Exceeding the legal speed limit is an offence for which a fine and penalty points are mandatory. These measures are in place to help reduce the number of people killed or seriously injured on our roads.

Who decides where safety cameras are needed to enforce speed limits?

The Highways Authorities (Kent County Council, Medway Council and the Highways Agency) decide where safety cameras are needed and the Kent & Medway Safety Camera Partnership deploys the cameras. All sites have a proven history of excessive speed or road traffic crashes where people have been killed or seriously injured.

Who sets the speed limits?

On motorways and trunk roads speed limits are set by the Highways Agency. On all other roads it is either Kent County Council or Medway Council. Before a speed limit is set the police are consulted and a traffic regulation order is issued.

Why can't I speed up at night when no one else is on the road?

All speed limits are mandatory 24 hours a day, every day of the year. You might think you're the only one on the road at night but you'd be wrong. There could also be unknown dangerous road conditions ahead. In proportion to the flow of traffic there are actually more crashes at night.

What speed was I driving?

If you have received a Notice of Intended Prosecution you were driving above the speed limit of the given road. Your speed is recorded on film and it is also printed on your Notice of Intended Prosecution, along with the speed limit applicable to that road. You can view a photograph of your offence by appointment.

I didn't know the speed limit of the road, as there were no signs - can I appeal?

The Highway Code states that you must not exceed the maximum speed limits for the road or for your vehicle' to 'The Highway Code and the law state that you must not exceed the maximum speed limits for the road or for your vehicle.

I have received a Notice of Intended Prosecution, what happens now?

If you were the driver, the Notice gives you the opportunity to pay the mandatory penalty of £60 and have three penalty points added to your driving licence - or elect to go to court. If you were not the driver, you are required as the last known keeper of the vehicle to complete and return the document to the Central Ticket Office, giving full and accurate details of the driver at the time of the alleged offence.

What if I wasn't driving?

As the registered keeper of the car, it is your responsibility to provide the full name and address of the driver at the time of the offence. Failure to do so will result in you being charged with a similar offence and a court summons raised.

Can I have a copy of the photograph?

Sometimes a photograph will show the occupants of the vehicle whose identity we may have to protect. For this reason we normally arrange for photographs to be viewed in person at our offices. Drivers should put their request in writing, together with a contact telephone number, to the Central Ticket Office.

How can you prove that the camera is accurate?

The camera is a precision instrument that is calibrated in accordance with the manufacturer's instructions. Every time a live camera is placed in a housing it is checked to ensure it is working correctly. In addition, where there are fixed safety camera sites there will be secondary check road markings from which the vehicle speed can be calculated independently. These markings are not required for mobile safety camera operation as they are operated by trained officers. The mobile cameras are also checked in accordance with the manufacturer's instructions.

Will I have to go to court?

This depends on the speed detected and the status of your driving licence. You will not have to go to court if you have less than nine points on your driving licence, if the speed was not excessive and if you hold a current DVLA licence. You will have to go to court if you were travelling at excessive speed, if you have nine or more points on your driving licence or if you hold a foreign driving licence.

I have a clean driving licence, is this taken into consideration?

No, prior driving history or clean licences are not taken into consideration. The law on speeding is clear and safety camera routes are clearly signed. A clean driving licence does not necessarily indicate a safe driver, as many drivers speed and endanger themselves and others.

What should I do if I've lost my driving licence?

You should contact the DVLA urgently for a duplicate, in time to accept the penalty. Failure to produce your driving licence will result in the matter being dealt with by the Magistrates' Court as payment cannot be accepted without it.

How long will the penalty points stay on my licence?

Any penalty points on your licence will stay there for a minimum of three years. However, the points remain on your licence for a further 12 months due to any outstanding proceedings at which time you may then apply to the DVLA to have them removed.

Can I have a higher fine and no penalty points?

No - if you receive a fixed penalty, the penalty is set by the Government and therefore not negotiable. It is currently £60 plus three penalty points.

I cannot afford to pay - can I pay be instalments?

No, the Fixed Penalty Office will not accept payment by instalments.

Can I appeal against this notice?

If you wish to appeal it is necessary for you to request a court hearing. Be reminded that any appeal does not alter the statutory time limits that are imposed on the notice.

What if I go to court?

You have a right to challenge the evidence in court. The magistrates will then decide upon any fine or penalty points to be awarded. You are reminded that the courts have the right to increase the fine and penalty points awarded if they see fit and you may also have to pay court costs.

What happens if I ignore the Notice of Intended Prosecution?

The system is intended to be quick and simple, giving you the opportunity to resolve the matter without attending court. Failure to respond will result in your case being passed to the courts for failing to provide the required information.

Are my Human Rights infringed if I respond to this notice?

No, the Human Rights Act is not infringed under this process. You are still required to provide the information requested. Failure to do so will result in prosecution.

I sold my car recently - why is it still registered under my name?

If you have sold the vehicle and are therefore not the registered owner, we would recommend that you notify us immediately. Please remember that it is your responsibility as the previous owner to notify the DVLA of any change in ownership of the vehicle.

For an individual enquiry about a Notice of Intended Prosecution received, please contact:

Central Ticket Office
Phoenix House
2-8 London Road
Maidstone
Kent
ME16 8PZ

T: 01622 750746


The easiest way to pay your Notice of Intended Prosecution is by sending your licence and payment by post (the details will be on your Notice). However, if you wish to pay in person the office is open Monday-Friday 9am-4.30pm.