What do I do if I get a speeding notice but I was not driving?
Short answer
Name the driver — you have no choice. As the registered keeper you are legally obliged to complete the Section 172 notice identifying whoever was at the wheel, even if that turns out to be you. Failing to provide driver information is a separate offence carrying a £200 fine and 6 penalty points.
The first notice through the door is usually a Notice of Intended Prosecution (NIP) with a Section 172 request attached. It is addressed to you as the registered keeper, not as the accused — the police are asking who was driving, because a camera photographs the car, not the person. For a camera-detected offence the NIP must be sent within 14 days of the offence; if it was not, the prosecution cannot proceed. It goes to the address held on the DVLA database, so keep your V5C up to date.
Answering the Section 172 request
- You must name the driver. Section 172 of the Road Traffic Act 1988 puts a legal duty on the keeper to identify who was at the wheel — including where that person is you.
- Failing to respond is worse than the speeding. Failure to provide driver information carries a fixed penalty of £200 and 6 penalty points, against £100 and 3 points for the speeding itself.
- "I do not remember" is generally not accepted. If you genuinely cannot say — a company fleet vehicle, for example — explain carefully what records you hold and what steps you took to find out.
- Do not simply ignore it. Failing to identify the driver is one of the routes that sends a case straight to the magistrates' court.
What happens to the person you name
The notice is redirected to them, and they get the standard options: a £100 fine and 3 penalty points, or, if eligible, a speed awareness course costing around £80–£100 with no points. Eligibility usually requires not having attended a course in the previous 3 years, and a speed within the range set by that police force. There are 28 days to pay, accept the points or elect to be heard in court.
Electing for court is a genuine right, and the route to take if the driver disputes the reading — the prosecution must produce the calibration certificate, and the device's operating records can be requested through court disclosure. But weigh the risk: magistrates are not bound by the fixed penalty and fines are means-tested, so even a Band A speeding fine is 25–75% of weekly income, plus costs and the victim surcharge. Ignoring the notice altogether is the worst option — conviction in your absence brings a fine of at least 1.5 times the fixed penalty, plus costs, and an arrest warrant if it goes unpaid.
Related guides
Fixed Penalty Notices: Speeding and Parking
A Fixed Penalty Notice (FPN) is a formal notice issued for a road traffic offence such as speeding or parking violations. You have 28 days to decide whether to pay or to request that the matter is heard in court — and each option has different consequences.
6 min
Speed Awareness Courses: What They Are and Whether to Accept
If you are caught driving slightly over the speed limit, the police may offer you a speed awareness course as an alternative to a Fixed Penalty Notice (FPN) and penalty points. Understanding the offer, its costs, and its implications helps you make the right decision.
6 min
Penalty Points and Disqualification
Penalty points (endorsements) are added to your driving licence when you commit certain road traffic offences. Accumulate too many and you will face automatic disqualification from driving — understanding the rules helps you manage your licence and protect your livelihood.
6 min
Exceptional Hardship Plea: Avoiding a Totting-Up Disqualification
If you reach 12 penalty points within 3 years, the court must disqualify you for at least 6 months under section 35 Road Traffic Offenders Act 1988 — unless you successfully plead 'exceptional hardship'. The bar is high but not impossible: about 35-40% of pleas succeed. This guide explains what counts as exceptional hardship, how to prepare evidence, and the court process.
9 min
More driving questions
Disclaimer