Legal Procedure and Paperwork
If you have not been stopped at the time of the offence, the Police have to serve a Notice of Intended Prosecution on the registered keeper within 14 days of the incident. Once in receipt of the NIP, the recipient has 28 days in which to reply and identify a driver.
If you are then offered but unable to accept a Fixed Penalty, the Police have 6 months from the date of the incident in which to commence proceedings. It should be noted that the Police do not have to serve the Summons / Postal Requisition on you within 6 months; they merely have to file their papers at Court in that time.
If you are stopped by the Police, they do not have to provide you with any paperwork but would normally give you a producer if you do not have your driving licence or other documents available at the time. Having provided you with a verbal Notice of Intended Prosecution (ie told you of the nature of the offence and that action will be taken) the matter can be referred to Court. In all probability, the next communication, you will have will be from the Court.
If you do not have your licence on you, and the Police give you a Fixed Penalty, you will not be able to accept this if you have 9 current points or more. Should you try to accept same, your payment should be returned and the matter referred to Court. However, in those circumstances, you would normally be given a producer and when you comply with that, you will be advised at the Police Station that the Fixed Penalty has been withdrawn, due to the number of points on your licence.
You will be required to produce both parts of your driving licence, proof of insurance and for vehicles in excess of 3 years old, a valid MOT certificate.
No. All the Police have to do is advise you of the allegation, inform you of your rights and that action will be taken. Although nowadays, most Police vehicles are fitted with video or other equipment, and indeed it is recommended that the accused is shown evidence at the scene, there is no obligation to do so.
Your obligation is to confirm your identity and if you do not own the vehicle, confirm who it does belong to. Thereafter, you do not have to provide further information, but as the Police will no doubt point out, if you do not say anything, it may harm your defence should you fail to raise anything that you may seek to rely upon at a later date.