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Strange situation ( Notice of intended prosecution) apparently police witness but was not pulled over?
DFella
post Fri, 22 Oct 2021 - 09:23
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Hello, This is an odd situation, so I am looking for advice on what I should do and whether my case has any merit to be won in court.

I have recently received a notice of intended prosecution for " contravene red automatic traffic signal (motorway), contrary to section 36 of the road traffic act "
upon googling it seems this is a red X lane closure sign.

Now Im 100% certain I did not drive in a closed lane, the night in question I was driving to Dover to get the ferry to France so I remember it particularly well as it wasn't a normal drive, It was night time and the roads were empty, there is no way on earth I would not have seen a bright red X on a smart motorway.

Next it gets more interesting, so I email the police and request photographic evidence, this is their response

" Good afternoon,

Your request has been addressed to the Camera and Tickets Office for Bedfordshire Police and the Cambridgeshire and Hertfordshire Constabularies, however the Notice number appears to relate to an alleged offence issued by the Road Policing Unit, on behalf of Bedfordshire Police and the Cambridgeshire and Hertfordshire Constabularies.

This means that a Police Officer, whose details are given on the reverse of the Notice, has witnessed the vehicle at the stated location allegedly committing the offence stated. As such, it is regretted that we cannot deal with your request.

You can contact the Officer direct by calling 101 and requesting to be put through to Hertfordshire Constabulary, when prompted, as it will route your call to your local Police otherwise.

However, as stated in the Notice, you are required to assist the Police in identifying the driver by completing the form on the reverse. If you were the driver and wish to query the alleged offence, you can also include a covering letter with your response to the Notice.

Regards "

So a police car / officer has seen me commit an offence and has not pulled me over at the time?

How can they prove I broke the law? I honestly did not drive in a red X, they must be mistaken.

What makes this more complicated is the fact I ​am currently on 9 points 6 of which expire in 1 week, this date of this offence means if i get 3 points ill TOT up to 12 and be banned.

So, As my licence is on the line i wish to take this to court and argue my case, what are my chances of winning considering I was not pulled over, and there is no photographic evidence? I was also with my girlfriend in the car at the time.

Also, as I returned from Europe 1 month later I only had 2 days to reply to the NIP so I have returned it as I would have went past the deadline stating I was the driver at the time of the alleged offence.

Thank you for your help

This post has been edited by DFella: Fri, 22 Oct 2021 - 09:32
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post Fri, 22 Oct 2021 - 09:23
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The Rookie
post Fri, 22 Oct 2021 - 18:53
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The NIP presumably tells the time and place of the alleged offence (if it doesn’t then that in itself would be a defence), so why not ask national highways for details of any lane closures in the area at that time?

EDIT, I wonder if he was situated after the sign and saw you pass in the ‘closed’ lane without knowing whether you actually passed the X or not?

This post has been edited by The Rookie: Sat, 23 Oct 2021 - 06:29


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Logician
post Sat, 23 Oct 2021 - 01:37
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QUOTE (TryOut @ Fri, 22 Oct 2021 - 16:22) *
HADECS3 systems can and do enforce the prohibited lane offence indicated by a Red X sign. They enforce the sign when indicated either on an over-the-lane AMI or a side mounted MS4 sign.


Thank you, that's useful


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mdann52
post Sat, 23 Oct 2021 - 20:22
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QUOTE (Logician @ Fri, 22 Oct 2021 - 12:04) *
As far as I am aware, the HADECS 3 camera systems fitted on so-called Smart motorways enforce only speed, not ignoring the lane closure indicated by a red X.

A friend of mine who got a NIP from a HADEC3 on the M5 in Bristol for going through a red X the other day will beg to differ....
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