It's been several months since I returned my NIP, It's all gone quiet - what to expect? |
It's been several months since I returned my NIP, It's all gone quiet - what to expect? |
Tue, 25 Nov 2008 - 17:16
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#1
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New Member Group: Members Posts: 5 Joined: 25 Nov 2008 Member No.: 24,370 |
Last night, driving along the Old Shoreham Road in Shoreham, West Sussex, at about 30mph (speed limit in place is 40mph) I was flashed twice by a traffic light camera, and I now have serious doubts over whether the lights were green or not.
I didn't try to go through on orange or anything like that, I had just finished a workout at a sports centre so was a little tired. I remember that at the junction that I drove over, a Police car was heading in the opposite direction to me and turned right, I was paying particular attention to the movement of the traffic around me since I wasn't sure the Police car was going through on green and some people drive very strangely under those circumstances, and I think I might not have noticed the lights change because of this - I can't remember the colour of the lights at all to be honest. I'm normally a very careful driver and have no current points on my license, although I'm still being stung by insurance companies for mistakes made over three years ago. What should I do if an NIP turns up on my door? Just roll over and take the points? Or is there a better course of action? |
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Tue, 25 Nov 2008 - 17:16
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Tue, 25 Nov 2008 - 17:19
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#2
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
Always ask for photographs "in order to aid with identification". They will most likely send the two photographs and you should be able to see the state of the lights and the position of your vehicle at the time.
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Tue, 25 Nov 2008 - 17:25
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#3
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Member Group: Members Posts: 10,460 Joined: 8 Sep 2008 Member No.: 22,424 |
Just relax a bit in the mean time though, as not all cameras have film in them
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Tue, 25 Nov 2008 - 17:25
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#4
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Member Group: Members Posts: 4,748 Joined: 4 Apr 2007 Member No.: 11,456 |
This was last night. The OP will have to wait to see if a NIP drops through the door in the next 14 days. Pete D
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Wed, 3 Dec 2008 - 18:25
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#5
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New Member Group: Members Posts: 5 Joined: 25 Nov 2008 Member No.: 24,370 |
I've now got an NIP, dated 2nd December 2008, stating pretty much as I described it above (29mph, A270 Old Shoreham Road, 24/11/08).
What do I do? Should I just complete the NIP, send it off, take the points and fine? Is there a credible alternative? |
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Wed, 3 Dec 2008 - 18:35
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#6
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
You can write and ask for photos to assist you in identifying the driver. This will probably show you whether the lights were red or not. However, these cameras are rarely wrong.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Wed, 3 Dec 2008 - 20:26
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#7
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New Member Group: Members Posts: 5 Joined: 25 Nov 2008 Member No.: 24,370 |
So assuming the lights were red (I think they were, based on everything above) there's no likely way around this and I should just complete the NIP form in full, sign it and send it?
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Wed, 3 Dec 2008 - 21:41
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#8
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
So assuming the lights were red (I think they were, based on everything above) there's no likely way around this and I should just complete the NIP form in full, sign it and send it? If you fail to provide (within time) the information requested, you are liable to be prosecuted for failing to furnish driver details; an offence which, upon conviction, would see you saddled with 6 points, a fine of £300+, costs and the mandatory Victim Support Surcharge of £15. |
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Fri, 5 Dec 2008 - 20:52
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#9
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New Member Group: Members Posts: 5 Joined: 25 Nov 2008 Member No.: 24,370 |
So the best course of action is to just take the points and fine - there aren't any ways out of this? How much is it these days - still £60 for a FPN?
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Sat, 6 Dec 2008 - 05:56
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#10
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Member Group: Members Posts: 7,686 Joined: 21 Dec 2004 From: ------------- Member No.: 2,073 |
So the best course of action is to just take the points and fine - there aren't any ways out of this? Its fair to say that there aren't any silver bullets out there which would instantly put paid to an allegation of a motoring offence. If you decided to contest the allegation, then you would need at least some semblance of a defence, or be able to demonstrate a fundamental evidential or procedural flaw (or rely upon a prosecution snafu), to avoid being convicted. How much is it these days - still £60 for a FPN? Traffic light offences are ordinarily dealt with by Conditional Offer of Fixed Penalty - £60 & 3 points - unless there were aggravating factors (such as a very long time into red, for instance). |
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Thu, 2 Apr 2009 - 18:22
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#11
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New Member Group: Members Posts: 5 Joined: 25 Nov 2008 Member No.: 24,370 |
Last year, just before Christmas I sent a completed NIP after a letter came through my door telling me I'd gone through a red light whilst driving at about 10mph below the speed limit, and I thought it was quite possible I had indeed done so as I could recall that evening and thought I had been flashed by a fixed camera. I had been concentrating on the movement of other traffic as a police car with it's blue lights flashing went through the traffic light junction out of sequence (when the light's in it's direction of travel were red) before I went through, and possibly made an error as I was concentrating on the erratic movement of other vehicles as a result of the police car going through on red.
So it's been over three months since I sent the NIP back and I haven't heard back from the police yet. Is this normal? What should I expect? This post has been edited by AA79: Thu, 2 Apr 2009 - 18:25 |
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Thu, 2 Apr 2009 - 18:51
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#12
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Member Group: Members Posts: 3,140 Joined: 19 Jun 2004 From: Surrey Member No.: 1,326 |
Presumably the NIP you filled in was addressed to you? If so, it sounds like either they've cocked up or intend to issue you with a summons. If it's the latter, you won't know for sure until 7 months or so after the original offence.
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Thu, 2 Apr 2009 - 18:57
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#13
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Member Group: Members Posts: 10,460 Joined: 8 Sep 2008 Member No.: 22,424 |
Did it mention how long the lights had been red for; if it was quite a while then you could be facing a summons as you had not just went through the red light
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Thu, 2 Apr 2009 - 19:34
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#14
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Member Group: Life Member Posts: 24,214 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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