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FightBack Forums > Queries > Speeding and other Criminal Offences
LadyTwinkle
Please help, I am a newbie driver and have only been driving for around 2 months... this morning i get an NIP through the post for contravening a red light. Now I admit I was there infact i can remember everything i did that day. But i have no recolection of going through a red light, I am certain it was amber and the reason I did so was because i had already crossed the stop line by the time it changed. Now I would really like to right a letter to them stating this but i am scared because i only have 6 points and i don't want to lose more... please can you help:

1. Will i face more points being deducted from my license if I fight this?
2. What is the next step if i want to fight this?
3. Do i fill out the NIP and send it back straight away?
4. If i fight it do i have to go to court?
5. Can i ask to see the evidence before deciding what i want to do?

Thank you so much, your help is greatly appreciated.

LT
Fredd
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.
Pete D
And tell us what EU licence you have as it is not a UK one. As Fredd says, please complete the NIP Wizard. After you have done the NIP and posted on here, write to the camera unit and request copies of photo's to help identify the driver. Do not elaborate or use the words evidence. When you get them you will be able to see the colour of the traffic light and your position on the road. Pete D

LadyTwinkle
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2008
Date of the NIP: - 11 days after the offence
Date you received the NIP: - 12 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Old Shoreham Road, Sackville Road, Hove.
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 6
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I was caught allegedlly going through a red light. As a new driver i have been so careful not to go through red lights over a fear of this exact incident. I am unclear of the exact details but am almost certain it was an amber light i went through as i had already passed the stop line.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Thu, 11 Sep 2008 15:13:50 +0100
Fredd
QUOTE (Pete D @ Thu, 11 Sep 2008 - 15:05) *
And tell us what EU licence you have as it is not a UK one.

I'm prepared to be impressed. How the heck do you know that????
Pete D
The statement "i only have 6 points and i don't want to lose more... " Spanish Licences start with points and count down unlike ours. So Twinkle what licence do you have, it makes a difference to how this will be dealt with. Pete D
LadyTwinkle
how can i find the address of the camera unit?
If i write to the camera unit for the photos, will they automatically take that as i am pleading not guilty?
If i contess this will i face more points?

QUOTE (Pete D @ Thu, 11 Sep 2008 - 15:28) *
The statement "i only have 6 points and i don't want to lose more... " Spanish Licences start with points and count down unlike ours. So Twinkle what licence do you have, it makes a difference to how this will be dealt with. Pete D


Sorry Pete, I have a UK license. Thanks for all this help.
LadyTwinkle
ok thanks Pete, keep the advice coming. in your own opnion do you think i should contess it or not. I mean i am sure it was amber and i've only been driving two months so i don't want unwarranted points on my license but as the same time i could be increasing the chance of higher points being put on it.

What should i do?
Pete D
Help yourself out and get the photo's then you will know what colour the lights were and what to do next. Pete D
glasgow_bhoy
Pete D- do u ever do anything except give everybody useful advice lol

(its got nothing to do with the topic but everybody seems to be benefitting from this guys infinate wisdom)
Fredd
Apologies to anyone who's been confused by stuff "going missing" from this thread, but a fair bit of garbage collection has been necessary to leave it in a coherent state.
LadyTwinkle
I am writing to the sussex safer roads partnership to get the photos and saying please can i have a copy from the automatic camera device on the (road_ on the (date) at (time).. is that ok? I didn't want to say too much.

I will post pics on here when i get them.

Meanwhile any more advice would be greatly appreciated.

Kind Regards


LT
Pete D
As I suggest earlier in the thread. "request copies of photo's to help identify the driver. Do not elaborate or use the words evidence.

Include the NIP Ref Number and of course your return address. Pete D
Gaza
LadyTwinkle - Red Light cameras work by using sensors in the road surface. They are usually "dead" until the lights change to red. Once the light does to go the red there is normally a slight delay before the sensors go live and therefore are able to detect a car going through on red. If you get the photo they should show the light and the time the light had been red before you triggered it.

This is the junction referred to in the NiP. Which way were you going?
LadyTwinkle
I am not sure which way i was going as i seriously can not remember.
How should I word my letter to the security Camera people as i really do not want to mess this up.. Please help biggrin.gif
Pete D
Please can you supply me with copies of any photographs of this incident to help me identify the driver. That's it but include the date of the alleged offence, the NIP Ref Number and a return address. and do it soon. Pete D
LadyTwinkle
Thank you Pete you are a star. I will keep you informed of my case. Your help is so valuable to me.

LT
LadyTwinkle
hmm photos show quite clearly going through it and the lights were red the whole time.... any ideas?
southpaw82
Reply to the s. 172 requirement naming the driver at the time. Do so by signed for delivery and make sure your reply reaches them before the time limit expires.
LadyTwinkle
no hope then...?
southpaw82
You crossed a red light - what were you hoping for?
MICKY1
QUOTE (southpaw82 @ Sun, 19 Oct 2008 - 21:51) *
You crossed a red light - what were you hoping for?


Someone not saying

QUOTE (southpaw82 @ Sun, 19 Oct 2008 - 21:51) *
You crossed a red light - what were you hoping for?
biggrin.gif
southpaw82
Quite possibly. Where a person is actually guilty of an offence and there is sufficient evidence to convict then I don't think there's much to be done except to comply with the s. 172 requirement and see what transpires.
rawbsoup
Well just checking as I got a lot of help and sorted the parking ticket thought the same on this. No prob, she has sent the thing off... Thanks anyways everyone!
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