Free Traffic Legal Advice

Hi guys,

I’ve received a SJP for the following

- stop vehicle in pelican crossing controlled area
- fail to give information relating to ID of driver

Essentially the area in question (as shown on photos), is a cut-out parking layby, full every day of the week, with no hatching or anything like that.  This was the first time in years that I’d parked there, and I guess I got unlucky on this particular occasion.

I didn’t know (as clearly do none of the other drivers everyday) that despite this being a parking area, half of it is actually illegal because of the road markings), but I know ignorance is no defence.

On the failing to provide information, I received the letter from the police which gave the offence with no explanation or evidence, or even an offence code, so I had no idea what I was meant to have done.  I wrote back within the week, filling the form and, as directed, using a second sheet with further explanation.  I explained that at the alleged time of the offence, I was parked in a parking area, with other drivers, and that at the specific time I wasn’t driving the car, and was actually in a meeting with 2 colleagues.  I sent this using a first class stamp, to the address given.  Unfortunately, and I guess this may be my problem, I didn’t post with proof of posting.

The only other thing to mention is that the date of the first offence is listed as Jan 2024, with the date of the second offence listed as March 2023.  Clearly a typo, but in that case I don’t know what to do.

Obviously had I had confirmation from the police of the alleged offence, with evidence, I could have challenged at the time, or agreed and taken the fine.

So, my questions are

1) despite the area being a parking lay-by, have I committed an offence? (I will take this up with the council after to ask they look at the problem)

2) I guess then I plead guilty to the first offence? 

3) How should I pleased to the second offence, based on the above (sending the information back, and the incorrect dates)?

4) Should I ask to go to court?

5) The criminal record really scares me - I’ve never had anything like this before - but I think I’m right in saying that if I am found guilty, the offence wouldn’t show on searches? An added complication is that I have a global entry status with the US, does anyone know if I’d have to declare this, or if it’s searchable by them?

6) If guilty, what am I looking at, punishment wise?

Photo: https://ibb.co/x2Rk6Qf

Thank you so much in advance

I did explain this in the original post - I got a letter and a form asking me to reply to confirm driver, which I did send back

Thanks, and sorry, I see what you mean.  The letter I got in the mail originally was a NIP.  It did say ‘stop vehicle in pelican crossing’ but I didn’t know what that meant, and there was no information (as I wasn’t driving the car - it was in a parking space - I thought maybe a fixed camera was pointing the wrong way).

So to summarise what you’ve said,

- plead not guilty to both, - suggesting that im willing to accept the first charge if the second is dropped
- request that the penalty be looked at in line with the original NIP on the basis I did respond and they didn’t receive it

Is that right? And what do I say when they ask if I was the driver (as you mentioned they can’t prove it was me)?

I can’t tell you how much I appreciate the help, thank you

I did reply to the NIP saying I owned the car but wasn’t in it (it was parked) but they say they didn’t receive that

Presumably there is a witness statement from the CTO concerning the service of notices. What exactly does it say regarding the s. 172 response?

Presumably there is a witness statement from the CTO concerning the service of notices. What exactly does it say regarding the s. 172 response?

It says “reminder letters are no longer being sent out.  To date no response has been received in the West Midlands police central ticket office”.

Is the fact that the date of the alleged 2nd offence is a year out an issue here? (It says 2023 instead of 2024)

I did reply to the NIP saying I owned the car but wasn’t in it (it was parked) but they say they didn’t receive that

But did it say you were the driver at the relevant time (when the car was parked).  If it didn't the Police will say that no acceptable response was received, as it wasn't!