Author Topic: Partner received NIP Section 36 (1). I was driving - should I challenge or accept?  (Read 819 times)

0 Members and 84 Guests are viewing this topic.


<p> </p>

My partner received an intended prosecution letter for a Section 36 (1) </p>
<p> </p>

<p>Recorded time into Red: 1.1 secs </p>
<p>Date:3/1/2025 </p>
<p>NIP received: @12th Jan 2025 </p>
<p>Location: A200 Jamaica Rd j/w Abbey St W/B SE1 (4058) </p>
<p> </p>

<p>They have only just shared the letter with me as they got scared about the letter. We have worked out that I was actually the driver at this time - so I wanted to work out if there are any options to challenge it based on the below. </p>
<p> </p>

<p>In honesty, it is difficult for me to remember exact details (pregnancy brain) and the MET have only provided images so I am not sure if I went pasted the white line when it was amber and then it turned red and if it was too late to stop behind the white line. There was a box junction in front of me and a bus, so I couldn’t see any further forward but I ended up pushing forward to the edge of the box junction, to get out of the way of the pedestrian crossing that the car was sitting on - as there were pedestrians waiting - seen in the image provided by the MET. I have been racking my brains about how it happened as I have driven for nearly 20 years and never had a ticket of any kind, and I would not have just driven through a red traffic light. </p>
<p> </p>

<p>The police have provided on the website a calibration certification from a company, that shows nothing was wrong with the light system and images of the car at various stages in the red light, along with a final image of car registration that is not my partner’s. </p>
<p> </p>

<p>They have offered my partner to give the name and address of the driver, which is me and on the letter it says if the information is provide on time “the driver MAY be able to take an educational course instead of paying a fine and having points on their licence. Only available until 02/0/4/2025.” </p>
<p> </p>

<p>I am obviously going to say I was the driver so I need to respond with this info, however my questions are:</p>


<p> -Can you argue the images do not show the whole story? Or does this have no legal standing? </p>
<p> - Is it easier to accept liability as the driver and accept their offence? </p>
<p> - There were/are no signs for a red light camera showing or to my knowledge at this location, or is this not a requirement? </p>
<p> - Will I also be given the chance to take an educational course? I don’t have the money for a fine, or points will increase the insurance premiums and the letter says “may be able to take”.</p>
<p> - I am due in a few months, can you postpone doing the educational course if not offered before the due date or can you do it online? ie. can you ask for any special dispensations?</p>
<p> - My driving licence is at my old address and not my current one - should I get all letters sent to that address or change my driving address today? </p>

Share on Bluesky Share on Facebook


Given that one of the questions you are posing partly concerns the images the police have provided of the alleged offence, it may be helpful to share those images with us.

Thanks I wasn't sure if I was allowed to based on the READ THIS FIRST POST.

Images attached.

[ Guests cannot view attachments ]

this is the image of a car registration they included but it isn't my partner's car

[ Guests cannot view attachments ]

this is the image of a car registration they included but it isn't my partner's car

That is the reg of the bus in front of you.

There is a picture with your car straddling the line while the red light was showing, and a subsequent picture showing your car entirely beyond the line with the red light still showing. Do you think that from the photos the court can be sure that some part of your car went forwards over the line when the red light was showing?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

There is a picture with your car straddling the line while the red light was showing, and a subsequent picture showing your car entirely beyond the line with the red light still showing. Do you think that from the photos the court can be sure that some part of your car went forwards over the line when the red light was showing?

Hi, thanks for your response. As I can't recall the event precisely and have no video of it, I am not sure if I was slowing down the car and that's why I was moving forward.

Based on your question and with only the images as evidence, I would suspect I would struggle to contest and the court would find me at fault but again I'm not an expert, so any advice taken onboard.

If any part of your vehicle passes the line in a forward direction while the red light is showing you commit the offence.
It did and you did.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Quote
As I can't recall the event precisely and have no video of it,...

No, but you have those photographs, which clearly show that your car crossed the white line whilst red was showing.

Quote
I am not sure if I was slowing down the car and that's why I was moving forward.

Whatever you were doing, the photos show that you did not stop before reaching the white line. So you have committed the offence.

What exactly is the "rest of the story" which you believe the photographs do not show and which you think the court should hear?

Quote
I am obviously going to say I was the driver so I need to respond with this info,...

No you don't. Your partner does. You will then get your own notice asking you to confirm you were driving.

Quote
There were/are no signs for a red light camera showing or to my knowledge at this location, or is this not a requirement?

No it is not a requirement.

Quote
can you postpone doing the educational course...

If you are offered a course you will have to complete it within about four months from the date of the offence (the offer will provide the exact details).

Quote
...can you do it online? ie. can you ask for any special dispensations?

Most courses are held online. It will cost you about £100 which you will have to pay in one payment before you take the course.

Quote
My driving licence is at my old address and not my current one - should I get all letters sent to that address or change my driving address today?

Your partner should provide your current address when responding to the request for driver's details. You should do likewise when you receive your own request. It would be a good idea to change your D/L details.
« Last Edit: February 03, 2025, 03:43:09 pm by NewJudge »

If any part of your vehicle passes the line in a forward direction while the red light is showing you commit the offence.
It did and you did.

Thanks, I will accept and move on. Do you think I will be offered the educational course to me too?

Quote
As I can't recall the event precisely and have no video of it,...

No, but you have those photographs, which clearly show that your car crossed the white line whilst red was showing.

Quote
I am not sure if I was slowing down the car and that's why I was moving forward.

Whatever you were doing, the photos show that you did not stop before reaching the white line. So you have committed the offence.

What exactly is the "rest of the story" which you believe the photographs do not show and which you think the court should hear?

Quote
I am obviously going to say I was the driver so I need to respond with this info,...

No you don't. Your partner does. You will then get your own notice asking you to confirm you were driving.

Quote
There were/are no signs for a red light camera showing or to my knowledge at this location, or is this not a requirement?

No it is not a requirement.

Quote
can you postpone doing the educational course...

If you are offered a course you will have to complete it within about four months from the date of the offence (the offer will provide the exact details).

Quote
...can you do it online? ie. can you ask for any special dispensations?

Most courses are held online. It will cost you about £100 which you will have to pay in one payment before you take the course.

Quote
My driving licence is at my old address and not my current one - should I get all letters sent to that address or change my driving address today?

Your partner should provide your current address when responding to the request for driver's details. You should do likewise when you receive your own request. It would be a good idea to change your D/L details.

Thanks, only just saw your post. appreciate your time in responding.