NIP - Red Light Offence

dave_h · 13th April 2007, 11:53

HI all..

This is slightly off topic, but have seen similar and would like to get something clarified and some advice on what to do next.

I recieved a NIP on the 19th March 2007. 1st letter - Please tell us who was driving etc....

The offence - Contravening red traffic light on 26 NOV 2006 at 01.44 etc... 28 days to reply.... blah blah.

I have seen other threads where people have said that the NIP for speeding cameras must be recieved within 14 days... This has taken them nearly 4 months to post it to me, as the date on the letter is 19th March 2007.

being a cabbie at the time, with passengers... i don't recall going through a red light.

What shall i do, i don't want to take the points if i don't need to.

patdavies · 13th April 2007, 12:02

Are you the registered keeper of the vehicle? If so, has this been for some time at the same address and are your name and address details correct on the V5?

Only the first NIP to the registered keeper has to be within 14 days of the alleged offence.

Anyway, you may still get away with it. You have 28 days to provide details of the driver from the date of service of the NIP. They will then probably issue a Conditional Offer of Fixed Penalty. If you ignore this, then their only option is to summons you to the Magistrates' Court. To do this, they must 'lay' information with the Court within 6 months of the offence. They cannot do this whilst the COPF is active - it must say on it that no other action will be taken for 28 days; so it will be too late to issue a summons.

Breathe easy and in future, do not cross red lights - people die because of this

dave_h · 13th April 2007, 12:07

I had the car for about a month before, the offence, but had recieved the V5 back a week or 2 before the offence. With the same name and address.

Thanks for your help, i will fill it in and send it today and then ignore the next one. if the timing is right.

Cheers
Dave

Rob S · 13th April 2007, 14:38

Dave, you should try and clarify if the NIP you have received is the first one they have sent out. As Pat has said, the first one has to be served on the registered keeper within 14 days of the offence. If they fail to do that then they can not continue with the matter (though they will try). Write to them and point out that it is the first NIP you have received and it is out of time and see what happens. Have you replied to them yet?

dave_h · 13th April 2007, 14:40

Thanks Rob,

No i have not yet replied, will reply today/tomorrow so that the 28 does not expire.

Rob S · 13th April 2007, 14:50

They have until the 26th May to lay information in a court. The perceived wisdom in matters where the NIP has been sent out after teh required 14 days is to fill out the NIP naming the driver at the time of the alleged offence and then send it in with a suitable letter. If you take a look at the following link;-

Can I be prosecuted when the NIP arrived after 17 days? - FightBack Forums

you will see a letter in the second post in the thread. You might consider it worthwhile to use this letter.

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