Red Light Cameras

[Roblynmouth]

Hi

I have just received a NIP which says that either my wife or me had jumped a red light in our car

The letter was dated 16th December 2010 for an offense dated 13th December 2010.

As i was the driver my wife will be returning the form by record delivery on the 15th January [27 days after the nip was issued.

So far so good.

However we are about to go abroad for in my case until July 2011 [8 Months] and we intend to put a letter in the NIP telling them that

Given that they have to prosecute these things with 6 months of then being committed, by my warning them I am going away does that stop the clock? Or will the time expire because I am not in the UK

I have to write to let them know as there will be nobody here to receive any letters they send us.

So fa

[patdavies]

Sorry, won't work.

 

The information must be laid before a Court in order to issue a summons; prosecution can be up to three years after that.

[Old Snowy]

Re-arranging the facts slightly, in an effort to avoid doubt, I suspect the following is actually the case. I doubt that the NIP alleged that either you or your wife were driving but was simply addressed to the registered keeper of the vehicle - seemingly your wife. The s.172 requirement (which forms an integral part of the NIP) has obliged her to identify the driver at the time (you, the OP) within 28 days of the service of the requirement/NIP. Your wife will duly supply that info to reach the issuer on Day 27.

 

Subsequently, a further NIP will be issued to the OP for him to identify himself as the driver at the time and this information must be supplied within 28 days of the receipt of the s.172/NIP.

 

There are four basic scenarios into one of which matters will fall contingent upon the OP replying to his own s.172/NIP. Firstly, dependant upon which area the offence occurred a driver improvement/awareness course may be offered. A fee is payable to attend but there are no points attached to it and there are other conditions that must be satisfied in order to be eligible to take up such an offer (such as having not attended a similar course in the last 3 years).

 

Secondly, and probably the most likely, the OP will receive a Conditional Offer of Fixed Penalty (COFP). This entails paying £60 and the surrender of the OP's licence for the endorsement of 3 points. On receipt of such an offer the OP will have a further 28 days within which to respond.

 

Thirdly, a review of circumstances are deemed to be too serious and a summons is issued and the OP will be required to attend court. The same will apply if the DI/AC or COFP process stalls and is not complied with as might happen if this is occurs after the OP's departure abroad. His non-appearance will probably result in the case being heard in his absence and his licence may well then be suspended by DVLA until it is surrendered for endorsement. Such a process will almost certainly result in the imposition of a substantial fine as an assumption will be made as to income rather than relying on information concerning this from the OP himself which he will not be able to supply.

 

Lastly - and this applies ONLY if the alleged offence occurred in Scotland and NOT in England and Wales. This is known as "going unsigned". You wife replies as soon as possible and - assuming that you will be here to deal with your own s.172/NIP - that you complete it in every respect, identifying yourself as the driver but DO NOT sign the form. The practical application of the law in Scotland differs somewhat from that in E & W in that no one has yet been prosecuted for failure to furnish on the basis that they did not sign the form. However, what will then happen is that the police will call in person at your address and seek to make a verbal s.172 requirement which must be answered on the spot - no 28 days thinking time allowed. Such calls are far more likely to be persistent if you live in the same police area as the alleged offence took place in. However, assuming that you are going abroad imminently, then you will not be in to be required of but once the reply is in you are liable for a call at any time of the day or night.

 

Given that the OP intends to be absent for 8 months then this will effectively stall the process and no action will result as, in Scotland, matters must progress to pleading diet (plea and directions hearing at lower court) within 6 months not just to the laying of an information (applying for a summons) as in E & W. Without the signed form the authorities cannot proceed against the OP for the offence.

 

There is a small risk that they might proceed against him for failing to furnish but if they did it would be a first.

 

In essence, leaving all of this to fester by not attempting to deal with it at all is probably a bad idea.

 

If the Scottish route does not apply then might I suggest the following: That your wife replies as soon as possible (rather than pushing it to Day 27) and attaches to the response a letter explaining the situation (without giving a forwarding address abroad) and asking that they deal with the matter as expeditiously as possible. Ensure that besides completing the reply form that she writes across it "See Attached Letter". Keep copies of everything you have received and your reply and letter. The next step is very much dependant upon what her replies elicits and how long it takes. In some areas NIP's incorporate a COFP (such as Cumbria) and this would allow you to have the matter dealt with reasonably speedily. In others, however, you may need to arrange for someone to deal with your post and to be briefed on what to do at the next stage.

 

Overall, my suggestion is that you atempt to deal with the matter now rather than going abroad and having a far more complicated situation to deal with. In many respects I hope the offence is a Scottish one as your circumstances play straight into going unsigned.

Edited January 2, 2011 by Old Snowy