Red light offence time barred ?

[Brian15]

I got pulled 3 weeks ago today for the above offence by an unmarked police van , as of yet I’ve heard nothing , is there a length of time after the offence you should hear something ? 

[MikeTheThinker]

According to THIS lawyers' site:

 

"If you are caught driving through a red traffic light by a safety camera in the UK, you should receive a Notice of Intended Prosecution within 14 days. You then have a period of 28 days to return the form with details of the driver at the time of the alleged offence.

After this, you will usually receive a fixed penalty notice within 28 days of returning the Notice of Intended Prosecution, informing you of the penalty for the offence. You can then choose to accept the fixed penalty or to request a Court hearing to defend the allegation."

 

There's also information on the motoring organisations websites (AA, RAC).

[AnnoyingPentium]

1 hour ago, MikeTheThinker said:

According to THIS lawyers' site:

 

"If you are caught driving through a red traffic light by a safety camera in the UK, you should receive a Notice of Intended Prosecution within 14 days. You then have a period of 28 days to return the form with details of the driver at the time of the alleged offence.

After this, you will usually receive a fixed penalty notice within 28 days of returning the Notice of Intended Prosecution, informing you of the penalty for the offence. You can then choose to accept the fixed penalty or to request a Court hearing to defend the allegation."

 

There's also information on the motoring organisations websites (AA, RAC).

 

I concur with the above. I can't say this is the definite law as I am not a lawyer, although it is what I thought the law was on things like this.

 

However, your mileage may vary, seek professional opinion etc etc.

[Ootohere]

@AnnoyingPentium In Scotland they can make it up as they go along and use excuses why the NIP was not with you in 14 days.

Ok if you fight it and win.  Appear or have a solicitor, luck.

 

Anyplace remember the David Beckham defence.   So are you the Registered Keeper and the NIP will come to your Registered Address, or is it a lease or company car or a Bentley you borrowed? 

Is your postal deliveries reliable or do you have dodgy posties? 

 

Edited 15 May, 2023 by toot

[Ootohere]

http://briskoda.net/forums/topic/510795-nip-received-from-average-speed-camera

 

[J.R.]

6 hours ago, Brian15 said:

I got pulled 3 weeks ago today for the above offence by an unmarked police van , as of yet I’ve heard nothing

 

Your Notice of Intended Prosecution was given to you verbally when you were stopped, they will have said something like "you are being reported for consideration of the offence....................... blah blah blah"

 

The above advice relates to recieving an NIP via the post from an automatic camera where otherwise you may be unaware of having committed the offence.

 

Did they caution you with "you do not have to say anything but anything you do say....................." ?

 

They can send you the fine or take you to court at any time they wish in the future, a guy was extradited from the USA for not appearing at court for a trivial offence 30 years earlier.

[Brian15]

1 hour ago, J.R. said:

 

Your Notice of Intended Prosecution was given to you verbally when you were stopped, they will have said something like "you are being reported for consideration of the offence....................... blah blah blah"

 

The above advice relates to recieving an NIP via the post from an automatic camera where otherwise you may be unaware of having committed the offence.

 

Did they caution you with "you do not have to say anything but anything you do say....................." ?

 

They can send you the fine or take you to court at any time they wish in the future, a guy was extradited from the USA for not appearing at court for a trivial offence 30 years earlier.

He didn’t really say much , he came up behind me blues n twos on and gestured me to wind down my window. 

all he pretty much said was “ you’ve just run a red light and I’ve now got your face on camera too, that’s £200 and 3 points”  

 

[Ootohere]

Why not just telling you the £100-£1,000 and an endorsment?  He must of determined the severity of the supposed crime.

Like something off of Traffic Police / Interceptors or 'You've been framed'.     I hope you got his registration number!

[skomaz]

Sounds like it was some jobsworth in a van with some fancy lights pretending to be the police...

 

Usually they use unmarked cats or SUVs, not vans.

[nta16]

I believe, might be wrong, unmarked speed vans might have been in use/used and there's no legal requirement for them to be marked.

 

Certainly in Northamptonshire where the county's road safety cameras were turned off many years ago there's going to be an unmarked mobile enforcement vehicle soon (now?). - https://www.northants.police.uk/news/northants/news/news/2022/december/unmarked-mobile-enforcement-vehicle-to-be-used-in-northamptonshire/

 

[J.R.]

2 hours ago, Brian15 said:

He didn’t really say much , he came up behind me blues n twos on and gestured me to wind down my window. 

all he pretty much said was “ you’ve just run a red light and I’ve now got your face on camera too, that’s £200 and 3 points”  

 

 

I think you would agree that is a Notice of Intended Prosecution! 😄

 

No doubt his written statement (probably a cut n paste) will sound nothing like what he actually said, that you admitted the offence, were cautioned and made no reply or said "it's a fair cop guvnor, I'll come quietly" 🤣

 

Bottom line is you wont have the defense of being served with the NIP outside of the time limits or  that someone else was driving.

 

[Gaz]

2 hours ago, skomaz said:

Usually they use unmarked cats......

 

aka Moggies 🤣

 

G

 

[ApertureS]

7 hours ago, MikeTheThinker said:

According to THIS lawyers' site:

 

"If you are caught driving through a red traffic light by a safety camera in the UK, you should receive a Notice of Intended Prosecution within 14 days. You then have a period of 28 days to return the form with details of the driver at the time of the alleged offence.

After this, you will usually receive a fixed penalty notice within 28 days of returning the Notice of Intended Prosecution, informing you of the penalty for the offence. You can then choose to accept the fixed penalty or to request a Court hearing to defend the allegation."

 

There's also information on the motoring organisations websites (AA, RAC).

This relates to fixed safety cameras at the side of the road.

 

If you were pulled over thats a different kettle of fish and you should of been given a piece of paper at the side of the road with details on it. 

 

(not legal advice)

Edited 15 May, 2023 by ApertureS

[Dean]

On 15/05/2023 at 16:53, Brian15 said:

He didn’t really say much , he came up behind me blues n twos on and gestured me to wind down my window. 

all he pretty much said was “ you’ve just run a red light and I’ve now got your face on camera too, that’s £200 and 3 points”  

 

I doubt you'll hear anything. If he pulled you over, S.163 and stated that 'you're being reported for...', and started the process, then yes you'll know as he'll give you the option to either sign or caution you (after he's said you're being reported). Depending on the force, a lot of it is electronic. So you get nothing at the roadside. Your details, and car details and offence is all that is needed, and then it's all sorted out centrally.

[StevesTruck]

I'm thinking it's some walt who thinks having a dashcam and some lights off ebay makes him Judge Dredd. 

[Ootohere]

A good few years back on the A939 i was nipping on and had stopped to take some pictures and started off again and 2 Audi's came up behind me and i battered on and the front one put on the Blues and the went past and on up the road and i kept up for a while and they headed off to Grantown-on Spey.

That i suspected was a young royal on the go.

 

A few years later in the same area but further south and it was getting dark and a white van came up on me and could not pass and i just kept on driving as quick as i thought safe and it was not that near.

Then the blue lights come on and i pull over and off it goes, it was a Ford Courier with 'Organ  & Tissue transport' on it.

I just followed it up the road as it was going slower than i would have been doing.

http://scotsman.com/health/organ-transport-drivers-near-new-speed-limit-laws-1630625

 

the Audi incident was up the road from here.

 

Edited 17 May, 2023 by toot

[Lady Elanore]

What was the outcome of this? 

 

[Brian15]

3 hours ago, Lady Elanore said:

What was the outcome of this? 

 

Nearly six weeks and not heard a thing.