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#Post#: 56335--------------------------------------------------
Partner received NIP Section 36 (1). I was driving - should I
challenge or accept?
DIR By: Glasses78
Date: February 3, 2025, 6:01 am
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<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>
#Post#: 56342--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: DWMB2
Date: February 3, 2025, 6:31 am
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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.
#Post#: 56345--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: Glasses78
Date: February 3, 2025, 6:41 am
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Thanks I wasn't sure if I was allowed to based on the READ THIS
FIRST POST.
Images attached.
[attachment deleted by admin]
#Post#: 56346--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: Glasses78
Date: February 3, 2025, 6:42 am
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this is the image of a car registration they included but it
isn't my partner's car
[attachment deleted by admin]
#Post#: 56353--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: Chijiki
Date: February 3, 2025, 7:13 am
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--- Quote from: Glasses78 link ---
>
> this is the image of a car registration they included but it
isn't my partner's car
>
--- End Quote ---
That is the reg of the bus in front of you.
#Post#: 56367--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: andy_foster
Date: February 3, 2025, 9:08 am
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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?
#Post#: 56371--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: Glasses78
Date: February 3, 2025, 9:14 am
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> 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?
>
--- End Quote ---
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.
#Post#: 56375--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: andy_foster
Date: February 3, 2025, 9:32 am
---------------------------------------------------------
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.
#Post#: 56378--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: NewJudge
Date: February 3, 2025, 9:41 am
---------------------------------------------------------
--- Quote ---
> As I can't recall the event precisely and have no video of
it,...
--- End Quote ---
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.
--- End Quote ---
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,...
--- End Quote ---
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?
--- End Quote ---
No it is not a requirement.
--- Quote ---
> can you postpone doing the educational course...
--- End Quote ---
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?
--- End Quote ---
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?
--- End Quote ---
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.
#Post#: 56379--------------------------------------------------
Re: Partner received NIP Section 36 (1). I was driving - should
I challenge or accept?
DIR By: Glasses78
Date: February 3, 2025, 9:45 am
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> 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.
>
--- End Quote ---
Thanks, I will accept and move on. Do you think I will be
offered the educational course to me too?
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