Two Red Traffic Light Offences

Question:

I have been sent two separate notice of non-compliance letters-failing to stop at a traffic light. However, I am unable to remember the circumstances. I am required to sign, confirm and return the letters within 28 days.

However as this is the first time I have experienced anything like this I need some advice as to how I can challenge this?

Graham Says;

I assume that you have been sent requests to name the driver at the time of the alleged offence. If you name yourself you will face 6 penalty points in total, 3 for each offence.

All you are being asked to state is the name of the driver at the time of the alleged offence. You are not being asked to admit the offences themselves.

If you would like me to deal with these matter on your behalf then come back to me and I will be happy to assist further. I assume that you have a clean licence? Are you a new driver? Tell me more.

Question Response;

Just to confirm a few details. Yes I was the driver of the vehicle (no one else was driving the vehicle at the time/or has access to it).

However, the challenge I have is I simply cannot recall the offences, in any case, the only reason why I would have failed to stop would be under the situation where it would be unsafe to do so at the time taking into consideration the driving conditions I.E peak working day traffic.

I have been driving for well over 10 years and I have never before had any offences against my name-as a result I am concerned. The paperwork I have received requires me to confirm the offences including the driver at the time within 28 days. If there is anything you can do to help I would very much appreciate

Graham Says:

I am afraid that you will struggle to defend these matters if you cannot recall the incidents in question.

In order to defend the allegations you are required to cast a doubt on the prosecution evidence. If the most you can say is that you cannot remember the alleged offences then you will not succeed.

The prosecution will adduce evidence of your car proceeding beyond the stop line when the lights are on red. If you are unable to contradict this evidence in any way then you will lose I’m afraid.

I suggest you take these matters on the chin. I do not say that lightly, but I do not want you to waste your money trying to defend them with no prospects of succeeding.

Keep my details and if anything else happens come back to me immediately. If you get 12 penalty points on your licence and the offence are all with 3 years of each other you will be at risk of a totting ban for 6 months – so be very careful.