No Fixed Penalty Offer

Question:

I received an NIP for the offence, which occurred in central London, in early December, within 14 days of the date specified.

I requested photo evidence to help identify the driver. The evidence didn’t help identify the driver but showed I had crossed the red light, but by <1 sec.

After 28 days I received a reminder letter saying I had 7 days to give evidence of the driver.

I sent off my details as the driver, expecting an offer of a fixed penalty.

I was surprised to get a summons through the post yesterday saying if I was convicted the prosecutions would apply for costs for £75.

I was offered and accepted a fixed penalty for going through a red light in the summer of 2007 so perhaps this explains the lack of fixed penalty offer?

I am not intending to contest the prosecution but would like to keep the punishment to a minimum.

I will offer contrition but not sure whether to also say “I expected a fixed penalty offer, this is a waste of the courts time”. If it has gone to court because of the repeat offence it could look as if I am not taking it seriously.

Could you give me any advice?

Dominic Says:

I don’t think they received your response to their reminder. Have they summonsed you for failing to name the driver? If so you are now at risk of a fine of around £500-600 and court costs of £75 plus 6 points on your licence if you plead guilty.

The points are mandatory. This is no longer about the red traffic light – unless that’s all you have been summonsed for – in which case the proceedings have resulted because you didn’t get their fixed penalty offer.

Tell me more. What is the offence on the summons? If there is a failure to name the driver then you have a defence if you do send back the information – even if the police didn’t receive it.

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