I Cannot Remember The Offence – Should I Challenge It?

Question:

Red light

I have three points only on my licence, but have received a ‘intention to prosecute’ notice from the police, saying they have photographic evidence. I go through this particular set of lights at least once a day Monday to Friday and generally twice on Saturdays. I don’t remember being flashed. I have been offered a fixed penalty penalty + 3 points, or a court case. There is no form to make representations to a court. Am I wasting my time trying to find a way off this?

Graham Says:

You are wasting your time if you cannot remember the date in question and whether or not you remember committing an offence. To defend this matter you would lose the right to a fixed penalty and if you lose the case at court you would get higher fines and court costs for your trouble.

The only time you should challenge a fixed penalty ticket is if you are adamant that you did not commit the offence in question and if you can give evidence to that effect.

you have to cast a doubt on the prosecution evidence at trial and in order to do that you have to remember not committing an offence. If you simply say you cannot remember committing an offence under cross examination then you will lose I’m afraid.

Keep my details for future reference.



Bookmark the permalink.