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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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Went through red lights. there was car behind me. I was worried

Customer Question

Went through red lights. there was car behind me. I was worried that by slamming the brakes that car will hit me.
Also the location post code is incorrect. Can I argue that the NIP should be dismissed on technical ground?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What technical grouind please?
Customer: replied 2 years ago.
The NIP gives the location as A41Finchley Rd j/w Hilgrove Rd N/B NW8 (2030).
The post code is incorrect it is NW6 and not NW8
Expert:  Jo C. replied 2 years ago.
Did you go through the light?
Customer: replied 2 years ago.
yes
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.
Do I get an answer?
Expert:  Jo C. replied 2 years ago.
The fact that the post code is inaccurate is a non issue I'm afraid. In fact they don't have to include post codes at all. Not much invalidates a NIP. Incorrect dates can be one thing that can be relied upon. Nips out of time are usually the best point. Incorrect address can be a challenge but this is not an incorrect address. This is just an incorrect post code which is not enough to create confusion.
Expert:  Jo C. replied 2 years ago.
I'm very sorry but that is the reality and I have to give you truthful information.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
Thanks for the answer.
What about the fact that if not wanting to brake in order to avoid a collision by the car behind me?
Expert:  Jo C. replied 2 years ago.
Were the lights red or amber?
Customer: replied 2 years ago.
It happened so fast, but I believed it was amber to start with. Can't say for sure
Expert:  Jo C. replied 2 years ago.
It is a defence to travel through ***** *****ghts to say that you did so because stopping would have caused a collision. It is not a defence to travelling through red lights though.
Customer: replied 2 years ago.
Should I ask for photographic evident? Would you know if the police have an accessible website where such photos may/can be access?
Expert:  Jo C. replied 2 years ago.
There isn't much point at this stage. They won't provide it now.
If you plead not guilty and go to court then they would have to provide it.
Customer: replied 2 years ago.
so what would you advice me to do? Tell them why I jumped the lights and wait for their respond
Expert:  Jo C. replied 2 years ago.
No, this is a NIP with a S172 request. You have to comply with the S172 request to name the driver or risk prosecution for failing to identify which carries 6 points and a much higher fine.Thereafter what action you take is a matter for you but you are not describing a positive defence here. If you are prepared to run the risk of costs then put them to proof at court. If not then take the fixed penalty.
Customer: replied 2 years ago.
OK thanks for your advice.
Expert:  Jo C. replied 2 years ago.

No problem and all the best.

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