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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69904
Experience:  Over 5 years in practice.
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I didnt receive a summons for a Traffic Light Red light breach,

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I didn't receive a summons for a Traffic Light Red light breach, on 8/6/12 - the NIP and subsequent letters were all incompletely addressed - I didn't receive them and I therefore successfully challenged the subsequent conviction in absentia, for s172 failing to provide info, by statutory declaration in the Mags court of conviction.

I have now received a summons dated 18.3.13 for the same offenses, the traffic light contravention and s172 offense, the summons states the date of information as 15.3.13.

Should this new prosecution not be time-barred as it is being instigated based on information laid post-6 months from the original date of offense (8/6/12)? Or can they rely on the original date of information laid presumably within 6 months of the offense (all of which I did not receive paperwork for)?

Many thanks

Nick
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

Why did you not receive the paperwork?
Customer: replied 4 years ago.

There was a technical deficiency in the address details - it was incomplete as they did not include the house number only the flat number. Hence the paperwork was not delivered to the correct address. The magistrates accepted this when I made the stat declaration as I provided evidence of my complete address and drivers license.


 


It was addresses 768 Slington House and should have read 768/6 Slington House

Thank you for this information. I am just on my way back from court and will get back to you as soon as I arrive. Thank you for your patience.
Customer: replied 4 years ago.
Many thanks - appreciated!
Sorry about the delay. I can get back in now.

I am sorry though but they are not time barred. If you make a statutory declaration then its starts time running again.

Obviously if you didnt get the NIP then you cannot complete a S172 form and you have a defence to that charge on that basis but that doesn't address the red light offence.

I'm very sorry.
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