Prosecution pending - failure to comply

[Nonethemiser]

Hi All,
Really upset at the moment so just need a bit of support/advice really. On Wednesday got caught in a horrendous traffic jam on the M4 - couldn't have happened at a worse time as it was my DD's birthday and we were trying to get from A to B so she could celebrate. However these things happen and there wasn't much we could do about it so I just stayed calm and counted to ten. I did notice that one of the lanes had a red X on it - I don't even remember being in that lane but if I was then there was absolutely zero benefit as everyone was crawling along at an absolute snail's pace. If I'm being honest I thought that meant the lane was closing and I would be expected to filter across at some point although I would now interpret it that you need to move straight away. I've just got home after a few days away to discover that the police intend to prosecute me for failing to comply with a lane closure. Having looked it up online I can see there have been quite a few articles about the matter in general in the last few days and I do get that people shouldn't be taking advantage of them when they are empty (important for emergency vehicles etc) but that wasn't the case here - the whole motorway was literally like a car park for a while and even once it started moving very slowly it was impossible to filter across that quickly because of the volume of traffic. AIBU to think that I should not be prosecuted in such circumstances? Is there any point in me trying to appeal? (It also crosses my mind there must be literally hundreds of other motorists who had the misfortune of being in the same lane as me (we all had a 25% chance and needless to say it was the "slow" lane) - if anyone would like to get in contact please do). I'm just really upset as I always try and follow the rules as best I understand them, I have never had any points on my driving licence and while I know that ignorance of the law is not a defence it just feels really unfair under the circumstances.

Were you flashed after you drove under it? If not, you've probably nothing to worry about.
If you were flashed or otherwise caught doing it then you will be charged and rightly so. There will have been plenty of warnings to filter prior to the red crosses appearing, wanting to cruise down the lanes you are being told to merge from is very tempting when in a hurry but if you mistime it and end up queued like this, you have no defence.

The arrows moving you over are for extremely important safety reasons, usually vulnerable people in the road. It is never ok to drive through them once they become crosses, at any speed.

Sorry, I see you have an intention to prosecute already. I skimmed and missed that.
Bang to rights I'm afraid, no defence and hopefully they'll go easy with a fixed penalty notice but it is a serious offence.

Have they sent you the evidence? Usually a picture of your car and they ask who was driving.
I think if you were in the lane and got caught, you’ll just have to hold your hands up. It’s not the most serious offence, and you’ll likely get a fixed penalty and a slap on the wrist if you have a clean licence.

What a waste no you shouldn't be prosecuted, fine yes but not points

Sorry but I think it’s a justified penalty. It really doesn’t matter if the lanes are crawling or your DDs birthday. The lane was marked with a red X.

Sometimes you just have to learn from your mistakes and take it on the chin.

To be honest I do very little motorway driving and didn't know you could get fined let alone prosecuted for driving in a red cross lane.

Makes sense why they're strict about it though if they need access for emergency vehicles. Not much you can do about it.

Presumably the letter you received included a photo of you in that lane?

Bang to rights I'm afraid, you should not continue in a lane when it is marked with a red cross, if you can not filter at that time due to the volume of traffic which is going very very slowly then you could have stayed stopped just in front of the red cross waiting (a long time) for the oppertunity.

How long did you stay in the closed lane?

You say you don't remember being in that lane then everything else in your post says you do of course remember.

Deal with the consequences. Of course a lane with a cross means you can't be in it and you knew that.

I would now interpret it that you need to move straight away

Odd phrasing. You don’t need to “interpret” it - it’s a rule, in the Highway Code (according to a quick search now, it’s rule 258).

You can’t appeal it - it’s a basic and very clear rule. Notice of prosecution doesn’t mean you’re headed for court though. It’s the first stage for you to confirm who was the driver. You might get offered a driver education course instead of fine and points. You pay about the same as the fine to take the course, but no points.

You really have no grounds for appeal here* and it’s not unfair.

*I mean on your choice to drive there. I guess there could be some technicality, if the light was orange not red because someone put the wrong colour on! Or maybe if you were in the lane before the closure X was activated, and you couldn’t change lane because there was zero movement in the traffic to your right.

Be kind to yourself OP. At end of the day its just a penalty notice. No one has died. Pay up, move on

Op says it's a prosecution not a fine.

You were in a closed lane, there has been a lot of advertising saying a red cross means you can't drive in that lane. Seriously, you were in the wrong, accept the penalty and drive better in future. Your daughters birthday is completely irrelevant and no excuse

I'm afraid the rules apply all year round, including Christmas, August bank holiday and your child's birthday.

Obviously you can't drive in the lane with a red X. I'd re-read your highway code.

Well, it's up to you to be aware of changes to the highway code, as with other laws; ignorance is no excuse
Not that difficult to understand or comply with, so yes, you should be prosectued

As per previous post, you have an obligation to keep yourselves away of the highway code and any updates

Yabu. You should know what red x means if you’re driving.

So it was a live lane that turned red whilst you were in it? But you all couldn't just merge over instantly, so it took some time to get over?

It's a Notice of Intended Prosecution.

Once OP admits to being the driver there might be an offer of a fixed penalty, a driving course, or SJPN (summons, essentially).

So it can be a fine/points. The fact it's called a NIP doesn't mean anything with regard to the final penalty.

If it had been your own car broken down (or even worse a serious crash) with yourself and your daughter inside, you would be glad that the lane had been closed for your safety.

OP, you seem to think the red X is just to close a lane for emergency services?

Thats far from correct.

Red Xs are extremely important because they're used to close a lane when vehicles are stranded in a 'live' lane. There could well have been a stationary vehicle just out of sight as you're nonchalantly barrelling down a closed motorway lane.

It's incredibly dangerous to disobey red Xs and if the police had actually caught you doing it you'd have been told just how dangerous it is. It's far more serious than speeding.

Are you truly unaware of the number of people killed and seriously injured due to stranded vehicles on smart motorways???

Frankly baffling that you think it's only minor and you should be let off because it was busy.

Unfortunately we all need to keep up with DVLA and road laws ourselves. It isn't an excuse to be used.

E.g the law changed in Feb 2022 that cars must give priority to pedestrians crossing at a junction when said car wants to turn into that road. I have not seen 1 single car do this. No one reads the laws and it's changes at all.

If I was in lane that became inactive it would have given plenary if warnings and if Indisnt move out and carried on then I would just accept the ounishment harsh or not. At wouldn't change in a blink of an eye. I assume it was your distraction that made you miss the warnings, which is worrying as that lane might have had a broken down car in and could have been deadly.

Great attitude; they are used for safety reasons. So 'nobody died' is rather crass

I was about to say this. Smart motorways are awful and then you have prople who don't know how to use them and deaths have shot up again. So scary.

We were unfortunate to have our car breakdown on one and we got off the motorway right away. Jumpimg out anf running up the emnbankment, but watched as a lorry swayed into our lane and narrowly missed our car. I don't feel safe on them anymore and try to avoid them now. Until people can learn to drive and read signs and have proper awareness.