Fixed Penalty notice -advise please
hi,
I received a fixed penalty notice yesterday and after some advise as the officer hasnt completed it correctly.
the offence was using my mobile whilst driving( i was actually pulled up in a traffic jam and sat stationary for about 10 min, and only answered to ask if they could call my other which i had a hands free for, but as the engine was on at the time it is an offence so fair enough!)
however the office advised he would issue a fixed notice at the roadside and that he didnt want to see or take my licence which i had with me, and said i wouldnt need to take it to a station as he was satisfied and on the ticket crossed out all sections related to me presenting my licence. knowing i should have 3 points for this i spoke to the local station who frankly were completely lost as to what to do as he'd put not applicable to all sections relating to me giving them my licence. but as his shift isnt in for over a week cant ask him. they also advised he's used the wrong code for this offence and used H103 and apparantly should be CU80.
they advised i had 2 choices- i could leave my licence with them and they would send it for endorsement, or i could wait till he's back but in the meantime they would start prosecution as i wouldnt have handed it in within 7 days!
fair enough if i get 3 points but where i'm puzzled is:
am i now going to get 3 points that he was going to let me off with
am i going to get the right endorsement due to the wrong code used.
Thanks for any advise
Sorry it may be a couple of
Sorry it may be a couple of days before I can get an answer to you on this one.
Fixed Penalty Notice
I think you are guilty of the offence, but may have a good argument against being given points. This would be on a Special Reasons application BUT this can only be heard before a court. As regards the alleged offence of not producing your licence, I can`ty see how this can be committed if the document given to you by the P.C. didn`t actaully reguire you to produce anything to the police!
I qualified in 1979 and by 1980 was specialising in criminal work and other areas of litigation I became a partner of Sarginsons in 1983. The firm converted to an LDP in April 2009 and is now Sarginson Law LLP.
thanks
Thanks Bails,
I have no question that i committed an offence and wont deny this, although do beleive that under the circumstances the penalty was severe and currently debating if to process this through the court.
Due to the timescales on this i'd already surrendered my licence so there was no issue as to not producing my licence asit was due the Thursday after your post. To be honest the officer at the station and their sergant were again completely at a loss as to what to do as all the section for them to complete had been crossed out yet as the ticket is endorsable they did need to take it, they are currently investigating this ticket- as above the code is completely wrong and they are looking to understand why i was advised i didnt need to take my licence in.
thanks for the advise.
Fixed Penalty Notice
Thanks for keeping me up to date with the current position. Good luck, and let me know if you think I can help further.
I qualified in 1979 and by 1980 was specialising in criminal work and other areas of litigation I became a partner of Sarginsons in 1983. The firm converted to an LDP in April 2009 and is now Sarginson Law LLP.