OP
OP
does it not say guilty pleas only will be heard on this date? they will always set another date if pleading not guilty as they will have to get all their witness and stuff together
Traffic Offences & Legal Guide
- Thread starter dave
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Traffic Offences & Legal Guide
There's an option where I can choose if the witness attends or if I am happy for the evidence to be read to the court (a copy of which is attached to the letter, it's some sort of DVLA form that's been completed by a PCSO).
OP
OP
looks like you stuffed then unless your solisitor can sort it so you just go to see magistrate, not actually in the court but a room out the back where you swear an affidavit that you was not the one using the car, an then they drop the charge.
i did this once when i sold a car that new owner left on double yellow lines for months, car was still registered to me so i got loads of fines. was in old days when new keeper was the one that had to tell dvla they had bought the car
i did this once when i sold a car that new owner left on double yellow lines for months, car was still registered to me so i got loads of fines. was in old days when new keeper was the one that had to tell dvla they had bought the car
I'll get a solicitor onto it tomorrow, and see what they say. If I can't change the court date I'll miss a pre booked charity event which has cost me £400 and will leave my dad with a 2000 mile drive, not to mention the stress of all this at the moment I actually feel physically sick
Wonder if I can claim the cost of the event and my other out of pocket expenses from the garage in question how do you put a value on a once in a lifetime oppertunity
I've spoken to the Court and they've advised me to write in or send email to secure address, with my reasons for wanting to move the date, they'll check with legal advisors and get back to me. Now it's the waiting game.
Having received legal advice I've contacted DVLA for an out of court settlement feels like a wallat rape for something I had no control over however at least its a known amount rather than lots of un-kowns which I feel is better, and saves the hassle of court.
Solicitor summed it up that legally I am the keeper of the vehicle and it's my responsibility at all times. It was my bad judgement and actions of leaving it with the garage that caused it to be parked on the road and get the fine. I want to cry but I'll bend over and take it
Solicitor summed it up that legally I am the keeper of the vehicle and it's my responsibility at all times. It was my bad judgement and actions of leaving it with the garage that caused it to be parked on the road and get the fine. I want to cry but I'll bend over and take it
OP
OP
have you spoke to garage yet? they may have been using it on trade plates so its covered to not be taxed
Yes I have spoken to the garage collecting van friday afternoon, will get more info then.
Ok then, today I got done for my window tints (not a prob I knew they were wrong and so its my fault for not being botherd to remove them for the last 1.5 years).
So now I have a fixed penalty notice which as has allready been said is just an admitance of guilt and an agreement to settle out of court.
So nows the bit that I contemplating and wondering what you think. As I have already been prosecuted for this offence I cant be prosecuted for it again, i.e I am still committing the same offence as I was as I havnt removed the tints. Therefore if I get pulled over again I should be able to show them that I have allready been fined for this and they then cant do me for it again.
Edit: I am removing my tints just thought I might get some interesting theories going on this.
So now I have a fixed penalty notice which as has allready been said is just an admitance of guilt and an agreement to settle out of court.
So nows the bit that I contemplating and wondering what you think. As I have already been prosecuted for this offence I cant be prosecuted for it again, i.e I am still committing the same offence as I was as I havnt removed the tints. Therefore if I get pulled over again I should be able to show them that I have allready been fined for this and they then cant do me for it again.
Edit: I am removing my tints just thought I might get some interesting theories going on this.
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I'm fairly sure that you can still get another ticket, although you might be reported for it instead, which will be a day at court.
OP
OP
if i got arrested for shop lifting and fined that mean i can then go shoplift some more because i already paid the fine to be able to do it?
if you got caught twice on the same day you could get away with it, but not the next day, surprised they didn't make you rip them off there and then
if you got caught twice on the same day you could get away with it, but not the next day, surprised they didn't make you rip them off there and then
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You will be commiting a new offence on a separate date time and place. So you can be prosecuted for it again. HOWEVER, if you show them the ticket and say that you have already been done, then they are likely just to report you rather than offer you another FPN. If you are reported, then that will more than likely result in a day in court and a much heavier fine/penalty, than the FPN.
Alan
Alan
The point being that I am continuously committing the same crime and by not removing the tints still are. If you shoplift a bottle of vodka you get done for that bottle of vodka, if you then went back and shoplifted a bottle of whisky then you have committed a seperate crime.
Sorry jenks, took my eye off the ball for a while. Have you asked the garage if they've used the van while they had it? What is the form the PCSO has filled in? Surely, if the van was taken to a garage by your Dad, with your Mum following behind you can use them as witnesses. They may in theory be considered to be biased, but nontheless they should have a certain amount of credibility before the Beak.
You must fight this (mind you, I'm not the one who could lose) because if you weren't driving it, then you weren't driving it. End of story.
If you got stopped a second (or third) time, much would depend on the circumstances of the subsequent stops.
Instance No.1 You live in Manchester, but get stopped and ticketed in Liverpool. On the way up the M62 to Mancland you get stopped again. You show the Cop the ticket and explain that you're on the way home. He accepts the explanation as you haven't had time to have the tints replaced.
Instance No.2 You are stopped in Leeds four hours later. The Cop may, or may not accept your explanation as you have passed your home and driven 30-40 miles further on. You could have gone straight home and removed the tints that night or the next morning, but instead chose to embark on a 60-80 mile round trip.
Instance No.3 You are stopped in Birmingham 4 days later. There is no point in showing the Officer the ticket from a few days ago as he will want to know why you are still driving round with illegal window tints when you have had ample opportunity to remove them. You are almost certain to get another ticket.
There have been people at Manchester Airport who have picked up a parking ticket and think that all they have to do is drive off and park somewhere else leaving the ticket on the screen and they won't get another one. They are two seperate offences, even though they are the same. If you see what I mean.
Did you get a VDRS form?
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Vehicle Defect Rectification Scheme.
Get 14 days to get the defect fixed and tested by a MOT centre (don't need a MOT, just for them to check its been fixed and get them to stamp the ticket), take the ticket to the Police station within the 14 days and nothing else happens, don't do it within the 14 days and you get a letter though with a court date.
Thats just one option that the officer(s) can use, guess it depends on your attitude at the time.
What type of tester do they have for that?
The Rat
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tintman
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Believe it or not Police don't get targets to hand out x amount of tickets.
You've already said you knew they where illegal, so can't feel hard done by because of it.
