speeding ticket - advice wanted
Discussion
My girlfriend has just received a fixed penalty speeding ticket (40 in a 30 zone, 3 points, £60 for the Thief Constable's cognac fund).
However, the PC involved did not add her registration number to the ticket - is it still valid ? (she has been asked to produce her MOT and insurance, both of which are car specific)
She's really miffed as well as she's only been driving a year, and I've not been caught so far in 11!
However, the PC involved did not add her registration number to the ticket - is it still valid ? (she has been asked to produce her MOT and insurance, both of which are car specific)
She's really miffed as well as she's only been driving a year, and I've not been caught so far in 11!
quote:
My girlfriend has just received a fixed penalty speeding ticket (40 in a 30 zone, 3 points, £60 for the Thief Constable's cognac fund).
However, the PC involved did not add her registration number to the ticket - is it still valid ? (she has been asked to produce her MOT and insurance, both of which are car specific)
She's really miffed as well as she's only been driving
a year, and I've not been caught so far in 11!
If the ticket is not correct, then it is not valid. It is as simple as that. I take it that she was stopped at the roadside and issued it by a traffic officer rather than receiving it through the post.
My advice is to photocopy the original. Write a letter to the Fixed Penalty Office and enclose the copy of the ticket (Keep the original safe)
Explain that the ticket was issued in error and you wish for it to be withdrawn, that you have the original copy and if it is not withdrawn, you will have no option other than to request a court hearing.
If a court is presented with a ticket that is not correct as that is the officers notes at the time, he would be expected to remember the index number for his evidence in chief. I do not think that would be likely.
What she has is a Conditional Offer of a Fixed Penalty. Essentially she can accept it as is, and that's the end of the matter, or refuse it, and the case goes to CPS.
CPS will then consider if the cop can prove the offence, i.e. where, when and how. If he can't positively ID car, case thrown out, if he can, conviction to follow, and bigger fine.
Bottom line, as Clint Eastwood used to say, is "D'ya feel lucky ?"
CPS will then consider if the cop can prove the offence, i.e. where, when and how. If he can't positively ID car, case thrown out, if he can, conviction to follow, and bigger fine.
Bottom line, as Clint Eastwood used to say, is "D'ya feel lucky ?"
Well, we went down the station with her documents last night. Their view was that by accepting the ticket at the time she had accepted that she had committed the offence - I'm not sure how this can be the case when she still has the option of going to court to contest the matter.
The station had contacted the officer involved and have now got the registration number (must have been recorded on another system some where) and have now filled in the original ticket - looks like they have covered their backs...
The station had contacted the officer involved and have now got the registration number (must have been recorded on another system some where) and have now filled in the original ticket - looks like they have covered their backs...
quote:
yeah, but if the top copy don't match the under copy, it proves that it was filled in AFTER the event... I think this is called "fraud" ?
No not called fraud. If the notes were the originals ie the top copy of the ticket is wrong and then later on, someone fills in or alters the document to make it right, then it is attempting to pervert the course of justice (the same offence as Maxine Carr has been charged with)
If the person then gives evidence that the notes were made at the time on oath and they weren't, then the offence is Perjury ( The same as Jeffrey Archer is doing time for)
quote:
So whats to stop plod just re-issuing the ticket with the correct number on, once she has produced her docs and they have it......How do you deal with that one????
The tickets all have individual unique serial numbers on. It would therefore be obvious that it was a different ticket and not made at the time. Once the ticket has been issued to the offending driver, if a mistake has been made, it cannot be replaced with a substitute. It should be withdrawn.
The exception to that would be when the officer realised that a mistake had been made before allowing the driver to leave his company after giving them the ticket. If he asked for it back, ammended it and initialled the mistake then that would be OK.
If the officer makes a mistake on the original form then it is permissable to write spoilt on the first copy which in effect withdraws the ticket and then continue with a new one.
My advice is as before. Write to the Fixed Penalty Office stating that the original copy is wrong. Send a photcopy of the original to back this up and ask for it to be withdrawn, regardless of what happened at the Police Station.
>> Edited by madcop on Friday 23 August 14:40
According to : www.lawontheweb.co.uk
"It depends if the officer made a note of her number elsewhere. If she disputes the ticket on this basis a court summons would then be issued when the amendment could be made, if known. May be worth a shot, but if the matter goes to court the fine and points will be greater than the fixed penalty, if convicted."
It appears that the officer did have the number recorded somewhere (or they ran a trace on her name and address to see what vehicles were registered there - I presume this is possible).
I think this time she doesn't really have any option, other than to accept the ticket.
Thanks
Will
"It depends if the officer made a note of her number elsewhere. If she disputes the ticket on this basis a court summons would then be issued when the amendment could be made, if known. May be worth a shot, but if the matter goes to court the fine and points will be greater than the fixed penalty, if convicted."
It appears that the officer did have the number recorded somewhere (or they ran a trace on her name and address to see what vehicles were registered there - I presume this is possible).
I think this time she doesn't really have any option, other than to accept the ticket.
Thanks
Will
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