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#Post#: 5871--------------------------------------------------
Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 23, 2023, 6:55 am
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hello,
I received a letter from the crown office and procurator fiscal
service, it says it's a conditional offer of a fixed penalty.
It states i was driving a vehicle with the coords exposed on a
tyre, which i was, i was stopped by the police at the time for
it. However the police chose not to
give me a fine or any points and said they could go through some
sort of vehicle repair scheme ( can't remember the name they
used for it sorry ), i essentially
was given a print out of the offence and i had to get it fixed
within 21 days and checked off by a MOT tester and sent back to
the police station.
Now i was told by the police officer at the scene that i didn't
need to get an actual MOT, any mot tester mobile or not could do
this as i said to him that it
wasn't my van but a hire van, any work carried out on it is
normally done by a mobile mechanic, this was false information,
a mobile mechanic was not able
to carry this work out as he needed an MOT testing site number
which he wouldn't have.
So i wasted about 8 days of them 21 days sending that letter off
to then have it sent back saying it needs an MOT testing site
number, i then sent a letter
back stating that the work has been complete, i attached a job
letter that shows what was fixed on the van etc and said the guy
who fitted the tyre was an
mot tester, he had left his name and company but he didn't have
a mot testing site number because he was a mobile mechanic.
So forward on sending that letter off and then having it sent
back... i went on a holiday for a week, it was something i had
booked months in advance, way before
i had been given this offence. I then come back to see this
letter returned yet again to me, now with 4 days left of them 21
days... Telling me i had to
get an mot tester with a mot testing site number to check the
vehicle and it had to be back to there offices within the 21
days of the offence.
So i quickly got an mot tester at a local garage ( which i had
to pay ) to check it over and then sent it back off to the
police, i assume they have received it
out with the 21 days ( even although the slip i got from the
police that the mot tester had to fill out was dated before the
21 days) this is why they have
decided to prosecute me?
I'm also not 100% certain of the words on this letter, it states
that i can pay a fine of 100 pounds as an alternative to a
prosecution?
but then further down the letter it says i pay the 100 pounds, 3
points will be endorsed on my license.
Just looking for some advice here, i have 9 points on my license
already from years ago ( tried to appeal speeding on a motorway
)
that are due to come off soon but if i am given 3 points for
this i'll lose my license.
Thanks.
#Post#: 5878--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: NewJudge
Date: September 23, 2023, 8:10 am
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What are the dates of the offences that led to your previous
nine points?
As far as the offer goes, it is probably a "Conditional Offer of
a Fixed Penalty". One of the conditions will be that you must
not have more than eight "active" points on your licence.
"Active" means imposed for an offence that took place within
three years prior to the date of this one (hence my first
question). If you do have nine active points you cannot accept
the offer and your case will be dealt with in court, where you
will face a "totting up" ban.
It might be worth asking the police why you now face a fixed
penalty (or more probably prosecution) when they said you would
be OK if you had the tyre fixed.
#Post#: 5879--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 23, 2023, 8:26 am
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Hello,
the date of the previous offence was 21/07/2019 ( 6 points ).
On the same date as this offence i am posting about, i was
stopped by the police for speeding, (39 in a 30) i just took the
3 points and 100 pound for that which is fine. So now i am on 9
points, so at the same time they gave me a speeding ticket and
also told me to get my tyre fixed but told me i'd not be
prosecuted for the tyre if i got it fixed within 21 days.
I guess i should write to the police station and ask them why i
am being prosecuted for this?
Thanks.
#Post#: 5883--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: 666
Date: September 23, 2023, 9:21 am
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The six points from 2019 have expired. Although they stay on
your record for four years, they are only 'active' for three.
#Post#: 5885--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 23, 2023, 9:27 am
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Ideally i don't want 3 points for the offence of a bald tyre, my
insurance premiums are high enough as is.
I mean do i have a case here? the police told me they would
prosecute me if it was fixed within 21 days, i've found what i
was given. It was a Vehicle Defect Rectification Scheme (VDRS),
is this maybe an automatic thing because they wouldn't have
received the letter back within 21 days but the work was carried
out and fixed within the 21 days? I can hardly be to blame for
the need to send multiple letters to the police to clarify
information that i was given in error at the scene?
Thanks.
#Post#: 5892--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: 666
Date: September 23, 2023, 10:02 am
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What does the form you were given say about timescales? I
suspect the 21 days were to have it fixed AND reported to the
police.
#Post#: 5894--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 23, 2023, 10:24 am
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Yes the original VREC form does say have it fixed and sent back
to the police within 21 days.
However again, because it had to be sent to a police station 40
miles from me ( not my local police station ) there would of
been like 7-8 days where it was spent in the back of a van or at
a sorting depot in transit.
I also lost a week of that due to going on holiday, not
realising that the form would be sent back to me a second time.
I'm thinking my best course of action is to contact the police
station and ask why I am being prosecuted for this. I've all the
evidence to show it was fixed within 24 hours of being issued
the VREC, it had been signed off by a valid MOT tester ( just
didn't have a test site number ), was sent away multiple times (
i have receipts from the post office for this ), i've also a
witness who was in the car with me when i was pulled over by the
police who can provide a written statement that the police
stated i'd not be prosecuted if this was fixed within 21 days
and that I didn't need to take this to an MOT site and that a
mobile mechanic who fixes the tyre can sign this off for me.
I'm unsure if the police who stopped me had a body cam to
reinforce what I am saying, so might just be my word against
theres on this
#Post#: 6257--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 27, 2023, 7:56 pm
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Ok heard back from the police, the reason they have referred me
to courts is that the VRECH form was received completed after
the 21 days, the actual form was signed and dated before the 21
days but the actual form never got back to them until after the
21 days, due to it being sent back and fourth 3 times due to
incorrect information ( mainly due to being told incorrect
information by the police officer) and again by the police
station who told me in writing that I could provide supporting
evidence ( which I did, the job form showing a new tyre
replacement, signed by the mechanic who fitted it) unsure what
more evidence they’d need. Either way they declined the
supporting evidence and demanded a signed vrech form from a mot
tester at a mot testing site with a testing site number.
My question is if I let this go to court will they even
acknowledge the vrech form issued or are they there simply to
say “did you have a bald tyre or not”, will they take into
account that I actually made an effort to fill this vrech form
out, get the vehicle fixed and follow the rules given to me back
the police officer at the scene?
I mean if I accept this condition I get 3 points regardless, if
I go to court I get 3 points but up to a 5k fine or potentially
get let off Scott free
What’s the likely hood of me getting no points and no fine if I
proceed with court.
#Post#: 6334--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: Foxy01
Date: September 29, 2023, 1:43 am
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Once you have had the defect rectified you should take the
vehicle to an MOT test station that can test that class of
vehicle. There the tester should check the defect has been
rectified and sign off the form (used to be a yellow slip). It
should then be stamped with the MOT station stamp. Originally
all MOT stations had a stamp to authenticate the certificates.
This stopped being the case in 2006 when the computerised system
was brought in, so a lot probably don't have an embossing stamp.
Current guidance says to 'endorse' the form with a rubber stamp
with business name/phone number and to include the VTS (Vehicle
testing station)number.
VDRS scheme
HTML https://www.gov.uk/guidance/mot-testing-guide/k-police-vehicle-defect-rectification-scheme-vdrs
If your MOT tester genuinely carries out tests he would need to
use a VTS and carry out at least one MOT at least every three
months to keep his licence valid. So why did he not have a test
station number where he carries out those tests?
If you go to court it would seem you did not comply with the
requirements, irrespective of any time/postal issues?
#Post#: 6337--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 29, 2023, 3:28 am
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Thanks for getting back to me, he told me he didn’t have a
testing station number because when he does MOT’s it’s done off
site, at another location and he didn’t know the station number
off the top off his head, he is a mechanic that comes to our
depot every week to do odd repair jobs on vans, he signed his
name and company etc, but wasn’t able to sign the testing site
number.
What I don’t understand is, why was I given false information at
the scene by the officer.
Why when originally sending this did I receive a letter back
saying if I could send supporting documentation to prove the
defect has been rectified? Why the job form, signed by the
mechanic with his company logo on it, my signature and the vans
reg isn’t proof.
So you’re saying it’ll look like I couldn’t be bothered to get
the issue fixed to a court?
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