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#Post#: 6345--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: BertB
Date: September 29, 2023, 4:41 am
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The issue seem to revolve around you wasting time arguing the
toss with the Police over whether you needed to take it to an
MOT testing station or not. Regardless of what the Police
Officer told you that you could do, what did the form say to do?
The terms of compliance on the VDR form seems to be
1. Get it fixed
2. Take the vehicle and the form to an MOT garage for
examination and have the work certified on the form by an
examiner
3. Send the form back to the relevant constabulary.
With that, I think you are going to have difficulty arguing in a
court that an undocumented conversation with an Officer trumps
that of a process defined on an official document. It doesn't
specifically mention mobile testers being barred, but without
his testing station number how are they to know that Dave down
the pub who occasionally fixes cars didn't sign it for you?
#Post#: 6364--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: 666
Date: September 29, 2023, 10:14 am
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--- Quote from: carr1514 link ---
>
>
> What I don’t understand is, why was I given false information
at the scene by the officer.
>
>
--- End Quote ---
Human error?
#Post#: 6372--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 29, 2023, 12:25 pm
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I fully agree, however I’m not a car mechanic.. how am I
supposed to know what an MOT testing station number is, all the
vrec says is to take it to a certified MOT tester to have the
car checked. which I did. Not my fault the tester didn’t have
the mot testing station number, he signed it with his name and
the business name.
The van wasn’t mine, infact the same night I was stopped by the
police the van was collected back by the hire company and I
never drove it ever again. I had to jumps through hoops to get
the van back from the hire company to take it to a local
mechanic to get the vrec form signed.
The police were fully aware it was a hire van and that all work
on it must be done through an approved mechanic by the hire
company, hence why he said that a mobile mechanic CAN sign it
off.
I agree an undocumented conversation would not hold up in court
hence why a lot of police now a days are forced to wear bodycams
for this very reason.
Either way I’m going to have to go to court anyway as 3 more
points on my license I’ll lose my job so fun times.
#Post#: 6382--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: NewJudge
Date: September 29, 2023, 1:48 pm
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--- Quote ---
> Either way I’m going to have to go to court anyway as 3 more
points on my license I’ll lose my job so fun times.
--- End Quote ---
I'm not sure what you mean by that. You only have three active
points at present, so you do not face a totting up ban. Unless
the court finds "Special Reasons" not to endorse your licence
(and those reasons must be to do with the offence itself rather
than your personal circumstances) they must impose three points.
Are you hoping to persuade them that you seemingly being misled
by the officer amounts to "Special Reasons"?
#Post#: 6418--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: September 30, 2023, 8:10 am
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Yes I currently have 3 active points but for insurance purposes
I have 6, if I get another 3 I'll have 9, I'll lose my job. My
job requires a clean license ( no more than 6 points ) for
insurance, I am just scraping by having 6 points, anymore and I
won't be able to drive.
So yes I'll need to go to court as I face loosing employment,
won't be able to get a delivery driver job anywhere with 9
points.
#Post#: 6419--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: NewJudge
Date: September 30, 2023, 8:49 am
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--- Quote ---
> So yes I'll need to go to court as I face loosing employment,
won't be able to get a delivery driver job anywhere with 9
points.
--- End Quote ---
I would have thought that you had nine which were imposed in the
past five years (assuming the three you got were after the six
from 2019). But no matter.
So what are you expecting from the court (bearing in mind what I
said in my previous post)? Are you considering pleading Not
Guilty (which would not be wise from what I've read). Also bear
in mind that the financial penalty in court will be considerably
greater (perhaps 4x or more) than the fixed penalty.
#Post#: 6463--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: October 1, 2023, 4:54 am
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I’m planning on pleading with the court to not endorse my
license as I’ll lose employment and won’t be able to secure
employment with 9 points on my license. I can’t afford insurance
as is with 6 points never mind 9.
No delivery service provider will take on someone with more than
6 points.
I’m not denying the fact I was driving with bald tyres, I was
naive to think that companies care about the safety of there
workers and wouldn’t give them a van they knew had dodgy tyres
on it. Hence why I didn’t do a full 360 point check in the dark
of the van before I drove it home.
That’s my mistake right there and I’ve learned from it.
However I’m now being severely punished for something that
although the law is fairly clear on it, I agree on that. In a
more realistic sense
It’s hardly my fault.
#Post#: 6468--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: Southpaw82
Date: October 1, 2023, 5:11 am
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--- Quote from: carr1514 link ---
>
> I’m planning on pleading with the court to not endorse my
license as I’ll lose employment and won’t be able to secure
employment with 9 points on my license. I can’t afford insurance
as is with 6 points never mind 9.
>
--- End Quote ---
Endorsement is mandatory.
#Post#: 6469--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: NewJudge
Date: October 1, 2023, 5:17 am
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--- Quote ---
> I’m planning on pleading with the court to not endorse my
license as I’ll lose employment...
--- End Quote ---
As I explained, the court will have no option but to endorse
your licence unless it finds "Special Reasons" not to do so and
those reasons must be associated with the offence itself, not
the effect the sentence will have on you. You could try
explaining that the vehicle was provided for you and you had no
reason to believe it was not in a roadworthy condition. I have a
suspicion that argument will not succeed and I should emphasise
that the financial penalty, in the event you are unsuccessful,
will be considerably more than the fixed penalty.
#Post#: 6480--------------------------------------------------
Re: Coditional offer of a fixed penalty for a cord exposed
DIR By: carr1514
Date: October 1, 2023, 7:07 am
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So my best possible outcome is to accept the fixed penalty, lose
my job and go on the dole?
Perfect system.
Exactly where the government want you.
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