Fixed Penalty Notice - Disproportionate

hottomato

I have comprehensive motor insurance Social and Domestic
My main work is IT consultant and I work from home. I dont use the car for work and didnt think I needed business use included.
I was on my way to cut someones lawn. It was a job on the side for which I would earn just £12.50
On the way there I was stopped by a policeman and was completely honest with him unaware that I was commiting an offence
I was issued a fixed penalty notice of £200 and 6 penalty points
I found this sickening and disproportionate. I'm sure it was in his power to give a discretionary warning
£200 is one thing but 6 penalty points? I feel that was over the top for my circumstances
I'm a careful driver with a full NCD on my insurance and up to now a clean license.
Once, many years ago and since spent I received 3 points for speeding
These days I never speed and dont drive recklessly. I really feel that these points are undeserved
I was thinking about appealing
So my questions are - Would appealing be worthwhile? Could appealing cost anything or get me into worse trouble
Do I have any grounds for appeal?
Also I have heard that there are educational alternatives to penalty points for firrst time offenders. Are thyere any such alternatives in my case?
I'd be grateful for any advice
Thanks

goldspanners

what were the points for?
what was the actual offence?

roddydogs

Why ...................did you tell them you were "Going to cut someones lawn"?. Ans to pst2.........obviously for driving uninsured.

custardy

but if you were using your car for work (of any form) why didnt you add some business miles into your policy?
i add a couple of hundred miles onto my policy for this very reason as i often carry my work stuff in the car.
i dont work from my car or use it for work as such(only to a from my work office) but having the business cover saves any confusion/problems in the event of a crash.
the buisiness cover adds a very small amount to my policy


the courses you refer to are for speeding offences,not driving without insurance.
unfortunatly for the sake of a relativly small increase in your premium it will sting you on your premiums for years

withabix

Do you ever use your car to travel to an office of your client or employer or travel by car to the railway station (as you say you are home based) in the course of your work or visit IT clients or buy/collect anything for your business, or drive to the postbox to post business letters etc?

Do you claim for any of your mileage from your employer or tax relief for mileage from the tax man?

If so, you need business use on your car insurance.

If you are self employed, it would be a business expense anyway.

You

sarahg1969

OP - you were going to cut someone's lawn, and you told the police you were using the vehicle for business use? What made them stop you in the first place? All sounds a bit bizarre.

hottomato

Maybe I wasnt clear enough
I did forget to mentiuon I was actually pulled over for not wearing a seat belt. He pointed it out to me and gave me a warning
I had apologised saying I usually do. it was such a shotrt journey I forgot
He seemed to be about to let me go and he then asked what I did for a living
I told him I work from home as IT consultant, web design etc
He asked where I was on my way to and I was totally honest and said I was going to cut a lawn for an old lady who lived locally. I admitted I was receiving payment for it
I said it was just something I was doing on the side, it wasnt my business.
I was told that It was illegal as I was driving top work to earn some money and carrying gardening equipment.
He told me it would only cost me around £25 to add business use to my policy and I thought I was just getting a telling off with a warning
He then said he was going to issue me with a fixed penalty notice of £200 with 6 penalty points. I was astonished
Its was a first offence. I know ignorance is not an excuse but I really was unaware that I was doing anything illegal.
I would have been happy to call my insurance company and have thyem adjust my policy there and then
I am not acxtually asking about the legality of the fine and the points, I just think it was a bit harsh for a first offence.
I wasnt blatently breaking the law. I have fully comp insurance domestic and pleasure use. A clean driving license, I have paid my road tax and have an MOT.
Apart from this mistake I made everything is totally above board
Having been inposed such a harsh penalty I do feel it was over the top under the circumstances.
I want to appeal asking for it to be reduced
I believe it was in the officers power to issue a warning. I live locally so he could easily see if I complied in future.
Everyone I tell cant believe I was treated so harshly and werent aware that going to earn a few bob on the side could get me into so much trouble.

What I am trying to find out is if I appeal, is there any chance that a court may be sympathetic and reduce the offence
Also would appealing incur any costs and could I come out worse.
I was hoping that someone else may have made the experience or someone more knowledgeable of legal proceedings can advise
Thanks

rev_henry

It does seem pretty unfair and heavy handed IMO. I've seen on these police chase TV programmes people with no insurance whatsoever being allowed to get insurance there and then. That is the standard FPN for no insurance, but it does seem very unreasonable in your circumstances. Also bear in mind your insurance will more than likely go up quite a bit now with 6 points for that offence.

Angelhales2601

I cant offer much legal advice but I can honestly say I know what your going through with what seems a rather unfair FPN! Good luck!

goldspanners

im sorry but its shocking and the officer was very heavy handed, you shouldnt have been so naive to tell him it was for reward though, you should have just said it was for a freind or the lawnmower was going for repair or something like that.
£200 and 6 points is a bit much for what seems a fairly innocent mistake. its not as if you didnt have any insurance at all.and its not as if you had an estate car full of painting material and it looked like the car was in constant use as a painter and decorator works car was it?

dacouch

Try posting this on the MSE Insurance thread