3 points and £60 fine for brake lights

sebastianj

They called the car a danger on the road because of the stop lights not working. I have shown the MoT guy the prohibition order and he said they (police) are not supposed to use this for stop lights, they are trying to show it as having committed a major crime.
I dont know what information I am not providing, I have been given a PCN starts with E780, for Driving a dangerous car on the road, an endorsable offense. And a prohibition order, even the Mot guy did not understand why.
Please tell me what you want to know,
seb

Gordon861

A scan of the tickets with personal details blanked out would really help us here, but;

If you had no brake lights at all the cop could be justified using the prohibition order notice because you were a danger to other road users.

Assuming the MOT guy has now certified the car as fixed and stamped the paperwork.

I would take the paperwork you have down to the station and ask to speak to an inspector. Ask him what you have been charged with, tell him that the only problem with the car was a couple of bulbs out and you don't feel the officer treated you fairly by serving the prohibition notice.

The info we really need is on the PCN it should say something along the lines of "Offence code : XXX", we need the XXX bit.

sebastianj

offence code is 123 Dangerous condition (no brake lights).
seb

Gordon861

OK that sounds over the top, I think you need to go to the station and talk to someone senior to get to the bottom of it.

Then you have the choice as to wether to go to court and plead not guilty to the 'dangerous condition' and try and fight the 3pts. You will probably end up with a fine if you go to court though, but your solicitor will be able to advise you further.

Hintza

I don't think it was just a couple of bulbs. If the fault was present in July then it sounds like a biggerr issue with the wiring.

sebastianj

The garage fixed the problem, as far as I know these lights failed on my way back from shopping.

The IPCC have sent me a form to raise a complaint, not sure if I should go to the station first or what, really confused.
seb
seb

Inactive

xocbc wrote: »

yes they can, PG9 prohibitions can be either immediate or delayed. Bulbs usually get delayed - this means you have to rectify the problem in the time allowed, usually 7 days, re-mot the vehicle and produce the new mot certificate at the Police station (or to VOSA in the case of buses or trucks)

Well as I suspect that none of us in here are legally qualified, I stand by my advice to seek legal advice on the matter, not on the say so of forum members who may, or may not know the law on these issues.


Certainly the advice to drive on with hazard lights on was bad advice by the police officers.

sebastianj

I am seeking legal help but have been advised to raise the matter with the Police in the first place to avoid legal challenge, I am trying to pick up the courage to go there tomorrow, wish me luck.
seb

Anihilator

Did the car have one brake light out or were there no brake lights at all?

It is an offence and if it was the case the car had no brake lights at all then its very hard to believe that it just occured or the car was roadworthy.

£30 and 3 points seems entirely acceptable and you are just going to waste police time and resources.

sebastianj

Thanks Anihilator, None of the brake lights were working, this can be caused by a fuse to blow or a connection coming loose. These things do happen with technology but it is not in a Dangerous Condition. I don't think you have seen cars in dangerous condition.
rgd seb