Penalty points and fine for breaking down?

InDebted2U_2

For the first time in more than twenty years I ran out of petrol. The consequence was 3 points on my licence & £60 fine.

lucylucky

Simply because it was unintended does not lesson the offence, however I suggest you visit pepipoo and see if the folk there can help out.

spadoosh

And the police wonder why people have little respect for them.

Appologies i cannot offer any advice on the situ but sure someone will be able to help.

I was pulled over 3 months ago at 6:00am after working a night shift. The policeman said i was tailgating the guy in front of me who had slammed on his breaks to not speed through a speed camera, i was aware of the speed camer so adjusted my speed accordingly (didnt break, didnt need to) anyway he then pulls me over and asks all the usual questions and proceeds to breathalyse me (in work uniform, damn obvious i hadnt had a drink) upon passing this he then turns around and asks who owns the car and i said me. he said its wasnt registered in my name. At the time i was obviously slightly worried (having never been pulled over before) but he had all my details written down on his hand before he got out of his van. I then rang around everywhere trying to make sure my car was registered with me and obviously it always had been. The policeman lied to me and was deliberately trying to trip me up. Just dont understand how they want to command respect and do something as stupid as that!

Stigy

spadoosh wrote: »

And the police wonder why people have little respect for them.

Appologies i cannot offer any advice on the situ but sure someone will be able to help.

I was pulled over 3 months ago at 6:00am after working a night shift. The policeman said i was tailgating the guy in front of me who had slammed on his breaks to not speed through a speed camera, i was aware of the speed camer so adjusted my speed accordingly (didnt break, didnt need to) anyway he then pulls me over and asks all the usual questions and proceeds to breathalyse me (in work uniform, damn obvious i hadnt had a drink) upon passing this he then turns around and asks who owns the car and i said me. he said its wasnt registered in my name. At the time i was obviously slightly worried (having never been pulled over before) but he had all my details written down on his hand before he got out of his van. I then rang around everywhere trying to make sure my car was registered with me and obviously it always had been. The policeman lied to me and was deliberately trying to trip me up. Just dont understand how they want to command respect and do something as stupid as that!

The Police probably thought your actions were consitant to those of a drink driver (wrongly to rightly). Unfortunately being in a work uniform isn't a surefire sign that somebody is sober. For example, if you hadn't already told them you were coming home from work (or even if you had told them!), what's to say that you weren't travelling to work, and had had a skinful the night before and thus still over the limit, although you feel okay in yourself?

Also, who's to say you hadn't been on the bottle at work? I'm sure people do it all the time, if they have an alcohol problem! Unfortunately the Police Officer didn't know you from Adam, and therefore was acting by the book. Not sure about the registration issue though, and might just have been a DVLA hitch...it does happen I'm afraid.

It would appear I've strayed from the topic somewhat, I do apologise!

daveyjp

Your title is misleading. You didn't break down, you ran out of fuel which is a preventable situation. Stopping on zigzags is also an offence. Combine the two and a ticket is probably justified.

Unless you can afford a lawyer well versed in traffic law take the hit and fill the car every time it gets to quarter full.

esmerobbo

daveyjp wrote: »

Your title is misleading. You didn't break down, you ran out of fuel which is a preventable situation. Stopping on zigzags is also an offence. Combine the two and a ticket is probably justified.

Unless you can afford a lawyer well versed in traffic law take the hit and fill the car every time it gets to quarter full.

In the Mersey tunnels they actually penalise you for running out of fuel.

I can see the OP, point but it is an absolute offence to park on zig zag,s

InDebted2U_2

I read elsewhere about being able to informally appeal if you feel you have been issued a fine unfairly. Does anyone have any info on this? There are lots of cases of people caught speeding or who have parked where they shouldn't, but I couldn't find any case like mine.

Bamber19

InDebted2U wrote: »

I read elsewhere about being able to informally appeal if you feel you have been issued a fine unfairly. Does anyone have any info on this? There are lots of cases of people caught speeding or who have parked where they shouldn't, but I couldn't find any case like mine.

Can't help with this but I suspect it applies only where something is procedurally wrong or the law has been interpreted wrongly. Your complaint, when we get down to brass tacks, is that you weren't let off with something that is an offence. Police officers sometimes use their discretion, and certainly this officer could have said "alright, keep a better eye on your petrol gauge in future" but I can't see how you can honestly expect to have a fine set aside when the letter of the law has been followed. You may have had better luck letting it go to court and then pleading your mitigating circumstances, although I still suspect the outcome would not be a happy one for you.

taffy056

I thought the only way to appeal is in court on FPNs , still I could be wrong.

esmerobbo

taffy056 wrote: »

I thought the only way to appeal is in court on FPNs , still I could be wrong.

I believe your right the only appeal is in front of the Magistrates. The problem being I believe they can increase the fine if they uphold the FPN.

I can understand the OP,s frustration but I don't believe there would be a defence for parking on a zig zag. Even though you had run out of petrol.

You could take your chance in court and appeal to the Magistrates but I would think that they would believe running out of petrol is an avoidable breakdown, also they may ask was it not possible to roll or push your vehicle away from the zig zag. It depends on your personal circumstances and the questions they ask. Given you have had a really rough time lately it may be worth for your own peace of mind to bite the bullet and pay the FPN. The 3 points are the bug but some insurance companies disregard the first 3 so that may not make a difference.

Don't let the Police officers attitude muddy the water she may well have been wrong in the way she handled you. However if you do go to court the Magistrates will only be interested in the facts.

roddydogs

The Police enforcing FPNEs (Endorsable) or PCNEs as I think their now called.?Traffic wardens (now TPCSOs) were given this power about 17 years ago. Must be a VERY rare occurance. Are you sure its was Police?