Fixed Penaly Notice - should I go to court?

goomba

Hi, I received 3 points and a £60 fine this morning for a small lump in my back left tyre. The police had pulled in behind me a couple of minutes after I had already pulled over, hazards on, at the edge of a slip road on the A40. My front left tyre was punctured and pretty much blown out, I felt something 5-10 minutes before but had no reason to think it was something so serious until it suddenly just went, and luckily there was a slip road there to pull into.

I was kind of relieved when the police pulled over to be honest because I've only been driving for a month and was on my own, didn't really have a clue what to do. He wasn't really bothered with helping me though and asked for my licence and ran the details. He said he could give me 3 points for driving for a punctured tyre, I said I had no idea it was that bad initlally and thought I could manage to get to work.

He then said my back left tyre was illegal due to a small lump, and could give me 6 points and revoke my licence. At that point I was thinking what the hell, I'm was already a bit shaken by the experience and really didn't expect this to be a criminal offence. He went and spoke to his officer in the car, came back and said he will give me a warning for the puncture and 3 points for the bump on the rear tyre.

Started walking back to his car to drive off, I go after him saying I have no idea how to change a tyre, makes a pathetic attempt to help and then leaves. (Phone battery was also dead and ended up having a nightmare, but that's not really relevant...)

At the time it was all a bit of a whirlwhind and I didn't really fight my corner but looking back i feel quite hard done by. I called RAC to fix the puncture, have a letter from a tyre specialist company to say the it's very probably that the lump on the rear wheel was caused by the impact that caused the puncture. I pulled over as soon as I genuinely believed that my car was not driveable. He didn't even get me to sign the penalty notice.

Thank you if you've read all this, do you think I have a case to take this to court? I'm wary of incurring more court fees.

Quiet_Spark

goomba wrote: »

do you think I have a case to take this to court?

So you continued to drive for 5-10 minutes after you were aware there was something not quite right with at least one tyre, and you had at least one other defective tyre on the car as well.

If I were you I'd take the £60 fine and 3 points graciously, and then book myself up for a course in basic car maintenance.

goomba

The incident happened 5-10 minutes earlier, it wasn't until I got onto the A40 and increased speed that I noticed a small buzzing noise but I didn't feel it the car was undrivable or any tyres were in illegal condition. My intention was to get to work which was a short distance away, until it worsened very quickly and I realised it was serious and pulled over as soon as I could.

The damage happened from the impact and I pulled over as soon as I was aware, so I'm basically getting 3 points for running over something in the road..

goomba

Portly_Pig wrote: »

So the police didn't see you driving?

To be honest I passed a layby couple of minutes before and there was a police car there with another car, at that point I honestly didn't feel the car needed attention and if I did I would have stopped for help. I didn't notice any attemp to pull me over and the police didn't have sirens on when they approached me.

goomba

Also I'm receiving 3 points for the lump on the back tyre and not the punctured front tyre, if I was driving for days or weeks with a tyre like that then I would consider that an offence but a few minutes after it happened doesn't seem right to me.

goomba

I honestly have no idea, I felt a hard bump but sometimes you get really harsh potholes or bumps and I didn't think anything of it at the time.

Ultrasonic

goomba wrote: »

I honestly have no idea, I felt a hard bump but sometimes you get really harsh potholes or bumps and I didn't think anything of it at the time.

It may have been a pothole. These can easily damage tyres. At the risk of stating the obvious, you really want to be steering to avoid 'harsh potholes'.

Buzby

I think you are/were being bullied. If we were all as knowledgeable as these guys, the world might be a safer place - but, you are not clairvoyant. You should not be held liable for a defect that was not apparent when you set off.

If you've accepted the points, it is too late and you will not get a chance to challenge in court. A letter to the Chief Constable for the area, stating the details and the outcome and asking why, having noticed and stopped to investigate, the officers then penalised you at the roadside. Does he recommend you should have ploughed on an perhaps caused an accident?

neilmcl

Buzby wrote: »

I think you are/were being bullied. If we were all as knowledgeable as these guys, the world might be a safer place - but, you are not clairvoyant. You should not be held liable for a defect that was not apparent when you set off.

If you've accepted the points, it is too late and you will not get a chance to challenge in court. A letter to the Chief Constable for the area, stating the details and the outcome and asking why, having noticed and stopped to investigate, the officers then penalised you at the roadside. Does he recommend you should have ploughed on an perhaps caused an accident?

How do we know it wasn't apparent when he set off. For all we and the OP knows the rear tyre could have been defective for some time, not unlike the front as it seems.

goomba

neilmcl wrote: »

How do we know it wasn't apparent when he set off. For all we and the OP knows the rear tyre could have been defective for some time, not unlike the front as it seems.

Nobody can say for certain it wasn't there but I have a letter from a tyre specialist to say it's extremely likely to be caused from the impact of the puncture and can get confirmation from RAC that I received breakdown cover. Given the circumstances I feel it was harsh for the police to just pull over, give 3 points and disappear, basically he only gave 3 points because he could and to help him meet his quotas. I'm leaning towards taking it to court, if I lose at least I will know what the justice system is like.

Joe_Horner

Buzby wrote: »

[...] You should not be held liable for a defect that was not apparent when you set off.

You shouldnt be but, unfortunately, you are. The offences relating to tyres, brakes and steering in the Road Traffic Act are absolute offences with no statutory defence available.

Which means, to be absolutely safe from this sort of thing, everyone should stop and inspect their tyres immediately every time they catch a pot-hole or similar. Even small pot-holes can rupture a tyre wall if you're unlucky, as can stones or anything else that puts a shock load on them. Can you imagine the chaos doing that would cause given the state of our roads? :eek:

I guess that, when it was drafted, there was an assumption that road policing would involve common sense and the use of discretion. :rotfl:

neilmcl wrote: »

How do we know it wasn't apparent when he set off. For all we and the OP knows the rear tyre could have been defective for some time, not unlike the front as it seems.

If "when it happened" made any difference (it doesn't, see above) then it wouldn't matter that we "didn't know" because it would be up to the police to prove that it was like that for some time, not for the OP to prove that it wasn't.

We're still (nominally) innocent until proved guilty in this country, except when it comes to trial by media or internet forum.