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Appealing a fine & points?

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Comments

  • kev25v6 wrote: »
    Tell them he was wearing daily contact lenses at the time.
    I don't think he wants to go down the road of lying to be honest especially if he needs to provide proof that he actually owns contact lenses at any point.
    You can’t appeal a fixed penalty. You either accept it or take it to court.
    Just a question here, and unlike earlier with others at parts this is no sarcasm...


    But if you can't appeal a fixed penalty then what is the purpose of going to court?
    If you can't appeal it then surely there is only one option - accept it?
  • Car_54
    Car_54 Posts: 8,873 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    From what you describe, he'll get a letter offering a fixed penalty (£100 and 3 points). if he doesn't accept that, it will go to court automatically.


    He needs to check the code on his licence. If it's 121, it means "restricted to conditions specified in the Secretary of State’s notice". He must have been notified at some stage by DVLA that he needs glasses (or lenses), and that is compulsory.


    If its 01, it means "eyesight correction, for example glasses or contact lenses".That is much more common, and means he either answered "yes" on an application form, or was wearing glasses on a test.


    There was a case on Pepipoo.com some time ago where it was concluded that the 01 code is for info only, and is not a legal requirement. But not many police officers seem to understand that.



    Get your friend to post on pepipoo.com for more expert help.
  • JustAnotherSaver
    JustAnotherSaver Posts: 6,709 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    edited 20 April 2019 at 5:39PM
    Car_54 wrote: »
    From what you describe, he'll get a letter offering a fixed penalty (£100 and 3 points). if he doesn't accept that, it will go to court automatically.


    He needs to check the code on his licence. If it's 121, it means "restricted to conditions specified in the Secretary of State’s notice". He must have been notified at some stage by DVLA that he needs glasses (or lenses), and that is compulsory.


    If its 01, it means "eyesight correction, for example glasses or contact lenses".That is much more common, and means he either answered "yes" on an application form, or was wearing glasses on a test.


    There was a case on Pepipoo.com some time ago where it was concluded that the 01 code is for info only, and is not a legal requirement. But not many police officers seem to understand that.



    Get your friend to post on pepipoo.com for more expert help.
    Thanks.


    What is this "01" code as in where should i be looking? I have a photo of the rear of his licence and in the 10/11/12 columns, under the 12 column there is "01" for
    AM
    A
    B1
    B
    C1
    C
    BE
    C1E
    CE
    and for fkpq it states "01, 118".


    I'm assuming that's the 01 you're on about?




    EDIT: For A1, A2, D1, D, D1E and DE there's just a line running through 10 & 11 column with nothing in the 12 column.




    For comparison, i've just checked my own licence and i have 122 in column 12 for AM, 79(3) for A and 118,122 for fkpq.Nothing in B1 or B and i don't have the rest that he does.
  • Just a side question to try and tackle 2 things at once....


    Forgetting the question of whether he can get this overturned or not, the fact of the matter is that he's now been to the opticians today who have said that he does not need glasses. Not just for driving but that he doesn't need glasses full stop.


    So how does he get this removed from his licence so that if he ever gets stopped again and some jobsworth is trying to fish for any little thing because they've had a bad/slow day at the office then at least they wont be able to sting him for this again?
  • Car_54
    Car_54 Posts: 8,873 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Thanks.


    What is this "01" code as in where should i be looking? I have a photo of the rear of his licence and in the 10/11/12 columns, under the 12 column there is "01" for
    AM
    A
    B1
    B
    C1
    C
    BE
    C1E
    CE
    and for fkpq it states "01, 118".


    I'm assuming that's the 01 you're on about?
    That's right. A full list of codes is here https://www.gov.uk/driving-licence-codes
  • How do these codes get onto your driving licence? (Sorry if that's a stupid question!)


    I've worn spectacles for nearly 20 years and (nearly*) always wear them when I'm driving. There are no codes on my driving licence.


    BTW I passed my test in 2000 before I started wearing glasses and renewed it in 2010.


    * My distance vision tends to vary - sometimes I can see better without rather than with specs. I check it regularly reading numberplates and with my own "TV subtitles" test.
  • How do these codes get onto your driving licence? (Sorry if that's a stupid question!)


    I've worn spectacles for nearly 20 years and (nearly*) always wear them when I'm driving. There are no codes on my driving licence.


    BTW I passed my test in 2000 before I started wearing glasses and renewed it in 2010.


    * My distance vision tends to vary - sometimes I can see better without rather than with specs. I check it regularly reading numberplates and with my own "TV subtitles" test.
    From the sounds of it maybe we need to have ticked some box on a form somewhere at some point, who knows.



    I passed a little after you - 2002. About 10ish years ago i started wearing glasses for when on the PC at home but i don't feel i need them for driving. I have no code 01 on mine.




    Still, if anyone knows how the chap in the OP can get this removed off his licence so he doesn't suffer the same again, feel free to advise.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Not quite sure what's going on then i'm afraid.



    Unless of course we're being finicky here, but then that doesn't happen on MSE :A so it must be something else...


    The way i see it - i put that in red & later on put another piece of text in red. If you want to bypass the text between the two pieces of text in red (and therefore make the whole reading experience shorter by skipping a big chunk!!) then you can do.


    Basically i'm making it appealing to both sides (or at least trying to). See, when you get to the point people generally get upset and say - how can we possibly help you, we want all the juicy info, we want to know what you did 10 years prior to the event.
    And when you give the full info people say - i'm not reading all that, that's way too much, just get to the point.


    So you end up covering both bases ... and still have people making a deal of it :rotfl:


    Moral of the story - people are never happy.




    Anyway, back on topic, he says that the police told him it'll come through the post and he can appeal it if he wants.

    So i'm assuming the appeal process means court then. Having never been in the situation myself i don't know the ins and outs of these things.

    I wasn't being finicky, and it is ironic that in a thread about vision, I genuinely did not see it. I was simply giving another data point - albeit perhaps incorrect. That's a lot of text for one small issue. Just because we have had our differences, doesn't mean you have to carry them into every interaction :)

    On the case of removing the "01" DVLA should be able to tell your friend, but it may require an eyesight test at an opticians first to verify.
  • System
    System Posts: 178,353 Community Admin
    10,000 Posts Photogenic Name Dropper
    That's an interesting one.


    How would they have known he wore glasses though?
    When he did the HGV medical he will have been asked prior to the eye test portion of the examination whether he wore glasses or not. He would have then taken the eye test. That would have been entered on the HGV medical form and whether he needed to wear them to pass the test or not.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • robatwork
    robatwork Posts: 7,268 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    So how does he get this removed from his licence so that if he ever gets stopped again and some jobsworth is trying to fish for any little thing because they've had a bad/slow day at the office then at least they wont be able to sting him for this again?

    I need glasses or contact lenses for driving. If I didn't wear them I would be more than dangerous.

    So from the police point of view they can't see on a licence if a) I am very short sighted b) just a tiny bit short sighted c) admin error and I don't in fact need any correction.

    So your "fish for any little thing" is asking the police to guess that Bob was b) or c)

    Are you really saying it's a jobsworth thing to stop someone driving who needs glasses but isn't wearing them?
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