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Fixed Penalty legal time-lapse
froggy2021
Posts: 3 Newbie
in Motoring
Hi,
On 10.08.21 I was stopped by the police for driving back to my house on a flat tyre 200 yards away from home.
I received the fixed penalty dated 17/11/2021 today .
My question is: what are my chances of winning if I contest.
I have readon many websites that they have 14 days to send the penalty notice...we are over 3 months since the offence...
Thanks
On 10.08.21 I was stopped by the police for driving back to my house on a flat tyre 200 yards away from home.
I received the fixed penalty dated 17/11/2021 today .
My question is: what are my chances of winning if I contest.
I have readon many websites that they have 14 days to send the penalty notice...we are over 3 months since the offence...
Thanks
0
Comments
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As you were stopped at the time, there is no need to warn you in writing and so the 14-day limit doesn’t apply.0
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In fact, it doesn't apply to construction and use offences (such as ones involving dodgy tyres) at all.[Deleted User] said:As you were stopped at the time, there is no need to warn you in writing and so the 14-day limit doesn’t apply.
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As close to zero as makes no difference. Contesting this will almost certainly cost you a considerable amount of money. You will be taken to court, they will find you guilty and they will impose a penalty of many hundreds of pounds.froggy2021 said:Hi,
On 10.08.21 I was stopped by the police for driving back to my house on a flat tyre 200 yards away from home.
I received the fixed penalty dated 17/11/2021 today .
My question is: what are my chances of winning if I contest.
I have readon many websites that they have 14 days to send the penalty notice...we are over 3 months since the offence...
Thanks
I doubt if even Mr Loophole Nick Freeman could get you off and, even if he could, he would cost far more than the fixed penalty.
Pay up within the allowed timescales.
What were the circumstances? Were you driving slowly and carefully? Did they have other reasons to stop you?
Did you fail the attitude test when stopped and questioned? In my albeit very limited experience, being polite and respectful to the Police when stopped has always resulted in no action being taken.
A man walked into a car showroom.
He said to the salesman, “My wife would like to talk to you about the Volkswagen Golf in the showroom window.”
Salesman said, “We haven't got a Volkswagen Golf in the showroom window.”
The man replied, “You have now mate".0 -
Hi, Thank you for your answers.
I was driving 20mph in a 30mph with my hazard lights and complied, was polite and respectful. It was 1.30am, I was not under influence, had 0.0 at the alcohol test. I was 200 yards from home and it has just happened.0 -
What do you intend to contest?froggy2021 said:Hi,
On 10.08.21 I was stopped by the police for driving back to my house on a flat tyre 200 yards away from home.
I received the fixed penalty dated 17/11/2021 today .
My question is: what are my chances of winning if I contest.
I have readon many websites that they have 14 days to send the penalty notice...we are over 3 months since the offence...
Thanks
You were stopped at the time of the offence, a NIP isn't required for the offence and given you were stopped and reported it's compliment if a NIP was required. How do you intend to cast reasonable doubt on the prosecution evidence the tyres wasn't under inflated?
I think prosecution is harsh but we don't know what your attitude was like at the time.0 -
For how long/how far had you driven before getting stopped.froggy2021 said:Hi, Thank you for your answers.
I was driving 20mph in a 30mph with my hazard lights and complied, was polite and respectful. It was 1.30am, I was not under influence, had 0.0 at the alcohol test. I was 200 yards from home and it has just happened.
200 yds from home is harsh, but if you've driven 10 miles on a flat tyre before that..........Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....1 -
Thank you for the comments and harsh assumptions that I did not have the right attitude.
It had just happened and I nicely complied.
I will remove myself from this forum considering the animosity and harsh judgment.0 -
People are just asking legitimate questions, there is no animosity and nobody is judging you but, if you want to throw a strop and storm off, that is your prerogative.
Presumably you will not read this but your post does make me think that perhaps, knowingly or unknowingly, you did fail the attitude test with the Police. That would explain why they decided to pursue the matter.A man walked into a car showroom.
He said to the salesman, “My wife would like to talk to you about the Volkswagen Golf in the showroom window.”
Salesman said, “We haven't got a Volkswagen Golf in the showroom window.”
The man replied, “You have now mate".1 -
I would have thought that it could reasonably be argued that the offence is trivial. It is perfectly normal to move a car with a flat tyre to somewhere where the tyre can safely be changed.
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Trivial offences don't usually carry points so why would you think it's trivial?brianposter said:I would have thought that it could reasonably be argued that the offence is trivial. It is perfectly normal to move a car with a flat tyre to somewhere where the tyre can safely be changed.0
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