Free Traffic Legal Advice

I’m planning on pleading with the court to not endorse my license as I’ll lose employment and won’t be able to secure employment with 9 points on my license. I can’t afford insurance as is with 6 points never mind 9.

No delivery service provider will take on someone with more than 6 points.

I’m not denying the fact I was driving with bald tyres, I was naive to think that companies care about the safety of there workers and wouldn’t give them a van they knew had dodgy tyres on it. Hence why I didn’t do a full 360 point check in the dark of the van before I drove it home.

That’s my mistake right there and I’ve learned from it.

However I’m now being severely punished for something that although the law is fairly clear on it, I agree on that. In a more realistic sense
It’s hardly my fault.

I fully agree, however I’m not a car mechanic.. how am I supposed to know what an MOT testing station number is, all the vrec says is to take it to a certified MOT tester to have the car checked. which I did. Not my fault the tester didn’t have the mot testing station number, he signed it with his name and the business name.

The van wasn’t mine, infact the same night I was stopped by the police the van was collected back by the hire company and I never drove it ever again. I had to jumps through hoops to get the van back from the hire company to take it to a local mechanic to get the vrec form signed.

The police were fully aware it was a hire van and that all work on it must be done through an approved mechanic by the hire company, hence why he said that a mobile mechanic CAN sign it off.

I agree an undocumented conversation would not hold up in court hence why a lot of police now a days are forced to wear bodycams for this very reason.

Either way I’m going to have to go to court anyway as 3 more points on my license I’ll lose my job so fun times.

Ok heard back from the police, the reason they have referred me to courts is that the VRECH form was received completed after the 21 days, the actual form was signed and dated before the 21 days but the actual form never got back to them until after the 21 days, due to it being sent back and fourth 3 times due to incorrect information ( mainly due to being told incorrect information by the police officer) and again by the police station who told me in writing that I could provide supporting evidence ( which I did, the job form showing a new tyre replacement, signed by the mechanic who fitted it) unsure what more evidence they’d need. Either way they declined the supporting evidence and demanded a signed vrech form from a mot tester at a mot testing site with a testing site number.

My question is if I let this go to court will they even acknowledge the vrech form issued or are they there simply to say “did you have a bald tyre or not”, will they take into account that I actually made an effort to fill this vrech form out, get the vehicle fixed and follow the rules given to me back the police officer at the scene?

I mean if I accept this condition I get 3 points regardless, if I go to court I get 3 points but up to a 5k fine or potentially get let off Scott free

What’s the likely hood of me getting no points and no fine if I proceed with court.

Ideally i don't want 3 points for the offence of a bald tyre, my insurance premiums are high enough as is.

I mean do i have a case here? the police told me they would prosecute me if it was fixed within 21 days, i've found what i was given. It was a Vehicle Defect Rectification Scheme (VDRS), is this maybe an automatic thing because they wouldn't have received the letter back within 21 days but the work was carried out and fixed within the 21 days? I can hardly be to blame for the need to send multiple letters to the police to clarify information that i was given in error at the scene?

Thanks.

hello,

I received a letter from the crown office and procurator fiscal service, it says it's a conditional offer of a fixed penalty.

It states i was driving a vehicle with the coords exposed on a tyre, which i was, i was stopped by the police at the time for it. However the police chose not to
give me a fine or any points and said they could go through some sort of vehicle repair scheme ( can't remember the name they used for it sorry ), i essentially
was given a print out of the offence and i had to get it fixed within 21 days and checked off by a MOT tester and sent back to the police station.

Now i was told by the police officer at the scene that i didn't need to get an actual MOT, any mot tester mobile or not could do this as i said to him that it
wasn't my van but a hire van, any work carried out on it is normally done by a mobile mechanic, this was false information, a mobile mechanic was not able
to carry this work out as he needed an MOT testing site number which he wouldn't have.

So i wasted about 8 days of them 21 days sending that letter off to then have it sent back saying it needs an MOT testing site number, i then sent a letter
back stating that the work has been complete, i attached a job letter that shows what was fixed on the van etc and said the guy who fitted the tyre was an
mot tester, he had left his name and company but he didn't have a mot testing site number because he was a mobile mechanic.

So forward on sending that letter off and then having it sent back... i went on a holiday for a week, it was something i had booked months in advance, way before
i had been given this offence. I then come back to see this letter returned yet again to me, now with 4 days left of them 21 days... Telling me i had to
get an mot tester with a mot testing site number to check the vehicle and it had to be back to there offices within the 21 days of the offence.

So i quickly got an mot tester at a local garage ( which i had to pay ) to check it over and then sent it back off to the police, i assume they have received it
out with the 21 days ( even although the slip i got from the police that the mot tester had to fill out was dated before the 21 days) this is why they have
decided to prosecute me?

I'm also not 100% certain of the words on this letter, it states that i can pay a fine of 100 pounds as an alternative to a prosecution?

but then further down the letter it says i pay the 100 pounds, 3 points will be endorsed on my license.

Just looking for some advice here, i have 9 points on my license already from years ago ( tried to appeal speeding on a motorway )
that are due to come off soon but if i am given 3 points for this i'll lose my license.

Thanks.