Author Topic: Coditional offer of a fixed penalty for a cord exposed  (Read 720 times)

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NewJudge

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #15 on: September 30, 2023, 02:49:10 pm »
Quote
So yes I'll need to go to court as I face loosing employment, won't be able to get a delivery driver job anywhere with 9 points.

I would have thought that you had nine which were imposed in the past five years (assuming the three you got were after the six from 2019). But no matter.

So what are you expecting from the court (bearing in mind what I said in my previous post)? Are you considering pleading Not Guilty (which would not be wise from what I've read). Also bear in mind that the financial penalty in court will be considerably greater (perhaps 4x or more) than the fixed penalty.
« Last Edit: September 30, 2023, 02:54:27 pm by NewJudge »

carr1514

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #16 on: October 01, 2023, 10:54:34 am »
Iím planning on pleading with the court to not endorse my license as Iíll lose employment and wonít be able to secure employment with 9 points on my license. I canít afford insurance as is with 6 points never mind 9.

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

Iím 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 wouldnít give them a van they knew had dodgy tyres on it. Hence why I didnít do a full 360 point check in the dark of the van before I drove it home.

Thatís my mistake right there and Iíve learned from it.

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

Southpaw82

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #17 on: October 01, 2023, 11:11:58 am »
Iím planning on pleading with the court to not endorse my license as Iíll lose employment and wonít be able to secure employment with 9 points on my license. I canít afford insurance as is with 6 points never mind 9.

Endorsement is mandatory.

NewJudge

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #18 on: October 01, 2023, 11:17:02 am »
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Iím planning on pleading with the court to not endorse my license as Iíll lose employment...

As I explained, the court will have no option but to endorse your licence unless it finds "Special Reasons" not to do so and those reasons must be associated with the offence itself, not the effect the sentence will have on you. You could try explaining that the vehicle was provided for you and you had no reason to believe it was not in a roadworthy condition. I have a suspicion that argument will not succeed and I should emphasise that the financial penalty, in the event you are unsuccessful, will be considerably more than the fixed penalty.

carr1514

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #19 on: October 01, 2023, 01:07:01 pm »
So my best possible outcome is to accept the fixed penalty, lose my job and go on the dole?

Perfect system.

Exactly where the government want you.

NewJudge

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #20 on: October 01, 2023, 03:09:33 pm »
Please don't shoot the messenger.

As I said, if you go to court you could try the approach I suggested, though I don't realistically see it succeeding.

I've read the entire thread again and this concerns me:

... he told me he didnít have a testing station number because when he does MOTís itís done off site, at another location and he didnít know the station number off the top off his head,

This suggests to me that the mechanic was not an MoT tester at all but merely took vehicles to an approved tester. I may be wrong. If you insist on going to court you could explain all this as well as the confusion you faced over getting the repairs certified. I still don't see you have much of a chance of success but you might as well throw this in as well.

On a general note, it's nothing to do with what the government wants that may see you lose your job. Employers or their insurers who won't allow you to drive probably do so because they see the risk of a driver who has committed a succession of motoring offences as not one they wish to take. If I was in your position I would be looking for a job that did not involve driving (or at least, one which would be possible with nine penalty points in the past five years).

ManxTom

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #21 on: October 04, 2023, 02:14:36 pm »

... What I donít understand is, why was I given false information at the scene by the officer.

Why when originally sending this did I receive a letter back saying if I could send supporting documentation to prove the defect has been rectified? Why the job form, signed by the mechanic with his company logo on it, my signature and the vans reg isnít proof...


If you are still following this thread, what did the form the polce office gave you actually say?  Did it say that you had to have the defect fixed by a MOT tester, and did it also say that the number of the vehicle testing station had to be identified on it?

If the form didn't say that the testing station number had to be identified, then I don't see why you can't argue that you did return the form within 21 days, but that the police wrongly rejected it when they should have accepted it.

However, if the form said that you did have to provide the number of the testing station then - despite what the officer may have told you - you're on somewhat sticky ground because you really should have followed the instructions on the form.  If the instructions differed from what the officer had told you, your best course of action would have been to 'phone the police and ask them what you needed to do.

Obviously you can still argue in court that the officer didn't give you clear instructions as to what to do (and might have inadvertantly misled you) and that you tried your best in good faith to comply with the requirements, but that they hadn't been clearly communicated to you.

But I think it will come down to the wording of the instructions on the form.

By the way, I tend to agree with @NewJudge.  I wonder if your mobile mechanic is a bona fide MOT tester if he couldn't provide a testing station number? 


roythebus

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #22 on: October 21, 2023, 05:20:09 pm »
Maybe the mobile mechanic isn't a qualified tester at all, he repairs vehicles and takes them to a Ministry approved testing facility where the test is carried out. It's what I used to do.

If the OP is doing deliveries as well, make sure the insurance covers you for that. I've just been shopping around for renewal quotes and at least 2 of them forbid the use of the vehicle for deliveries or the carriage of passengers for hire and reward.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

M60NJP

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Re: Coditional offer of a fixed penalty for a cord exposed
« Reply #23 on: October 22, 2023, 05:13:40 pm »
Was the tyre defect identified (i.e were you pulled over!) on your return from collecting it? NewJudge's opinion re the expectation of a road-worthy vehicle may have legs if it was. If you'd had it a while and neither felt or saw the wear, much less so!

Was this a 'proper' rental company (Avis, Hertz etc)? Although it won't save your bacon there's surely some reparation to be had if they provided an unroadworthy vehicle?