Mellow Yellow !

iTrader: (1)

Tony, as Gary has suggested try Graham over at M/Cr......he's pretty damn good ! erm......so i've heard

Meant to speak with you at Robinsons this week, you turned up for a service, my P1 was on the ramps.

[Edited by Mellow Yellow ! - 12/8/2001 8:40:47 AM]

TonyNesta

I got pulled for speeding in July - 72mph on the M6 in roadworks with 50mph restriction, its a fair cop guv.

Get the producer, so off I goes to the police station, hands in my licence and sends off the fine. Cheque gets cashed but my licence does not get returned. Instead I get a letter saying my licence has not been received and they are going to pursue the matter further, and that they will refund the cheque.

Last week I received a summons to go to court in January for this speeding offence, and that I will be liable for costs if found guilty. I'm quite happy to go to court but don't want to pay costs, as I've already paid the fine and admitted I'm guilty. However, I am a bit miffed that its gone this far when the police have lost my licence and I've admitted guilt anyway.

I know its cheeky, but is there any way I can use this to get off the speeding offence ?

I have no idea what to do next, does anyone have any suggestions ?

Cheers,

T

Sith

I guess they don't have booking in book for licenses then. Seems strange that they don't keep a record of this sort of thing. Do you have any proof that you handed in the license? If you do then IMO this should be enough for the court.
And I don't understand why they are pursuing this when you paid the fine and could get another photo card license and have this endorsed.

Doesn't make sense to me.

GaryC

Tony, I know a *very* good motoring lawyer in Manchester - he will run rings round anything that has the slightest flaw. Definitely worth a quick call.

Graham Walker at Horwich Farrelly - 0161 834 3585, mention my name (not that I'ver ever...... )

Pete Croney

I'll bet the bench will love this.

The one thing that brightens their day up is when the Police completely **** something up. A good brief will rip this to bits.

Incidentally, did you cash the refund cheque?

JGRIFF

When you surrendered your licence at the police station part of the FPN(E) (Fixed Penalty Notice (Endorsable)) is handed back to you as a receipt for your licence, and is a temporary replacement for the licence proper until it is returned to you. This is so if you get stopped again you have a licence to produce. As long as you have this portion of the FPN(E) then that is your proof of surrendering the licence, and that police have lost it. Otherwise the court will tend to believe you haven't handed it in the first time. Hope this helps

Dracoro

If you need to get a response from Traffic Officers and many people who have been in the same boat then go to...
http://groups.yahoo.com/group/uktrafficlaw/

very good forum as TO's reply, not someone who heard this or that down the pub etc.

molly

the receipt you get is called a HORT 2. if youve lost it the cop station that seized your licence will still have the top copy. if you surrendered your licence within 7 days from midnight the day you were potted then you have coplied with the law. plus your fine has been payed... within 28 days i hope.... molly

JGRIFF

I hate to get picky but the form you get is not a HORT2, it's the bottom portion of the FPN(E) and has your name and licence number on it so that you can use that as a licence whilst your is away whilst the points are being put on it.

TonyNesta

I've got nothing from the police station, but I have the fixed penalty form that the cop that pulled me gave to me. I presented my documents within 7 days, and paid the fine within 28.

The fixed penalty form has no bits with licence details on, and I detached the bit to pay the fine.

I eventually cashed the refund cheque, once they were able to spell my name correctly ! Does this make a difference ?

This solicitor chappie, will he give me advice over the phone or is he going to charge me a shedload of cash thus negating the point of arguing the case ?

Mellow, saw your car at Robinsons - did you bump into Mike Wood as well ? Had a chat with him in the afternoon when I collected my car.

Thanks for all the advice guys and gals.

T

ian_sadler

Tony,

Its not normaly the cash that makes it worth fighting but the points involved that make more difference.

Ian

Bobfrog

If you pay a couple quid more than the fine they send you a cheque for the difference if you do not cash this then I've been told they cannot endorse your license because the financial transaction has not been completed, as they cannot make you cash the cheque you should be able to get away with it. But thats ONLY what I've been told, it maybe worth finding out about