Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)
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  1. #1
    Basic Account Holder budgieballs Novitiate

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    Default Fixed Penalty Notice - Offence code and details dont match

    Hi all

    I was stopped this morning for being on the phone whilst driving. The Police officer issued me a fixed penalty ticket which I signed however when I got home I noticed that the offence code has been marked correct - but in the free text the offence has been entered as "failure to wear a seatbelt".

    Is there anything I can do?


  2. #2
    Royalties Account Holder
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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    No, the FPN is effectively an invitation to pay a fixed fee instead of being taken to court. If you were to insist on that then it's likely that the mistake would be corrected on the summons under the 'slip' rule.


  3. #3
    Basic Account Holder budgieballs Novitiate

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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    What offence would be endorsed on my driving licence?


  4. #4
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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    Quote Originally Posted by budgieballs View Post
    What offence would be endorsed on my driving licence?
    Good question, and in truth, I don't know


  5. #5
    Basic Account Holder TD27 Novitiate

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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    You cannot have points on your licence for a seatbelt offence, unless its something like carrying a passenger at danger which this is not.

    Which force were you stopped by?

    I only ask as in mine we have two distinct ticket books for endorseable and non endorseable offences.

    I suspect that if you refuse to play ball you'll end up in court for the original offence.

    That said, as only a humble traffic plod, there maybe more useful minds on here that may come up with another solution. Personally, I can't see one.

    If you don't produce and pay, the ticket will most likely go back to the officer for a summons file to be created.

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  6. #6
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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    Quote Originally Posted by TD27 View Post
    If you don't produce and pay, the ticket will most likely go back to the officer for a summons file to be created.
    No, that's not how an FPN works.

    If you decide not to pay, then you must take positive action to elect for a Court hearing.

    If you do nothing, then the fine will be enforced as though issued by the Court (IOW, effectively a default conviction)


  7. #7
    Basic Account Holder TD27 Novitiate

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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    I can only speak from personal experience Pat, and I have had jobs come back to me for file creation thru non payment.

    OP, in any case, I'd agree that positive action is the best policy.


  8. #8
    Basic Account Holder budgieballs Novitiate

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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    I was stopped by Merseyside Police and issued with an endorseable fixed penalty notice.


  9. #9
    Basic Account Holder TD27 Novitiate

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    Default Re: Fixed Penalty Notice - Offence code and details dont match

    Ok, well personally I'd take it on the chin.

    You don't dispute you were on the phone, and I would expect any challenge may be met with a summons.

    Thats my personal view, others may think differently.



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