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.
I recently received one of these guys for using my mobile whilst driving, The officer however noted my surname incorrectly - as 'Guinness' instead of 'McGuinness'
Maybe a daft question but is this grounds for not paying up?
An FPN is merely an invitation to pay the fixed fine rather than go to a Magistrates' Court. If the Court Summons had the wrong name then you may have grounds to have the case struck out, but not the FPN.
I had a fixed penalty notice for supposedly contravening a solid white line whilst overtaking. I contested this & received a summons to court. On receipt of the prosecutions statements I found the following errors to the policeman's statement.
1) Wrong Colour of vehicle
2) Wrong gender description for my child.
After several correspondence with the CPS questioning the accuracy of the police officers eyesight the case was eventually thrown out of court.
So it's worth a shot at questioning whether the traffic warden could read the meter / ticket correctly.
this penalty really hacks me off when I see many police officers during the day in their vehicles using a mobile! I do a lot of travelling during the week and see it all the time. They really make a good impression and set the right example.... my ar**
I had a FPN for speeding, which I did challenge, saying that my husband and I had taken turns driving up and down the particular road that day (Which we had - moving house) and that we couldn't remember who had been driving at the time. This was advice given to me by a local Police Officer who assured me that by writing, I'd probably get off with it as the department was understaffed.
Didn't get away with it though - they thoughtfully sent me a picture with me driving - it was so clear you could almost count my teeth!
HI - Ive got a Penalty Charge Notice for parking - from the council - I wrote and complained as I know that the meters are inaccurate for timings and some not working at all (was in the papers) the warden was waiting at the car to issue when I got there! He said that the extra 5 minutes was up and hard luck - they've just sent me a higher bill this week, no answer to my letter! Have resent it Recorded Delivery - waiting.........
Regarding PCNs, they will ignore all communications and try to enforce it. If you truly believe you don't owe it, answer the summons and defend the case. By the way, FPNs are regarding a criminal offence. They are issued by police. PCNs are issued by private companies on behalf of local authorities under the Decriminalised Parking Scheme. NO OFFENCE has been committed, and recovery is through the Small Claims Court.
I just got a FPN for using my mobi while driving. the time on the ticket as been amended by overwriting. Originaly it said 0710 and the first 0 has been overwritten to make it read 1710 which is when it was.
Does this help me get away with it in any way? is there another way of avoiding the 3 points and £60 fine.
Steady
I just got a FPN for using my mobi while driving. the time on the ticket as been amended by overwriting. Originaly it said 0710 and the first 0 has been overwritten to make it read 1710 which is when it was.
Does this help me get away with it in any way? is there another way of avoiding the 3 points and £60 fine.
Steady
Yes, stop being a dangerous idiot and using your mobile phone while driving. No sympathy at all - and that mistake won't make a difference; you'll have to pay and that's that.
Yes, stop being a dangerous idiot and using your mobile phone while driving. No sympathy at all - and that mistake won't make a difference; you'll have to pay and that's that.
Well, what do you expect? This site takes the moral high ground, and you've just admitted a criminal offence and then asked how to avoid the legitimate penalty for that offence... and a particularly dangerous criminal offence at that which is known to have killed people.
harsh words stonelaughter but unfortunately true, very true.
it may be annoying seeing the many people on the RD committing this offence with no police about etc, but the sad facts are, YOU SHOULDNT BE USING THE THING WHILE THE VEHICLE IS SWITCHED ON AND/OR MOVING.
through my working day i cover countless miles around the borough i live in, and see people using their phones, but why cant they just pull up somewhere safe and do it, it'll only take a minute or so.
i myself have had a mobile for years but do not feel the need to commit this offence, because everyone that knows me have all been told "if you ring and theres no answer i may be driving, so either send a txt or i'll ring you back later".
and no this is not an "HOLIER THAN THOU" POST, just a " THINK ABOUT IT " post.
3 points and £60. you pay it because it's better than some other poor mug paying with their life.
I just got a FPN for using my mobi while driving. the time on the ticket as been amended by overwriting. Originaly it said 0710 and the first 0 has been overwritten to make it read 1710 which is when it was.
Does this help me get away with it in any way? is there another way of avoiding the 3 points and £60 fine.
Steady
Had you bothered to reads the entire thread instead of simply adding a hijack question, then you would have seen this post above...
No.
An FPN is merely an invitation to pay the fixed fine rather than go to a Magistrates' Court.
As long as the time is correct in any subsequent court summons/witness statement; that is all that matters.
harsh words stonelaughter but unfortunately true, very true.
it may be annoying seeing the many people on the RD committing this offence with no police about etc, but the sad facts are, YOU SHOULDNT BE USING THE THING WHILE THE VEHICLE IS SWITCHED ON AND/OR MOVING.
This bit is the 'gold-plating' interpretation that I object to.
Why shouldn't the engine be running? If I pull over to use the mobile, why should I not keep the climate control running?
ref to patdavies,
i myself have no idea why the engine should not be running. i agree that as long as the vehicle is stationary, with handbrake on and out of harms way then there should not be a problem, but when all the fuss kicked up over using mobiles, i read that the vehicle should be parked and switched off. i think it must be something to do with the legal implications of not actually being classed as " in charge of a motor vehicle" unless the engine is on.
i did see basically the same thing with a drunk driver years ago.
the police was in attendance and warned the driver not to get in the car. he ignored them and got in. they then warned him that if he started the engine he would be nicked for being in charge of a motor vehicle, which he then did and they did as they said and he was arrested.
perhaps it is directly related to that part of the law.
Apparently the new mobile phone laws do mean that you can only use a mobile phone with the vehicle stationary AND the engine switched off.
Few actually realise because of all the publicity about the "mobile phone" issue, that the legislation also covers eating or drinking while in control of a vehicle, even when stationary at traffic lights, or any other activity which interferes with your control of the vehicle, such as retuning the radio, reading a map etc.
I wonder how long it will be before the first prosecution for smoking while driving takes place. That will be a contentious one.
Incidently, you can be charged with being drunk in charge of a motor vehicle just for having the keys to the car in your possession while under the influence. I've known a few cases where someone has decided to sleep in the car rather than try and drive and been prosecuted just for being in the car with the keys in their pocket.
MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.
Lloyds - Settled for an undisclosed sum.
Fixed Penalty Notice
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Originally Posted by steady
