help with parking ticket summons

[Dancer199]

Hi,

 

I recieved a letter today 18-06-08 from harrogate magistrates court stating that I have to appear in court in harrogate on the 3rd July to answer charges of parking on yellow lines while delivering goods to a shop for 2 mins .

 

This happened on 16-4-08 and i also have to answer for incorrect number spacing on my registration (which at the time was correct) I remembered going out of the shop to the police officer who immedeatly cautioned me and told me I had been there for 10 mins which was total rubbish, he then informed me that my number plates were illegal and he was going to report me.

 

I had heard nothing from them until today, They have offered me to plead guilty by post but have not said what the penalty will be !

 

This cannot be right can it ?

 

I thought you had to be notified within 14 days of any intended prosecution

 

HELP !!!

[b1gn3ll]

Hi,

 

I recieved a letter today 18-06-08 from harrogate magistrates court stating that I have to appear in court in harrogate on the 3rd July to answer charges of parking on yellow lines while delivering goods to a shop for 2 mins .

 

This happened on 16-4-08 and i also have to answer for incorrect number spacing on my registration (which at the time was correct) I remembered going out of the shop to the police officer who immedeatly cautioned me and told me I had been there for 10 mins which was total rubbish, he then informed me that my number plates were illegal and he was going to report me.

 

I had heard nothing from them until today, They have offered me to plead guilty by post but have not said what the penalty will be !

 

This cannot be right can it ?

 

I thought you had to be notified within 14 days of any intended prosecution

 

HELP !!!

 

He reported you to the courts so the next thing normally is a summons, if you dont agree with the charges then plead not guilty and attend to defend your case. The penalty will be what the magistrates decide on the day (with in their guidelines) but if your innocent then attend and defend it.

[Bernie_the_Bolt]

If what you have received is a Conditional Offer of Fixed Penalty, I would seriously consider accepting that. You will have to have very strong evidence to counter the copper's evidence.

 

Do you agree that the number plates are dodgy?

 

You must look at this from the financial position only. If you go to court and lose your fine will be highet and there is the £15 victim surcharge on top.

 

With this sort of issue I would also double check on pepipoo.

[Dancer199]

The letter is not a fix penalty offer.

 

It states that the court will pass sentence on you. Ther is no offer of how much it will cost.

 

I still need confirmation that this letetr has been written in the correct time peroid as I believed that they should have written to me within 14 days of the offence, I need someone to confirm this, (I know this is true for speeding offences, as I have seen it on this forum).

 

On the officers attatched statement it also states that the numbers were less than 1" apart, (The correct plates measured between the gaps are only 10mm not 1" = 25.4mm) he also stated in his statement that the letters were more than 2" apart which is also incorrect. He was with a community support officer (A pretend policeman !) and was quite simply showing off to this guy thinking i'm gonna do this guy. There is no mention that I was delivering goods to the shop across the road nor that i was there for 2 mins max and was returning to move the car.

 

I feel really annoyed that this guy has gone out of his way to make my life hell for doing a job !

 

Clarification of the above by someone who know the legislation on this would be appreciated as the police statement is wrong !

 

Thanks

[Rob S]

The 14 days you are referring to is in respect of the requirement to serve a notice of intended prosecution. This can either be given verbally at the time by the reporting officer or it has to be served within 14 days. It only applies to the following offences:-

 

a) Dangerous Driving

b) Careless & Inconsiderate driving

c) Leaving a vehicle in a dangerous place

d) Dangerous cycling

e) Careless & Inconsiderate cycling

f) Failing to conform with the indication of a police officer when directing traffic

g) Failing to comply with a traffic sign

h) Exceeding temporary speed restrictions imposed by s 14 of the Road Traffic Regulation Act 1984

i) Exceeding speed restrictions on a special road

j) Exceeding temporary speed limit imposed by order

k) Speeding offences generally

 

Is it a summons you have received? If so, what are the exact offences you have been summonsed for?

[Dancer199]

Hi Rob,

 

Thanks for the reply,

 

The offences are

 

pnld code H5239,

Contrary to (9) section 1and 5 of the road traffic regulation act 19844 and schedule 2 to the road traffic offence act 1988

 

And

PNLD code H764

Contrary to section 59(1) of the vehicle Excise and regulation act 1994.

 

I have just checked on the dvla site for registration marks and the details the officer has given in his statement is completly wrong, will this hold any weight ?

 

Thanks

[Rob S]

If the details given by the PC don't match what DVLA have then it could be useful to you. I would print off a number of copies to take to court with you, though the first date will be for you to appear and enter a plea. It will be adjourned if you plead not guilty.

[emsgeorge]

There is a lot of info on the dvla site about plate spacing etc, including diagrams etc. Its designed for manufacturers of the plates, but should do for your needs.

 

Print it off, with the web details on the bottom of the paperwork as well (to prove its come from DVLA site), and go out and check your plate.

 

If its all in order, take the plate with you to court !. Dont clean it, as that will only make you look like you've just had it made up.

 

Is it a new or newish plate ?. Does it have the (legal requirement) makers name and postcode at the bottom of the plate ?. Its an offence for the maker of the plate to mis space lettering - and should provde you with some come back on them if you loose.

 

I have seen a case where someone took photos of their plate in to court (the plate was blatently mis spaced), and the prosecution simply pointed out that the plate had 'not for road use' stamped into the bottom of the plate. He lost. And from what I can remember, ended up with £200 fine, and DVLA withdrawing the registration mark.

 

Oh, dont forget DVLA can, and will withdraw the mark if you get found guilty. They almost never used to do this, but since its become a money grabbing department .....