Fixed Penalty - Is it enforceable?

[calm1]

Hi, earlier last month I had an accident and unfortuantely my car was just out of MoT. I was issued with a Fixed penalty notice for £60.00, which I tried to pay over the counter when I got paid yesterday, but can't so am now out of time with the 28 days.

 

However on closer inspection I noticed that the accident was on the 2/4/09 and the officer has put the date as 3/4/09 on the fixed penalty - is this enforceable?

[buzby]

Don't think it would help either way, as on BOTH dates, you car didn't have an MoT. If your new MoT certificate was dated 3/4/09 you could prove that you had a valid certificate on the date of issue of the FPN, but as you haven;t - if you make a fuss they could just amend the ticket and you'd be back where you are now...!

[calm1]

Thanks Buzby, but my point is this:

 

I was not driving that car at that time on that road on the 3rd - the car was off the road from accident (on 2nd) until it passed it's MoT a few days later. The officer issuing the ticket cannot prove I was on the road at that time. You can have a car out of MoT as long as it is not on a public highway and it wasn't used AT ALL on the third. More to the point, if the officer was working on the 3rd, maybe there is a log of where he was at that time and date which would contradict the FP. If he was not working then how could he issue a ticket?

[crem]

AFAIK the FPN is only an offer to admit guilt and is not a legal document. If you refuse it, a summons will be issued and may well be corrected as the officer may refer to his official notes taken at the time which are highly likely to be correctly dated.

[patdavies]

However, I thought that a no MoT FPN was £30, not £60. There are certainly no points involved.