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fail to produce licence counterpart....help!


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hi, i had a producer after a minor traffic accident on xmas eve, and have not been able to find my counterpart driving licence, i took the rest of my documents, insurance etc to my chosen station, but the policeman would not even look at them without my counterpart..i have since ordered a replacemnet, but due to the xmas break it will not be here on my final 7th day (friday) i was told if i couldnt produce it would go to court... is there a chance it will be dropped if i produce the full licence at court..ans was the police station correct in refusing to check my MOT and insurance papers as well as my photocard licence

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If you are unable to produce your counterpart, then you commit the offence of driving without and/or failing to produce your licence, and you would have been reported for the offence at the time of being required to produce.

 

When you went to the Police Station, the officer on the sesk would have completed what is called an HO/RT2 and is simply a statement of facts completed at the time and then returned to the officer who made the requirement in the first place.

 

If you have produced the photocard part of your licence, this should have been recorded and on receipt the original officer who requested you produce will submit what is called a DQ1 which in simple terms is a record of your licence history.

 

It will show all licences held, dates tests passed as well as details of any renewals and duplicates.

 

Providing it comes back all OK, it is unlikely that they will issue a summons as it would not be in the public interest as you have mitigating circumstances and it can be shown that you did attempt to produce your licence and you were insured.

 

Experience has shown that on the odd occasion when summonses were issued, the magistrates will very rarely convict anyway, so in short, don't lose too much sleep over it and as soon as your replacement counterpart arrives, nip down to your local nick with your counterpart explain what has happened and they should be able to cross reference it and send a second HO/RT2.

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You need to contact the officer you issued the HORT/1 (producer).

 

Only the licence must be produced personally and for these purposes, the counterpart must be produced as it is part of the licence.

 

If you produce everything as soon as you can, I doubt that the CPS will take it any further

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They should have recorded your insurance and Mot cert especially if they were in order. Personally I would get them recorded asap and if they refuse to record it ask for the Sergeant / duty Inspector to make a complaint (it will hardly be recorded as such but whoever has refused to do their job will be mentally noted by the supervisor). Always take the number of the person you deal with along with the date and time, it helps if you need to complain.

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They should have recorded your insurance and Mot cert especially if they were in order. Personally I would get them recorded asap and if they refuse to record it ask for the Sergeant / duty Inspector to make a complaint (it will hardly be recorded as such but whoever has refused to do their job will be mentally noted by the supervisor). Always take the number of the person you deal with along with the date and time, it helps if you need to complain.

 

Insurance and MOT details are only recorded if tyhe original HO/RT1 requires or states that details should be recorded, which in the case of a crash is par for the course as a copy of the details will be given to the third party insurers on payment of the fee.

 

The issue here is purely over the counterpart element of the licence which has already been mentioned is the only document which must be produced in person, the other documents can be produced by someone else.

 

Why should a complaint be made? If the the originating officer has complied with the requirements of the HO/RT1, then there is no grounds for a complaint if all that has been asked for is confirmation that the documents are in order, and any such complaint would be thrown out at its inception.

 

There is a set procedure for production of documents as I have explained, and all the officer recording the details can do is as has been requested, whether it be record full details or simply confirm they are in order. The HO/RT1 will specify what is required.

 

If the countrpart is produced at a later date, although late, it is unlikely to go any further providing everything else is in order.

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The issue is not "purely over the counterpart element of the licence " as you state. The OP clearly has a problem with his lost counterpart but he also stated that "i took the rest of my documents, insurance etc to my chosen station, but the policeman would not even look at them without my counterpart" That assumes that he was required to produce his insurance and Mot certificate but was not allowed to because his counterpart was missing, which is clearly a deriliction of duty. Surely the correct procedure was to record the details of the documents produced which were correct in accordance with the HORT/1 and report for the incorrect one ie the D/L, which could always be sorted out later. Should a summons be issued now for failing to produce and having none of the documents (possibly up to 6 offences for the 3 documents mentioned) the OP's explanation at the magistrates court that he did produce them but the officer failed to record details could fall on deaf ears.

 

That to my mind should be subject to a complaint especially if he goes to the trouble of producing again and the same thing happens, hence my suggestion that he stands his ground and asks to speak to a supervisor. Front office staff should do the job not put off doing the job at the risk of the public going to court. The OP has had an accident the documents should be recorded and not merely viewed as correct.

 

Sloppy Police work should be complained about to a supervisor, who should be the judge of whether the offending officer needs reporting for failing in his duty, all the OP can do is protect his own interests and bring sloppiness to the notice of the supervisor.

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thanks for all the advice and help.... i phoned up the DVLA and they said i could go and pick up a copy of my counterpart from them tomorrow... a lot of expense and trouble, but i dont want to risk going to court over something minor.... will teach me to keep my papers safe!!! thanks again....

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