Fixed Penalty Notice - Offence code wrong

[Ammers1]

Hi everyone

my partner got pulled for a defective light and whilst stopped also got done for having no insurance ( he had domestic and social insurance and not commercial which apparently he needed)

I have the fine to pay here but the offence code written is 608(a) and its not recognised when I try to pay the fine.. if they have written the wrong code is the ticket still valid?

AnnMarie

[topcat1802]

I wouldn't argue too much, if your partner had no insurance then he was lucky not to have to walk home.

[Ammers1]

he did, they seized the van as well.. and he did have insurance, he had social domestic and commuting, which effectively he was.. but apparently he needed commercial..

[renegadeimp]

Was he transporting goods or using the vehicle for work? Commercial is normally for business vehicles, such as estate cars being couriers, or self employed etc. The other insurance is business use with is a tiny addition on your regular car insurance and rarely results in a higher premium.

[Ammers1]

he is a self employed roofer.. he had his ladders on the top but no materials or tools.. he was working on a day rate for another firm so was just driving to site and back again,. £300 fine and 6 points... I think its bit harsh really for a simple mistake on my part...

[2ltr16valve]

he is a self employed roofer.. he had his ladders on the top but no materials or tools.. he was working on a day rate for another firm so was just driving to site and back again,. £300 fine and 6 points... I think its bit harsh really for a simple mistake on my part...

 

To be honest. If he had solid proof he was just commuting and working on site that did not require the use of the van for any work duties then I would consider appealing to be honest. Only if you have solid proof mind ! If he's self employed then I would expect he would have paperwork to prove he was using the van for just commuting that day ?

This would also largely depend on what he said under caution too

[Ammers1]

well we have an email for the job stating he is on day rate and is not supplying materials etc.. not sure what he said under caution.. I think it was along the lines I'm on my way home from work" I have a friend who works for met police and she told me its not valid and its what they call "spoilt" but ive never heard of that before.. my cousin in a solicitor so gonna also ask him

[Kiki1]

Insurance companies effectively rule the roost and the road these days

 

If your partner (with his van) cannot prove his travel was a one off visit to an address not linked in any way to his trade, then you will be paying the fine sooner.

 

As above, he is lucky not to have had his vehicle seized when stopped by plod.

 

As for solicitors, pfffft.

[Ammers1]

As above he did have it seized... but anyway they still put the wrong offence code on the ticket...

[Aretnap]

An error on the FPN doesn't provide him with a getout. In essence the FPN is an offer not to prosecute him for driving without insurance in return for £300 and endorsement of his licence. He either accepts that offer, complete with errors, or he rejects it and lets them prosecute him. If he rejects it the FPN becomes a scrap of waste paper, and the court will be interested in whether he was insured, not in whether the officer wrote the write number on a piece of paper.

 

That said it's not unknown for the police to cancel an FPN and take no further action if an error is pointed out to them, but they don;t have to do it.

 

Really what he needs to do is speak to his insurance company, explain the circumstances of the journey, and ask whether they would have covered him for it. If they say yes, and he can get this in writing from them, then he has a defence. However generally commuting cover only applies to a single regular place of work or study. If he's working at a different site every day, or every few days, then he would generally need business insurance. And as a self-employed roofer he certainly needs it - even if this particular journey might somehow squeeze in under commuting, his regular work won't - the ladders on the roof, indeed the fact that it's a van rather than a car, are a bit of a giveaway that he uses it in his day to day business rather than just for getting to work.

 

If he speaks to a solicitor he should try to find one who works in motoring law . It's quite a specialised area - a general criminal solicitor will not usually know a great deal about it, and a family law or conveyancing solicitor will probably be hopeless.