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Taken to court for defective type when parked - Case Dropped at Court


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Cops came round my house last week and looked around my car parked outside. They asked when I'd last driven it & I told them I had done the day before. They spotted a chunk of material missing from a tyre and booked me for it, meaning I either have to pay & take points or take my chances in court. Thinking it through afterwards I'm inclined to go to court: how can they prove the tyre was like that when the car had last been driven? I never spotted it like that. Who knows, some ne'er-do-well could've come round in the night and sliced it with a knife. No way can they say it'd been driven on the road like that - can they?

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TBH I would have thought they would have to caught you driving the car so they could eliminate any doubt: the damage could have happened any time, I mean kids may have damaged the tyre. crazy world !!:mad2:

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I would be inclined to go to court as well. After all, you check lights, brake lights, tyres oil and water every time you go out just like all good motorist do.

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The cops just came to your house out of the blue for this?

No other reason? Just a spot check and bam, you have 3 points and a fine?

What's the offence code on the ticket?

If its as you say, then no, they can't do you for driving on a defective tyre unless they have caught you driving on it. Or possibly stopped you, warned you to get it fixed and let you go, and some time later, seen driving it and they came to check you had got it fixed?

It sounds like, but I'm not saying there is, something missing.

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It sounds like, but I'm not saying there is, something missing.

What may be missed is that the car was (by the sounds of it) on a public road with a defective tyre.

I may be wrong but that is probably an offence on its own, irrespective if the car was being driven or not.

 

If it cannot be determined if the last Driver (the OP the day before) used it in that condition would not the RK (presumably also the OP) be liable?

 

But I agree GTSTL, of all the cars 'parked outside' why would they take the time to look closely at this one?

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The only thing I can see is CU30: Caught USING a motor vehicle with a defective tyre.

It cant be that as the car was parked up. It would be laughed out of court.

USING is broader than driving. In fact it has been interpreted very broadly by the courts - to mean "have use of". People have been convicted of USING a car without insurance or MOT in spite of the fact that the car was parked up, totally immobile and incapable of being driven. (Elliot v Grey, Pumbien v Vines). Whether the same principle would be applies to a dodgy tyre I don't know, but it's certainly plausible that it might.

 

That said there is a provision in the Road Traffic Offenders Act which would protect you if someone slashed the tyre while you were in bed and you had no knowledge of it

 

http://www.legislation.gov.uk/ukpga/1988/53/section/48

Where a person is convicted of an offence under section 41A of the Road Traffic Act 1988 (breach of requirement as to brakes, steering-gear or tyres) the court must not—

(a)order him to be disqualified, or

(b)order any particulars or penalty points to be endorsed on the counterpart of any licence held by him,

if he proves that he did not know, and had no reasonable cause to suspect, that the facts of the case were such that the offence would be committed.

 

Though the onus would be on you to persuade the court that this was how it had happened.

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does seem odd. and op hasnt been back from first post.

usually re a first re just a tyre they'll do a defect notice. but then that is usually whilst driving. did you have one of those prior, and they've come back to check?

IMO

:-):rant:

 

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Ok folks there is something missing which is that the car was a bit run-down with the bumper loose and probably enough so to attract their attention. I'm not at home right now so don't have the offence code to refer to. But they actually gave me 2 tickets: one for the tyre (which definitely they just spotted while wnadering around the car) and the other for the loose bumper. The bumper one isn't endorsable and I'm willing to stump up for it, but determined to dig my heels in over the tyre ticket.

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  • 7 months later...

Thanks for letting us know what the result was.

 

Feel free to add any details that may help other people.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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