Police motor penalty ( use a motor vehicle in a condition likely to cause danger of injury

[Motocross12345]

Got stopped by 4 traffic police cars (that were on a roundabout)

they checked insurance and driving license which was all good !

 

Then started looking around the car and said 3 tyres were rubbing as the car is lowered but not excessive (can send pictures on request)

 

They told me they didn't know if it was legal or not so they took pictures to send away to be examined. they also threatened to take my car away from me but in the end they let me drive away.

 

also the accident happened on 27th of june and I received the letter on 12 of july. does it matter that they sent the letter out later than the 14 day period ?

 

thanks

Edited July 29, 2018 by dx100uk
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[sgtbush]

What 14 day period?

[Motocross12345]

I read online that they have to send a letter out within 14 days otherwise they're not doing their job properly and its the law or something.

[DragonFly1967]

confused.com

 

Penalty?

Accident?

14 days?

 

So many questions

[sgtbush]

Section 127 Magistrates' Court Act 1980 states that for all summary offences the information must be laid within six calendar months of the commission of the offence, except where any other Act expressly provides otherwise.

[Motocross12345]

Fixed Penalty on the letter

No accident just a random stop by police

14 day period - read online that they have to send out a letter in 14days otherwise there not doing the job properly and its the law or something

[clemma]

As long as they verbally told you about the NIP when you were stopped, then the 14 days means nothing. If they said something along the lines of "you will be reported for consideration of the question of prosecuting you" or similar, that's all they need do.

 

As they took photographs to verify I'm going to assume this was to add to the consideration to prosecute.

 

I may be wrong, of course. But a verbal NIP is all that is needed.

[honeybee13]

Hi.

 

Could you tell us what the letter says verbatim please?

 

HB

[Motocross12345]

Said they were sending photos off to see what the outcome would be.S

they didn't actually say you will be reported for consideration of a motor vehicle in a condition likely to cause danger of injury.

 

when I asked am I getting done they said they didn't know its not upto them.

but they did read me my rights when speaking to me

[Aretnap]

A NIP is only required for certain, specified offences. (They are offences to which Section 1 of the Road Traffic Offenders Act applies - listed here) Use of a vehicle in a dangerous condition is not one of those offences. So no NIP is required at all - verbal or written, at the time of the offence or 14 days later. The whole question of NIPs or 14 day timelines simply doesn't arise.

 

The only relevant deadline is that in order to prosecute the OP for the offence they have to initiate court proceedings within 6 months, ie by late December.

Edited July 29, 2018 by dx100uk
Quote

[Motocross12345]

IT SAYS

 

We have evidence that you were the driver of a vehicle REG MAKE OF CAR on DATE at the time 10.00 for the alleged offence :

Use a motor vehicle/ trailer in a condition likely to cause danger of Injury at THE PLACE I WAS STOPPED AT

[Motocross12345]

So I understand the 14day period is useless

 

Is there anything I can do with the actually penalty or is it (it is what it is and my own fault)

 

They let me drive away so could that be used for anything ?

 

Just confused at the moment sorry

[dx100uk]

Hope its marked on your insurance its modified

[Motocross12345]

Hope its marked on your insurance its modified

 

 

Yes was marked of mods but no longer have insurance on the car as took it off the road the same day to let the dust settle

 

so what I really want to know is where do I stand with this penalty ?

 

Is there anything I can do with the actually penalty or is it (it is what it is and my own fault)

 

They let me drive away so could that be used for anything ?

[Man in the middle]

You need to tell us what has actually happened.

 

What is the letter you speak of?

What does it tell you?

Does it make an offer of a Fixed Penalty?

Does it say the matter is still under consideration?

Does it say that court action is being taken?

 

Just what options does it give you.

All you have mentioned at present is a letter and "an actual penalty".

What actual penalty?

Edited July 29, 2018 by dx100uk
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[sgtbush]

Something's not quite right here.

You mention 4 police cars on a roundabout.

I take it it was an operation.

 

You mentioned lowered suspension and tyres rubbing,

then after an accident,

then no accident,

then insurance are aware of modifications but its not insured now " to let the dust settle" ????

 

You were informed at the roadside.

The police took pictures.

Put the pictures onto this thread.

 

They have 6 months to inform you.

I think with a lot of smoke and mist in your story so far I think you should pay the fine n take the points.

 

Unless your going to exactly tell what happened and put the pictures up

Edited July 29, 2018 by dx100uk
Spacing

[Motocross12345]

You need to tell us what has actually happened.

 

What is the letter you speak of? What does it tell you? Does it make an offer of a Fixed Penalty? Does it say the matter is still under consideration? Does it say that court action is being taken?

 

Just what options does it give you. All you have mentioned at present is a letter and "an actual penalty". What actual penalty?

 

WHAT HAPPENED -

Got stopped by 4 traffic police cars random check as they were all on the roundabout (no I wasn't speeding or driving silly)

they checked insurance and driving license which was all good !

 

Then started looking around the car and said 3 tyres were rubbing as the car is lowered but not excessive

 

They told me they didn't know if it was legal or not so they took pictures to send away to be examined. they also threatened to take my car away from me but in the end they let me drive away.

 

That's what basically happened just waiting around most of the time while they checked things

 

LETTER SAYS

 

We have evidence that you were the driver of a vehicle (REG MAKE OF CAR) on (DATE) at the time 10.00 for the alleged offence :

Use a motor vehicle/ trailer in a condition likely to cause danger of Injury at (THE PLACE I WAS STOPPED AT)

 

 

If you wish to contest this allegation in court you may do so in writing to the traffic process unit at the address above.

 

If you do don't wish to do so then it may be possible to deal with the matter by fixed penalty of £100 and the endorsement of 3 penalty points on your license without the need for court proceedings.

 

 

YOU HAVE 28 DAYS FROM THE DATE OF THIS NOTICE TO TAKE UP THE CONDITIONAL OFFER

 

 

If you wish to accept the conditional offer please complete the details on the slip below and follow the relevant instructions for driving license and payment.

[dx100uk]

Lowered but not excessive??

 

The tyre were rubbing!!

[Man in the middle]

Simple then.

 

You can either accept the offer of a fixed penalty or opt for court action.

 

If you go to court and plead guilty it is absolutely pointless.

Assuming this its in England or Wales you will face an income related fine (reduced by a third for your guilty plea),

a surcharge of 10% of the fine (minimum £30),

£85 costs and three points.

This will amount to considerably more than £100.

 

If you plead Not Guilty you will face a trial where the prosecution will produce evidence to show you committed the offence.

You will have your opportunity to provide evidence to show that you are not guilty.

 

The cost of failure is high: you will face the same fine (but with no reduction), the same surcharge (obviously higher because the fine will be higher) but costs of at least £300 and possibly up to £620 - and the same three points.

 

The choice is yours.

Edited July 29, 2018 by dx100uk
spacing

[Motocross12345]

How do I upload an image ? im trying to upload so everyone can see the tyres .

When I try to insert an image its asking for a url but the pictures are on my pc

[DragonFly1967]

Click on the word upload and read the guide

[Motocross12345]

 

There they are hope they help you lot and can give me an idea on what to do !

 

Thankyou for all your help

[sgtbush]

Yea take the fpn.

 

Your tyres are rubbing on the inside of your wheel wells. They haven't been modified so you can turn full lock to full lock when car is at maximum weight.

I also suspect that you have not modified your exhaust system so I does not ground and more than likely your suspension coils are "cut" to lower suspension rather than shorter stiffer ones fitted.

 

You have so many cuts and grooves in the sidewall of your tyres its a wonder you have not had a blow out. Picture 2 shows this.

[Man in the middle]

It seems clear from your photographs that the bodywork of the car is fouling the tyres. An obvious danger.

 

What have you decided to do from the three choices I gave you at 17:54?

[DragonFly1967]

Well. From the VOSA Categorisation of Defects handbook. Part 2 (which covers passenger cars), Section 9 (Bodywork).

 

Insufficient clearance between wing and tyre. Wing rubbing or likely to rub on tyre, particularly when laden, and thereby cause damage to the tyre or a danger of injury.

 

Based on your second picture, you're going to have a hell of a job arguing that point if you chose to take this to court.

 

My advice: Take the offer of an eFPN, the £100 and 3 points will be much cheaper than what will happen when (not if) you're found guilty in court.

 

Oh, and sort your suspension out so that the tyres don't rub on the wings