Using a motor vehicle in a condition likely to cause danger of injury

[helpmehelpmehelpme]

Hi, 

 

someone crashed into the back of my car. 

 

I was eventually provided a replacement hire car by the other drivers insurance, this was after I told them that the car is drivable, but I would be uncomfortable driving it at speed.

 

Then they said they will give me the replacement hire car. 

I had the car parked at my house and I was driving the replacement car.

 

I had to take the damaged car to the garage for an estimate for the insurance company.

Insurance wouldn't take it for me because I wanted to use my own garage instead of their one. 

Since I was going to work in the replacement car, I asked my mum to take the damaged car to the garage.

 

The police spotted her and followed her to the garage.

They told her to expect something in the post.

She then received a 3 point fixed penalty notice for "Use a motor vehicle in a condition likely to cause danger of injury" and £100 fine. 

 

I feel that its unfair because no one ever told us the car was unsuitable to drive, although we had avoided driving it anyway, but we did have to take it to the garage somehow.

 

we felt that it would be okay to drive from to the garage (5 miles away on B-road).

And to be fair no one was injured as we took it to the garage, i.e. no harm was done.

We left car with the garage to await authorization from insurer to begin repairs. 

garage dropped mum back off at home. 

 

I attach photos of the car. 

 

Furthermore the letter from the police has incorrectly recorded the car registration. 

 

Mum tried to explain that we were only dropping the car off to the garage. 

 

Should we appeal?

 

car damage.pdf

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

dx

[helpmehelpmehelpme]

 

 

pdf that shows that images of the car. 

(someone/something took my individuals jpg's down?)

[dx100uk]

i've put the PDF in post 1 now.

yes the org pics were removed as posting multiple large jpg files directly to a post causes slow download issues for user on limit bandwidth connections

[dx100uk]

difficult one

 

yes the rear of the car looks to have Sharpe bits that someone could injure themselves on yes, say if they walked behind the car.

[slick132]

Hi HelpMe,

 

Trouble is that you took responsibility yourself to take the car to your own garage and this was a mistake. If you allowed the 3rd party insurer to have the car assessed, they would have had the car towed or collected and taken full responsibility.

 

It seems harsh the police are taking action for a minor offence but you can defend if you want. The choice is yours.

 

The reg no. issue is probably not relevant.

[helpmehelpmehelpme]

Thanks for the replies guys. 

 

So I'm wondering, if we chose to appeal, what is the likelihood of getting the points waived? if we lose the appeal, then how much worse would it be than just accepting the fixed penalty notice?

 

 

 Many thanks

[Migster]

As I understand it, there is no appeals process in the same way as you have for a parking ticket. The FPN is an alternative to being prosecuted in court, so you either pay up or your mum goes to court and pleads not guilty. 

[helpmehelpmehelpme]

And if we plead not guilty, but judge says we are guilty, then it will be worse than accepting the 3 points and £100 fine?

 

I argue that it’s not dangerous because someone is less likely to walk up and scratch themselves on the sharp bit at back while the car is being driven I.e. moving vehicle , than if car was parked up at home and someone walked behind the car and scratched themselves against bumper. 
 

also it was being driven carefully and not at speed, on the way to get damage fixed?

 

 Wouldn’t a judge accept that all of this is reasonable?

[dx100uk]

what about queuing traffic at lights or turns.

 

[helpmehelpmehelpme]

 

Yeah, I guess we were actually very lucky to not kill or maim anyone on the way to the garage.

[Hammy1962]

I think you should appeal or refuse the FPN and then when\if it gets in front of a Judge or Magistrate you can be as flippant and sarcastic as you want.

 

That would help your case no end.

 

H 

[dx100uk]

  we agree on something ...dx