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Contesting / delaying a fixed penalty notice

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Fastorq | 19:05 Wed 11th Jun 2008 | Motoring
7 Answers
I got an FPN last thursday for momentarilly (10 seconds)entering the outside lane of the M4 at Hayes whilst towing a car trailer when looking for an off ramp that my sat nav was telling me was 450 yds away. Sat nav told me to move to the outsde lane but obviously doesnt know about the trailer.

The FPN has an error , ie the box asking passengers - yes/no has been ticked "no" athough there were two of us in the car.

Is this a valid reason to contest the FTN or can I ask for it to be corrected as I may be contesting the FTN in court.

I need to delay the appplication of points for 5 months until one of my other two endorsements comes off .
I know its still only 9 points but if poss I want to delay rather than have sods law kick in with a 4th endorsement.

Thanks
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Fastorq
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it does not matter how long you delay it,it still shows on your licence as the date the offence took place,and as for the small mistake,that will not invalidate it at all.
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Ive been told that if you ask for a court hearing they cant put any points on your licence until its been heard.
Also been told coult hearings for FPN motoring offences can take over 4/5 months to even get to summons stage at which point you can still plead guilty / not guilty ?
Norman is correct - it is the DATE of the offence that matters, not the date of the court hearing.

If the satnav wanted you to take the off ramp, why would it tell you to move to lane 3?
If you refuse a fixed penalty the prosecution has six months from the date of the alleged offence to bring the matter to court. If you are summonsed to appear you can plead not guilty if you wish, though from your description of events it seems unlikely to be a successful plea and you will probably be found guilty at trial. The documentary matter you mention will make no material difference to the outcome.

If the matter is dealt with in court sentencing guidelines suggest a fine of half a week�s net income, plus 3 penalty points. (Like all offences which carry an endorsement the magistrates can disqualify you for this offence alone, though this is most unlikely). The fine will be reduced by a third if you plead guilty. You will also be liable for a contribution towards prosecution costs (about �45 if you plead guilty, about �350 if the matter goes to trial). In addition you will have to pay a �15 Victim Surcharge.

As has been correctly pointed out, it is the date of the offences which count for �totting up� purposes. If the dates of the earliest and latest offences which led to you accumulating 12 points are within 3 years then you will face an automatic disqualification for a minimum of six months. You can plead that �exceptional hardship� will follow if you are so disqualified. This is not an easy argument to win.

In short, if you go to court and plead guilty it will cost you at lead a couple of hundred pounds. If you plead not guilty and are eventually convicted, it will cost you a lot more. Either way you will still get three points and so become eligible for a �totting� ban.
Does a satnav ever tell you which lane to be in on a motorway?
6 months from alleged offence to the start of court proceedings, laying information etc, you could therefore get a summons say 2 weeks after the 6 months from when the alleged offence took place. Your day in court could therefore be anywhen after 28 weeks

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