Quizzes & Puzzles0 min ago
Contesting / delaying a fixed penalty notice
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
Regds
Fastorq
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
Regds
Fastorq
Answers
Best Answer
No best answer has yet been selected by Fastorq. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.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.
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.
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