Paul TigerB6
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posted on 1/8/07 at 07:10 PM |
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No MOT Prosecution
Hi all,
I need some advice regarding an impending prosecution which i think is totally wrong.
I have had my car (not the kit) on a SORN declaration for a couple of months while i completed a load of work on it. The tax expired during this
period. I took the car for an MOT at a testing station local to work and left it with them to test while i was in work for the afternoon.
The car failed the test and so i drove it straight home after work (test 1:45pm, work ended 5pm) by the shortest route. Well the cops spotted the out
of date tax just around the corner from my house and turned up 10 mins later. I showed them the MOT failure slip when asked and confirmed the car was
on a SORN. They gave me 7-days to produce an MOT certificate (along with my licence) at this point which i was not happy with obviously. Due to
damage to the face of the hub carrier, the local garage were unable to press in a new wheel bearing and so i wasnt able to pass the MOT within 7 days
and so couldnt produce an MOT certificate.
I am now being prosecuted for not having a valid MOT certificate!!!! Its has been adjourned for a couple of weeks so i have this time to defend what i
think is a totally wrong prosecution - since when has there been a time limit forcing a car on a SORN to pass its MOT - even if it has been taken to a
test???
What do you think guys???
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jollygreengiant
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posted on 1/8/07 at 07:13 PM |
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Personally, See a good Lawyer.
Beware of the Goldfish in the tulip mines. The ONLY defence against them is smoking peanut butter sandwiches.
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Rek
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posted on 1/8/07 at 07:22 PM |
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Provided you are insured you may drive to a pre booked MOT and upon failure take the car to a place of repair. the failure sheet doesnt state that it
has to be a garage if you repair the vehicle yourself.
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Paul TigerB6
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posted on 1/8/07 at 07:24 PM |
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I would but they charge more than the fine and i lost my job last week so just dont have the money!!! Normal penalty is £100 fine and no penalty
points.
Dont see why i should pay a penny as even an Inspector at Cheshire Police thinks I should never have been reported for it in the first place!! Will
call him back tomorrow about this and see if they can help but think they may say its in the hands of the prosecutors - not sure??
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JoelP
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posted on 1/8/07 at 07:24 PM |
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i got caught with no mot once and they didnt procecute. Id've thought they would be more annoyed by driving a sorn'd car on the road than
by failing an MOT.
Whats the maximum penalty for driving with no MOT? Id expect it to be less than the cost of a lawyer tbh.
Id turn up well dressed and present my best polite argument, see what happens.
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bigrich
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posted on 1/8/07 at 07:25 PM |
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i think the problem may lie in that the place of repair must also be a pre arranged appointment
see linky
http://www.askthe.police.uk/content/Q360.htm
think its a bit petty though in my opinion but i'm not the law
A pint for the gent and a white wine/fruit based drink for the lady. Those are the rules
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iank
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posted on 1/8/07 at 07:27 PM |
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quote: Originally posted by JoelP
i got caught with no mot once and they didnt procecute. Id've thought they would be more annoyed by driving a sorn'd car on the road than
by failing an MOT.
...
You must be able to drive a SORN car to/from an MOT, you can't re-tax it without one.
--
Never argue with an idiot. They drag you down to their level, then beat you with experience.
Anonymous
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phoenix70
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posted on 1/8/07 at 07:31 PM |
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quote: Originally posted by bigrich
i think the problem may lie in that the place of repair must also be a pre arranged appointment
see linky
http://www.askthe.police.uk/content/Q360.htm
think its a bit petty though in my opinion but i'm not the law
I'm sure he had pre-arranged with himself to bring the car home to repair it
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Paul TigerB6
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posted on 1/8/07 at 07:42 PM |
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Yep - was repairing the car at home as it was a new front wheel bearing and not a quick job. I was therefore driving directly home as allowed.
DVLA are happy with the no tax and as i proved the MOT test via failure sheet and letter confirming appointment but the problem lies with not
producing the MOT to the police within 7 days. They then pressed ahead with reporting me!!
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bigrich
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posted on 1/8/07 at 07:50 PM |
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what about the 10 working days your allowed for presentation for a retest,was the mot station able to offer you a retest slot in the 7 days you were
given to get an MOT cert was there a parts availability problem. just looking for a get out option. i do think you've been hard done too
A pint for the gent and a white wine/fruit based drink for the lady. Those are the rules
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Paul TigerB6
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posted on 1/8/07 at 08:06 PM |
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There was a damaged front strut problem meaning the bearing couldnt be pressed back in so i had to get a whole new front strut via ebay.
14 days for a retest at £20 - OTHERWISE a full retest fee is applicable. Nothing about 7 days compulsion or even 14 days for that matter. As far as
i'm concerned the car stays SORN until the day it is taxed which automatically ends the SORN. Therefore no compulsion to need an MOT for the car
- so surely no case to answer??
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robinj66
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posted on 1/8/07 at 08:19 PM |
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Firstly you need to be clear what charge you are facing - Failing to produce an MOT or driving without an MOT?
Your defence to first is clear - there is no MOT and you do not require one whilst the vehicle remains SORN. You have the fail sheet in any case.
Your defence to the second is similar - no need for an MOT whilst the car remains SORN but you are entitled to drive to/from a pre-booked MOT (which
of course you need to obtain a VEL).
You need to demonstrate to the court that your MOT was local and that you used a reasonably direct route.
If court proceedings have commenced, then you should apply (IN WRITING) to the prosecution for copies of all statements/evidence they intend to rely
upon including any notebook entries (especially where they have been signed by). I these are not forthcoming, then repeat the request every 3-4 weeks.
MAKE SURE YOU KEEP COPIES OF ALL CORRESPONDENCE.
You should also have the HORT/2 for producing your licence (and presumably Insurance) at the police Station
It's impossible to cover everything here, but that will do for starters.
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Catpuss
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posted on 1/8/07 at 08:45 PM |
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Also check if any local lawyers give £10 or so 15 min surgeries.
We did that with an incident SWMBO went through. It really helped telling her what to expect and giving her advice.
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grub
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posted on 1/8/07 at 08:48 PM |
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i think you should ask robinj66 to be your lawyer job sorted
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TangoMan
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posted on 1/8/07 at 08:58 PM |
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As I see it you have not commited a crime. If they intend to prosecute they must
1) Detail the allegation
2) Disclose all evidence beforehand
You are innocent until proven guilty beyond reasonable doubt so unless they can prove you have committed a crime then you have nothing to worry
about.
I am not aware of any timescale following MOT failure for repairs to be carried out. If no timescale is dictated in law then both driving without and
failure to produce will be defended by the allowance to drive to/from a prebooked MOT.
If you follow the link below it gives the law in all its glory (or not). Technically you have committed an offence as the law does not make reference
to any such provision to drive to/from. However I think this is common knowledge and as accepted practice. Sites such as MOTUK make reference to this
so a defence should not be hard to build.
I would personally fight it because a have no time for small-minded petty policing. I would rather have the fight and lose than lie down and accept
it.
See here!!!
Summer's here!!!!
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davie h
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posted on 1/8/07 at 09:22 PM |
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paul
this is a mistake on the police officers part and should not have gone this far. i dont know about english law but can tell you that in scotland you
are excempt from needing a mot if you are taking the car to and from your home to a pre-booked appointment at a mot station close by and a direct
route(must be direct and not via the shops etc) and to a specalist repairer if thst is required same again must be the most direct route. the officer
should not have issued a HORT/1 form as you would not have been able to produce the certifacate.
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Avoneer
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posted on 1/8/07 at 09:22 PM |
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If you've lost your job, you'll get free legal aid at a Mags court.
Speak to a sol - most will do 30min for free.
What exactly is the charge on the summons?
Pat...
No trees were killed in the sending of this message.
However a large number of electrons were terribly inconvenienced.
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ReMan
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posted on 1/8/07 at 10:03 PM |
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Ridiculous.
What this is saying is a car that fails an MOT, ***MUST*** pass an MOT within 7 days!
What if it failed on something major - bent chassis that would be physically impossible to rectify in 7 days, or you decided a repair was not
economical, you still hgave to MOT it before you scrap it
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Avoneer
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posted on 1/8/07 at 10:33 PM |
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That's why I want to hear exactly what is on the summons.
I deal with a lot of foncused people at our counter pleading to all sorts of things they haven't done like not having a driving licence when
they have.
Pat...
No trees were killed in the sending of this message.
However a large number of electrons were terribly inconvenienced.
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craig1410
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posted on 6/8/07 at 10:43 PM |
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Just wanted to add my voice to the supporters. I got done for running a red light years (like 15 years) ago and it still bugs me to this day that I
didn't go to court and tell the truth which was that the light was amber when I went through and couldn't stop safely etc etc.
I did nothing wrong but the plods coming the other way assumed that because they had a green light then I must have run a red one. It was road works
and I'm sure many of you will have seen badly timed road work lights before.
As said elsewhere, if you think you are right then stand up for yourself. However, if you think you are wrong then it's probably best to take an
early exit.
Cheers,
Craig.
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