lord dave
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posted on 9/7/04 at 11:05 AM |
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fixed penalty notice
I was driving to my uncles house yesterday. where I keep my project car I was about 30 secs away from his road when i was pulled over by the police. I
had noticed them behind me some time ago but thought nothing of it, I get pulled alot being 19 driving a mk2 fiesta with a huge dent in the door seems
to be reasonable grounds for what ever they want these days specialy if i have my mates with me.
so I step out of the car andstand by the road talking to the first pc I am very polite and aswer all his questions properly. Then the other pc decides
to with out warning reach into my car and pop the bonnet, so I asked what he was doing and the pc talking to me said "he is just having a look
around." So i said " should he not have told me first" and he replied "he has probably assumed i am telling you now but maybe
he should of. "
so any way 10mins later I have in my hand a fixed penalty notice for £60 and 3 points and a pg9 (do not drive car on road unless to prebooked mot
test) prohibition notice. aparrently my rear wheel bearings are excessivly warn and could fail at any time the bushes on my anti roll bar are also
excessivley warn and with out being given any warning i have to pay £60 to have it towed 30secs away.
can they really do this it says i can have it delt with by a court they didnt give me a chance to put it right. I mean how often should i have to
check these things I always keep my mot up to date. any suggestions of what might be done greatly apretiated. Its not really the money its the points
that gets me if a have them ive only got 3 left because I havent had my licence for 2 years yet please help!
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ned
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posted on 9/7/04 at 11:26 AM |
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I would argue it. Since when did all police officers take mechanics training to identify your rear wheel bearings?
Should you not have been given a 7 day wonder or they escorted your car to an MOT testing station if htey felt it was suspicious?
I'd be well pissed and be putting in formal complaints. As for £60 to tow the vehicle, I'd have pushed it and told them where to go! They
only said it wasn't drivable! If it is taxed it is entitled to be left parked is it not?
Ned.
[Edited on 9/7/04 by ned]
beware, I've got yellow skin
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James
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posted on 9/7/04 at 11:36 AM |
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Sounds a bit dubious to me.
How can they check wheel bearings without jacking the car up anyway?
If you can appeal then I would consider it. Some 2nd hand (so they look old) replacement rollbar bushes first may not be a bad idea!
James
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Hellfire
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posted on 9/7/04 at 11:37 AM |
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Like Ned said really. Besides, how the f**k does he know your rear wheel bearings are worn?.
You weren't pulled over on the motorway by any chance were you?
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timf
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posted on 9/7/04 at 11:39 AM |
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http://www.pistonheads.com/gassing/topic.asp?t=110767&f=10&h=0
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Peteff
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posted on 9/7/04 at 12:05 PM |
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Does it have a current MOT?
Unless the wheels were actually wobbling he wouldn't know the bearings were shot. Try just tightening the hub nut and see if it cures it then
get it looked at. Are you familiar with the MOT tester? Get him to write you a stamped letter saying the bearings are passable if you decide to go to
court. Do you have a legal representation clause in your insurance? A good solicitor might get you off but will cost you a lot more than the fine.
Get the door fixed so you don't stick out like a sore thumb
[Edited on 9/7/04 by Peteff]
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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David Jenkins
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posted on 9/7/04 at 12:28 PM |
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Just a thought - did he stop you because he could see your rear wheels wobbling?
Might be worth jacking the back of the car up and waggling the wheels energetically.
David
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Hellfire
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posted on 9/7/04 at 06:05 PM |
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IIRC the only MK2 Fiesta with an antiroll bar was the XR2 - wide tyres and track they must have had issues with the wheel bearings anyway.
IMHO take the medicine as falling out with the law will only make situations worse. Sad, but true! There was an article about a guy who ran off with a
coppers wife and the force really laid into him... with many very minor offences (57 IIRC) in one year. It went to court and all his convictions were
dropped due to the police victimisation.
This sort of thing however does nothing for Police PR... I could go on... but I won't just in case police are reading this!
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Mark Allanson
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posted on 9/7/04 at 07:29 PM |
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Law and justice are at opposite ends of the square in this country, applies to most things, not just motoring
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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spunky
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posted on 10/7/04 at 09:48 AM |
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IMHO appeal....
I the car has a current MOT I'm almost certain you should be given a vehicle defect rectification (VDR) notice. This gives you seven days to get
the problems sorted and checked at an MOT station.
Exceptions are bald tyres, which are fixed penalty. (was the tyre on the alleged worn bearing OK?)
John
The reckless man may not live as long......
But the cautious man does not live at all.....
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lord dave
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posted on 10/7/04 at 01:45 PM |
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tyre
all tyres are about 100 miles old max ive booked in for an mot on monday and if it passes or they dont mention the bearings or bushes there is no way
im paying or having those points.
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albertz
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posted on 10/7/04 at 08:10 PM |
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It sounds to me like you are being discriminated against because of your age and car.
If it happened to me i would definetly appeal against it, but as already mentioned maybe the Police aren't the best people to p*ss off!
As i see it there are three outcomes to this, neither of which are very good;
1) You pay the fine and accept it.
2) You appeal, win, get the fine/points dropped, p*ss off the Police and beome the source of amusement for the PCs, who have nothing better to do than
constantly pull you over etc etc.
3) You appeal, lose, pay the fine, accept the points and beome the source of amusement for the PCs, who have nothing better to do than constantly pull
you over etc etc.
I sympathise with you completely, it is so sh*t when it happens.
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JoelP
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posted on 10/7/04 at 09:14 PM |
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quote: Originally posted by albertz
2) You appeal, win, get the fine/points dropped, p*ss off the Police and beome the source of amusement for the PCs, who have nothing better to do than
constantly pull you over etc etc.
i strongly suspect the police will do no such thing - certainly the majority ARE professional and are keen to uphold the spirit of the law. If you do
find regular pulls happening, just get a new car in. Maybe thats a good idea anyway if it looks so bad...
i wouldnt dream of paying the fine. I got a speeding ticket last week and dont intend to accept it, i moved house and i cant see them finding me. if
they do i have a waterproof blag lined up.
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andyps
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posted on 10/7/04 at 09:20 PM |
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I can see the problem with the MOT test pass being that the court then have to believe you that nothing was changed between "the pull" and
the test. If it does pass OK it would be worth paying the tester to certify that the parts he inspected had not recently been replaced.
Good luck as it does sound like the punishment is too harsh to me.
Andy
An expert is someone who knows more and more about less and less
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lord dave
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posted on 10/7/04 at 10:54 PM |
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support
you have all been very helpful I love this forum but some have said get the door fixed or buy a new car the point is I shouldn't have to I
should not be discrimated against because I cant aford a new car. I have kept my car legal from the day i bought it and I have a full licence passed
first time never been pulled for anything other than being young and driving with my mates. what more can I do. the law and what is just really are
not the same thing but we will see when i go to court which I will.
And by the way have seen the vehicle inspecter that pulled me with 2 other officers in 2 other completely different places 1 day after the other is
this a new breed of super scrutineer police. God help us all.
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theconrodkid
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posted on 11/7/04 at 06:03 AM |
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unfortanatley its easier to give you a tug than to catch real criminals,its just to keep the numbers up
who cares who wins
pass the pork pies
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JoelP
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posted on 11/7/04 at 07:26 AM |
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quote: Originally posted by theconrodkid
unfortanatley its easier to give you a tug than to catch real criminals,its just to keep the numbers up
and to balance out the excess of asians they pull - gotta even it out! wouldnt want to appear bias now, would they?!
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theconrodkid
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posted on 11/7/04 at 07:31 AM |
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your not allowed to say that you know
who cares who wins
pass the pork pies
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Peteff
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posted on 11/7/04 at 11:02 PM |
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In the words of Barrymore
All white then. Not being racially biased I find this hard to understand Joel. Please explain.
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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craig1410
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posted on 11/7/04 at 11:45 PM |
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Hi,
I was wrongly convicted of running a Red traffic light about 10 years ago when hand-on-heart it was merely on Amber and it changed just before I went
through. I never saw even a glimpse of red and I was travelling at a safe and legal speed as I drove through it. The light were temporary for some
road works just outside a 30MPH limit of a town.
Anyway, the cops were in an unmarked Cossie sitting facing the opposite way and just because their light changed to green before I had cleared the
contraflow they assumed that I had jumped the lights and gave chase. I assumed that they were after me for speeding but at about 34MPH indicated I
thought this was harsh. When they said it was for jumping a red light I was somewhat confused but as this was my first encounter with the mobile plods
I was a bit dumbstruck and in what seemed like a flash I had a fixed penalty notice in my hand...
I got to work and all my (expert) mates told me what I "should have done" so on the way home I took one of them to the roadworks to
witness what must have been incorrect timing only to find that the lights had been removed and the roadworks were complete!!
Anyway, my point is that you will probably regret not pursuing this for years to come if you don't stand up for what is right. However it is a
gamble and you may not win. If I were you I would certainly seek legal advice at the earliest opportunity and get an idea of what sort of odds the
gamble involves.
Good luck!
Craig.
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theconrodkid
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posted on 12/7/04 at 06:17 AM |
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agree with craig,dont roll over and admit defeat,fight it.
the courts would be so full of speeding/parking ticket cases from people that KNOW they are being scammed the powers that be will probly relent.
i have had loads of parking tickets,i fought every one and have never paid one and have never made court tho it was close on 1 ocation
who cares who wins
pass the pork pies
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tony9876
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posted on 12/7/04 at 09:23 AM |
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I have fought 2 speeding fixed penalty notices with the help of www.ukspeedtraps.co.uk and won.I even had an apology of North Wales police for
harassment for one of them.
I know this is different but the courts do take a dim view of demanding money with menaces i.e pay up now or face a bigger fine when you go to court.
As long as you are well presented polite and state your case the worst that will probably happen is they will uphold the fine.If you do go to court
the officer that gave you the tickets will have to turn up as well which will wee him off.I am a strong believer in human rights and this is a
blatant disregard for them.
When i had my day in court i explained that the car in the picture must of been a cloned vehicle because my car was at home that day, the camera
operator stated that anyone could say that and i had to prove it wasnt my car. I then pointed out that according to british law i was innocent until
proven guilty so it was up to them to prove it was my car not the other way round.He then said he couldnt possibly identify it was my car from a
picture.Case closed
The next ticket i got never even got to court before it was dropped. The way i see it if everyone took there given right to got to court the system
would collapse,i would be against this because i do believe in the law and think in some cases drivers should be banned etc but i dont agree with
money making tax cameras.
Rant over.
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Nick Davison
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posted on 14/7/04 at 10:16 AM |
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Have you tried the Citizens Advice they may be able to advise you on the leagal proceedings etc. And it shouldn't cost.
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Danozeman
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posted on 14/7/04 at 08:01 PM |
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How bad actually are the bearings. If you read the testers manual then the rear bearings can be pretty bad without failing an mot!! Worn bushes
have to be pretty bad to fail too. Usually an advisory. Id fight it mate. Especially if u recklon youl get pulled regularly..
Dan
Built the purple peril!! Let the modifications begin!!
http://www.eastangliankitcars.co.uk
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JoelP
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posted on 16/7/04 at 07:28 PM |
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quote: Originally posted by Peteff
All white then. Not being racially biased I find this hard to understand Joel. Please explain.
recent figures show that more asians get pulled, and that the percentage is increasing. hence my comment that they will try to pull more white people
to even up the balance, to avoid appearing biased/racially discriminatory. ca va?!
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