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Prohibition Notice + points
root0
post Tue, 6 Mar 2018 - 13:12
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I was involved in a motorway car crash, in Scotland, Glasgow. In my eyes im not at fault and my insurance seem to be siding with me. I tried to run my car as far off the road as possible to reduce danger to other drivers. It was on a dual carriageway, i dumped the car into the left hand side grass verge, completely off the road. Not into the central res. Initially 2 cops showed up, I explained everything to them, told them I have my friend coming up with a recovery truck, should be a couple of hours as he was slightly south. about an hour later traffic cops show up, call me and tell me I need to come down and recover my car within half an hour, otherwise they will recover it and will cost me more, as its in a dangerous position (dont see how, completely off the road). Regardless, I arrive at the site with a recovery truck that those 2 traffic cops recommended I get, as it was the nearest company, and they say they are now going to seize my car, as its a highly modified track car (completely insured, with unlimited mods, taxed, and mot'd) and they want to inspect it to make sure its road legal. They then get the recovery truck guy to recover it to his impound lot which happens to be an approved one, for the police.

The following day they called me down and issued me a "Prohibition notice, Road traffic act 1988, form PG9", with 6 notice of defects. Along with the usual 2 white bits of paper stating they are giving me a Fixed penalty of 3 points and £100 fine for; "Namely Dangerous use of vehicle (see note a) Sub division LA Beat 19 Offence code 320.002" The accident happened 13/2/2018 1350hrs. They issued me those two documents the following day. Prohibiton Notice states it was issued on the 14/2/2018 at 1500hrs (they said their shift only starts at 1500hrs, thus they will only begin inspecting the car at 1500hrs). The FPN document states I committed the offense on the 13/2/2018 at 1600hrs (car already off the road in the side verge at this point).

Defects are as follows;

Parking brake does not operate on atleast 2 road wheels
Front anti roll bar system removed
Battery insecure
Front inner wings- large sections removed- structural integrity compromised
Driver + passenger door not operating correctly due to removal of parts
Vision obstructed due to large windscreen sticker

So firstly id like to state, Im a Marine Engineer by trade, With a HNC qualification in the subject, including naval architecture, statics and strength of materials and so on. I have welding qualifications and a number of years of experience. So I tend to know what Im talking about. As well as having checked up on laws regarding these subjects. Now I will run through why the cops are invalid;

I had the stock handbrake cables removed, and in place a hydraulic handbrake, which does have a mechanically operated locking mechanism on it, therefore legal. The cops clearly didn't know how to operate it, therefore defect. As a matter of fact they actually broke it while trying to operate it. Front ARB is removed, along with all mounting brackets such as drop-links. Its not there to test so legal, no dangerous parts hanging loose etc. Multiple new cars out the factory dont come with ARBs. Battery is in my boot, on a flat floor it does have play in it, however it is attached to the body via a tight neg. strap, and a bolt through some plastic webbing on the battery to the flat floor. MOT rules state "The battery must be so insecure such that it is unrestrained and likely to fall from its vertical position when the vehicle is in its presented condition (i.e. bonnet / access panels closed). " Its on a flat floor, in the boot, there is nowhere for it to fall. Car flips ? bolt will stop it from falling in such scenario. Front inner wings have been cut out for extra wheel clearance, MOT rules state "Deliberate modification which significantly reduces the original strength, excessive corrosion, severe distortion, a fracture or an inadequate repair of a load bearing member, its supporting structure or supporting paneling within 30cm of an actuating linkage mounting point" is a reason for rejection. Me being a qualified engineer, I can guarantee it does not significantly reduce strength, keyword being significantly. I have had other rally car MOT testers confirm this. My inner door handles are removed, and to open the door from the inside you have to pull the metal wire. Both outer door handle mechanism have snapped. Yes i admit to not having had these fixed. Im a busy man and simply hadn't had the time yet, not that its an excuse, but can you get point for it ? not sure. Last is the sun strip, Car is stripped out so no sun visors, the sun strip does not go lower than the stock sun visor, and the wiper arm does not come in contact with the sun strip sticker at any point.

I genuinely feel like im being discriminated against for driving a modified car. Its not like its some **** box corsa with a loud exhaust and busted bushes along with 4 bald tires. The cops are clearly being anal. I want to take this to court, but not sure what chances I have of winning. If I genuinely was in the wrong, I can admit it and take the points and fine. But Im certain Im correct. Just talked to Michael Lyon lawyer in Glasgow. Got advised id be best fighting this case myself as its very unique, and the lawyers dont know much on these aspects involved in my case, which I have no problem doing. They said I seem to know what im talking about so shouldn't have an issue with it. Other than I've already had a CU20, about 2 years ago, for having wheels protrude my front arches excessively. By law they are only allowed to protrude a max of 30mm, mines was under, but I just took the hit anyway. Apparently you can get banned for 6 months if you get 2 construction and use offense within 3 years, regardless of not having 12 points yet. Starting to get sick of this entirely.

Apologies for the long read, I just didn't want to leave any information out, as its quite an unusual situation, Comical and extremely trivial in my eyes. As if the cops have an ego fueled grudge against me. But anyway are any of those defects able to land me points, genuinely ? or are they full of **** ? Any advice from anyone whatsoever would be greatly appreciated.

Thanks in advance!



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