PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Appealing points & fine after police stop?
Penf0ld
post Sun, 21 Apr 2019 - 20:53
Post #1


Member


Group: Members
Posts: 18
Joined: 21 Apr 2019
Member No.: 103,512



Just looking to see if i can appeal the points & fine i received on Friday night or whether i can't do anything about it & can only change any future possibilities.

Basically i had 2 cars, one of which i sold Thursday night. I immediately switched my insurance over to my second car, declared the sold car SORN and taxed the second car.

Friday night i go out & am stopped by the police as i'm showing as no insurance or tax. I contact my brother who forwards me shots of the insurance document & tax purchase. I'll not get too in to it but the driver cop was being a bit of an arse over the tax, threw my phone back at me & didn't seem too impressed when my insurance checked out.

They conducted an alcohol & drugs swab which i passed but then when i was asked to produce my licence apparently there's a code on there that says i need glasses in order to drive. I wasn't wearing them so they hit me with £100 & 3 points. Letter will come through the post and i can go to court if i wish apparently.

Now i don't know how it got on my licence that i need glasses as i don't believe i do. Obviously i must've ticked a box at some point but i don't remember it. I wear glasses for things like being on the computer at night but i don't need them for driving. I can see perfectly fine, have passed the eyesight tests they do (can you read that number plate over there). I carried out my HGV lessons & test without glasses and passed. I carried out my motorbike lessons & test and passed all without glasses.

So Saturday i go to the opticians for a test & the result is not only that i don't need glasses for driving but that i don't need glasses at all. I have the results card to say this.


Now i can understand, as frustrating as it'll be, if i can't do a damn thing about it because "at the time..." my licence said that i needed glasses. I'm just here to see if because of the opticians test i had yesterday & the result of that, can i appeal this 3 points and fine as i don't actually need glasses to drive?


If it matters then in column 12 on the reverse of my licence, it states "01" for pretty much everything.

If any more info is required then just ask.
Go to the top of the page
 
+Quote Post
3 Pages V   1 2 3 >  
Start new topic
Replies (1 - 19)
Advertisement
post Sun, 21 Apr 2019 - 20:53
Post #


Advertise here!









Go to the top of the page
 
Quote Post
The Rookie
post Sun, 21 Apr 2019 - 21:20
Post #2


Member


Group: Members
Posts: 42,173
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



This used to be a common mistake by cops but we’ve not had any on here for a while.

The annotation on your licence is for information only, it doesn’t mean you have to be wearing glasses, if the officers thought you needed to they should have required you to do a vision test.

If the notice is by post and you haven’t surrendered your licence you don’t have to do anything right now.

That said if you want to avoid going to court you could point out their error and sand a copy of your eye test report.

You can’t ‘appeal an offer of a fixed penalty, theirs is no result yet to appeal against!


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
NewJudge
post Sun, 21 Apr 2019 - 21:21
Post #3


Member


Group: Members
Posts: 2,026
Joined: 29 Oct 2008
Member No.: 23,623



The three points have not been added to your licence yet and they won't be until you accept the fixed penalty offer that you will receive in the post by sending in your licence together with £100. So you decline the fixed penalty offer and opt for a court appearance instead.

There you plead Not Guilty to the offence on the basis you describe. You can elaborate a bit on the point your friend described on another forum, where he suspected that your boss was involved and that he had either filled out a form suggesting you need glasses or made you tick a box saying that you do. You're probably in a better position to explain that to the court than anybody on here is.
Go to the top of the page
 
+Quote Post
Penf0ld
post Sun, 21 Apr 2019 - 21:37
Post #4


Member


Group: Members
Posts: 18
Joined: 21 Apr 2019
Member No.: 103,512



QUOTE (The Rookie @ Sun, 21 Apr 2019 - 22:20) *
The annotation on your licence is for information only, it doesn’t mean you have to be wearing glasses, if the officers thought you needed to they should have required you to do a vision test.
I wasn't asked to complete any vision test at that point.

QUOTE
If the notice is by post and you haven’t surrendered your licence you don’t have to do anything right now.

That said if you want to avoid going to court you could point out their error and sand a copy of your eye test report.
Obviously i would rather this be dealt with without the need of going to court as that would involve time off work. I've never had to challenge anything like this before so i don't actually know how it works. I've been done in the past on two occasions but on both counts the police were totally right so i took the hit. This is the first time i disagree with it so it's new to me. So i may not need to go to court, i just might need to send off my opticians card?

QUOTE
You can’t ‘appeal an offer of a fixed penalty, theirs is no result yet to appeal against!
At what point is there a result? I was under the impression it's when the police tell you you're being given 3 points and a fine. It's only if you accept it or if you challenge it and lose then?


QUOTE (NewJudge @ Sun, 21 Apr 2019 - 22:21) *
There you plead Not Guilty to the offence on the basis you describe.
My concern is that the response is - this is wonderful news Mr Penf0ld that you no longer need glasses in order to drive. However, at the time of the offence your licence stated that you did and you were not wearing glasses, therefore you have no defence.

QUOTE
You can elaborate a bit on the point your friend described on another forum, where he suspected that your boss was involved and that he had either filled out a form suggesting you need glasses or made you tick a box saying that you do.
I don't want to get in to that on account of i can't see how that would help me at all. It's all very he says she says. It was my line manager at the time, i'm in a different department now and i really can't imagine my line manager going to court to back me up saying yes my lord, it was I who filled out that form saying he needed to wear glasses because i thought i knew better than the optician and that he should be wearing glasses at work. He just wouldn't. He'd deny any knowledge so it's best i stick to the facts - i have an 01 marker on there, i wasn't wearing glasses and an eyesight test not 24 hours later shows that i don't need glasses.


On the topic of which, while all this is ongoing how do i actually remove that 01 from my licence? Is there a specific department/address at the DVLA that i can write to?
Go to the top of the page
 
+Quote Post
notmeatloaf
post Sun, 21 Apr 2019 - 22:23
Post #5


Member


Group: Members
Posts: 1,908
Joined: 4 Mar 2017
Member No.: 90,659



At the moment you have been given the offer of accepting the fine and points in exchange for not being prosecuted - "Conditional Offer of Fixed Penalty".

So your options are

a) Pay it - bad idea.

b) Write a polite letter pointing out that your vision is fine, that you weren't asked to do a roadside test and with a copy of your eye report. Say you believe the officer was mistaken. Don't put anything about him picking on you, etc. - you want to keep it simple and get them onside.

That's because if they use their discretion to drop it now it will be considerably less hassle for you than

c) They prosecute you as you haven't taken up the fixed penalty. It will go to court in about five months time. At that stage very likely the CPS will drop it, or you should be able to be found not guilty. However, firstly it's a total ballache for you, and secondly the magistrates aren't always receptive to any defence that involves a police officer making a mistake, and so there is the small chance they will convict and you actually will need to appeal.

Although it's understandable to be cheesed off, at this stage it is worth your while to keep the police onside.

This post has been edited by notmeatloaf: Sun, 21 Apr 2019 - 22:24


--------------------
No longer posting - please do not PM for advice.
Go to the top of the page
 
+Quote Post
ford poplar
post Sun, 21 Apr 2019 - 22:56
Post #6


Member


Group: Members
Posts: 3,804
Joined: 20 Dec 2008
Member No.: 24,962



Why did your Line Manager fill out YOUR DVLA form? Did you sign it?
Police have a crackdown on eyesight at the moment.

Plead your case in Court & call your Optician as a Witness for results of the eye test.
IMO the Officer should have conducted a roadside eye test without glasses rather accept a DVLA code. if one exists.
Go to the top of the page
 
+Quote Post
southpaw82
post Sun, 21 Apr 2019 - 23:09
Post #7


Member


Group: Members
Posts: 30,073
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (ford poplar @ Sun, 21 Apr 2019 - 23:56) *
call your Optician as a Witness

Why do that when he has the test results?


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
notmeatloaf
post Sun, 21 Apr 2019 - 23:37
Post #8


Member


Group: Members
Posts: 1,908
Joined: 4 Mar 2017
Member No.: 90,659



QUOTE (ford poplar @ Sun, 21 Apr 2019 - 23:56) *
Plead your case in Court & call your Optician as a Witness for results of the eye test.

Dear Mr Optician,

Rather than spending a morning making money, please can you sit around in a courthouse for a few hours to tell the court my eyesight is fine.

Yours sincerely,

That person who had the free eye test

rolleyes.gif


--------------------
No longer posting - please do not PM for advice.
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 22 Apr 2019 - 06:50
Post #9


Member


Group: Members
Posts: 42,173
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



To clarify, what you have is an offer of a means of disposing of the allegation, the police haven’t given you anything but an offer, hence why there is no decision to appeal.

We do not yet have a system whereby the Police can determine your guilt and punishment without you having the opportunity to contest it.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
roythebus
post Mon, 22 Apr 2019 - 08:59
Post #10


Member


Group: Members
Posts: 5,405
Joined: 19 Dec 2006
From: Near Calais
Member No.: 9,683



Code 01 means you have to wear glasses for driving.
Go to the top of the page
 
+Quote Post
666
post Mon, 22 Apr 2019 - 09:03
Post #11


Member


Group: Members
Posts: 1,295
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (roythebus @ Mon, 22 Apr 2019 - 09:59) *
Code 01 means you have to wear glasses for driving.


No it doesn't. It means "eyesight correction", which can take other forms. And it is advisory.
Go to the top of the page
 
+Quote Post
Penf0ld
post Mon, 22 Apr 2019 - 09:15
Post #12


Member


Group: Members
Posts: 18
Joined: 21 Apr 2019
Member No.: 103,512



Just to clarify, the optician i saw is not my buddy. I could ask him but i don't think giving up a days pay and using a day off his annual leave allowance for some guy who paid £20 will be very appealing to him.

I do however have the results card which should hopefully be adequate smile.gif

QUOTE (notmeatloaf @ Sun, 21 Apr 2019 - 23:23) *
b) Write a polite letter pointing out that your vision is fine, that you weren't asked to do a roadside test and with a copy of your eye report. Say you believe the officer was mistaken. Don't put anything about him picking on you, etc. - you want to keep it simple and get them onside.

Who do i write to?

I'm guessing there'll be an address on this letter coming through and that's where i'll write to?

As for the line manager, i can't remember. I'm not even sure if he did. He was extremely controlling & i was fresh out of school and didn't know what could or couldn't be done. Looking back the manager does a lot that you can't do but it happens. I'm just trying to think of ways that it may have ended up on my licence as i can't remember. Maybe i just ticked a box i shouldn't have & it's my own fault, i genuinely can't remember. However it got marked the fact is it got marked so that's what i have to deal with.


The police told me i had to sign something. It was a handheld device but i'm not sure what it was that i was signing for. He just said it's a 3 points offence & got me to sign some box on this device. Thinking back perhaps i should've refused but having had history with the police in the past & done the whole challenging thing, i thought it was in my interest to just cause no trouble throughout.



Just wondering if anyone knows how i get this 01 mark removed from my licence?
Go to the top of the page
 
+Quote Post
TonyS
post Mon, 22 Apr 2019 - 09:40
Post #13


Member


Group: Members
Posts: 867
Joined: 24 Mar 2013
From: Scotland
Member No.: 60,732



Have you been charged with driving not in accordance with your licence, or driving with defective eyesight?
Go to the top of the page
 
+Quote Post
666
post Mon, 22 Apr 2019 - 09:41
Post #14


Member


Group: Members
Posts: 1,295
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (Penf0ld @ Mon, 22 Apr 2019 - 10:15) *
Just wondering if anyone knows how i get this 01 mark removed from my licence?

Contact the DVLA. They should arrange for you to go to your local test centre, where an examiner will check that you can read a number plate at the prescribed distance.

Be aware that there's a lot of anecdotal evidence that they're slow to deal with anything medical.
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 22 Apr 2019 - 10:24
Post #15


Member


Group: Members
Posts: 30,073
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (TonyS @ Mon, 22 Apr 2019 - 10:40) *
Have you been charged with driving not in accordance with your licence, or driving with defective eyesight?

He hasn’t been charged with anything yet and no COFP has arrived with an offence on it.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
666
post Mon, 22 Apr 2019 - 10:50
Post #16


Member


Group: Members
Posts: 1,295
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (TonyS @ Mon, 22 Apr 2019 - 10:40) *
Have you been charged with driving not in accordance with your licence, or driving with defective eyesight?

Unless the officer carried out an eyesight test, there is no evidence to support the latter charge.
Go to the top of the page
 
+Quote Post
baroudeur
post Mon, 22 Apr 2019 - 11:23
Post #17


Member


Group: Members
Posts: 573
Joined: 24 Sep 2014
Member No.: 73,212



QUOTE (666 @ Mon, 22 Apr 2019 - 09:03) *
QUOTE (roythebus @ Mon, 22 Apr 2019 - 09:59) *
Code 01 means you have to wear glasses for driving.


No it doesn't. It means "eyesight correction", which can take other forms. And it is advisory.


There are only two forms of wearable eyesight correction, spectacles or contact lenses, and it is obligatory to wear/use them if needed to meet the ‘standards of vision for driving’.

'Standard of vision' roadside test consists being able to read, with glasses or contact lenses if necessary, a car number plate made after 1 September 2001 from 20 metres.

Legally, to meet the minimum eyesight standard for driving requires a visual acuity of at least decimal 0.5 (6/12) measured on the Snellen scale (with glasses or contact lenses, if necessary) using both eyes together or, if sight in one eye only, in that eye. There must also be an adequate field of vision

It appears that the op holds an 'HGV' category as a Vocational licence holders which needs a visual acuity at least 0.8 (6/7.5) measured on the Snellen scale in the better eye and at least 0.1 (6/60) on the Snellen scale in the other eye and his results will be recorded on his medical D4 application.
Go to the top of the page
 
+Quote Post
notmeatloaf
post Mon, 22 Apr 2019 - 12:31
Post #18


Member


Group: Members
Posts: 1,908
Joined: 4 Mar 2017
Member No.: 90,659



QUOTE (Penf0ld @ Mon, 22 Apr 2019 - 10:15) *
Who do i write to?

I'm guessing there'll be an address on this letter coming through and that's where i'll write to?

Yep, address on letter. What happens with 99% of traffic offences is the officer submits a "Traffic Offence Report" to the fixed penalty office. They then review it - possibly realise the mistake and don't proceed, although this is unlikely.

You then write back to the fixed penalty office who probably cancel the ticket. Occasionally they decide to let the courts decide on it, but as your case is relatively simple and you have the eyesight report to support your case, then it should be a routine matter.

If the report you have doesn't scream "driving is fine" then you might want to include a printout from the DVLA website explaining the conditions.


--------------------
No longer posting - please do not PM for advice.
Go to the top of the page
 
+Quote Post
Penf0ld
post Mon, 22 Apr 2019 - 13:48
Post #19


Member


Group: Members
Posts: 18
Joined: 21 Apr 2019
Member No.: 103,512



QUOTE (notmeatloaf @ Mon, 22 Apr 2019 - 13:31) *
If the report you have doesn't scream "driving is fine" then you might want to include a printout from the DVLA website explaining the conditions.

Attached Image

Attached Image
Go to the top of the page
 
+Quote Post
666
post Mon, 22 Apr 2019 - 14:40
Post #20


Member


Group: Members
Posts: 1,295
Joined: 17 Jun 2011
Member No.: 47,602



QUOTE (baroudeur @ Mon, 22 Apr 2019 - 12:23) *
QUOTE (666 @ Mon, 22 Apr 2019 - 09:03) *
QUOTE (roythebus @ Mon, 22 Apr 2019 - 09:59) *
Code 01 means you have to wear glasses for driving.


No it doesn't. It means "eyesight correction", which can take other forms. And it is advisory.


There are only two forms of wearable eyesight correction, spectacles or contact lenses, and it is obligatory to wear/use them if needed to meet the ‘standards of vision for driving’.

True, but there is nothing in the legislation to suggest it needs to be "wearable".

BTW A monocle makes three wink.gif
Go to the top of the page
 
+Quote Post

3 Pages V   1 2 3 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Monday, 26th August 2019 - 06:07
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.