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CheesyBeanz
Bit of a long one but please bare with me.

On Christmas Eve 2016 I was poing a bit of last minute shopping in the city centre. To save trapsing all the bags from the shopping centre to the car park, I told her to wait and I would get the car and pick her up.( My job at the time was a private hire taxi driver so my car had a taxi plate on the rear.)

As I pulled into a layby outside the shopping centre, my wife opened the boot to start loading the shopping just as a policeman on his bike told her to remove her shopping, she cant get in my car and ordered me to follow him to a more suitable location to deal with me. I had no idea what was up at this point.

Turns out I had cord showing on one of my front tyres. My own fault for not checking I know so I accepted this, changed my tyre then phoned my wife to tell her I was on my way back to get her.

I paid my £100 Fine from the FPN I received and sent my drviing license in to be endorsed.

A few weeks have now lapsed since I sent my license off and yesterday I received a SJPN giving me 21 days to plead guilt or not guilty. The police or whoever endorses my license in Leeds or even royal mail have obviously lost it so now the FPN time limit has lapsed and will now be dealt with at Magistrate level. I have contacted the police who confirms that my £100 fine is currently in the process of being refunded.

The SJPN states that the court will rely on the witness statement which brings me to the main part. The police officer states that my wife was a fare (as if she was a stranger) and that I was working at the time he pulled me. He refers to me by my full name correctly at the beginning of his statement but then refers to me only by my surname when he says I signed his slip of paper thing. He has also spelt my district wrong, he spelled 'Green' as 'Greem'.

If the court relys on his statement as being accurate, which is my eyes is presumtious and has a few errors, will I still be likely to be prosecuted. Will the court see this as an unreliable witness and dismiss the case?

I was willing to pay the fine and accept my punishment but if I can avoid 3 points, £100 fine and increased insuirance premiums then I will.

Any help in this is greatly apprteciated.
Mattd
No it won't help at all. Minor errors are easily made as the large number of spelling and grammatical mistakes in your own account show.

To the officer it must have appearedyou were collecting a fare. If your in a taxi with a badge showing picking up a woman with shopping this is a fairly reasonable assumption albeit one a court would probably ignore without further evidence of you actually having been picking up a paid fare.

Personally I wouldn't have thought an FPN would be offered to the driver of a passenger carrying vehicle with a tyre so defective it has cord showing but that's a different and not necessarily relevant point.
Logician
Those errors in the statement are quite irrelevant. You have a danger now that you have not realised, in court the 3 points for the offence will be the same as the fixed penalty but the fine will be the equivalent of one week's net income, plus a surcharge of 10% plus £85 costs. What you need to do is to persuade the court to sentence you ate the same rate as the fixed penalty, because the reason you did not accept the fixed penalty was not your fault and was not related to the offence itself. The court does have guidance to that which reads:

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances"

You will have been sent a form inviting you to indicate which way you plead for the offence. You need to return it indicating you plead guilty and stating that you were offered a fixed penalty which you tried to accept, you paid the fine and sent off your licence but it appears the licence was lost. You have been told that the £100 you paid will be refunded. Ask that in these circumstances the court sentences you at the fixed penalty rate, as you understand they have a guideline to do. You will need to apply to the DVLA for a replacement licence, if that does not arrive in time to send to the court, state in your letter that you have applied for but not yet received a replacement licence.
CheesyBeanz
Thank you so much for your advice. I wasn't aware that I can plead with the court to sentence me at the same rate as the FPN. Thanks again.

QUOTE (Logician @ Tue, 4 Apr 2017 - 20:57) *
Those errors in the statement are quite irrelevant. You have a danger now that you have not realised, in court the 3 points for the offence will be the same as the fixed penalty but the fine will be the equivalent of one week's net income, plus a surcharge of 10% plus £85 costs. What you need to do is to persuade the court to sentence you ate the same rate as the fixed penalty, because the reason you did not accept the fixed penalty was not your fault and was not related to the offence itself. The court does have guidance to that which reads:

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances"

You will have been sent a form inviting you to indicate which way you plead for the offence. You need to return it indicating you plead guilty and stating that you were offered a fixed penalty which you tried to accept, you paid the fine and sent off your licence but it appears the licence was lost. You have been told that the £100 you paid will be refunded. Ask that in these circumstances the court sentences you at the fixed penalty rate, as you understand they have a guideline to do. You will need to apply to the DVLA for a replacement licence, if that does not arrive in time to send to the court, state in your letter that you have applied for but not yet received a replacement licence.

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