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mitchellc99
but the cop managed to put 14.30 instead of 12.30 in the time box [at 14.30 i was in a room full of people at a meeting]
do i have a good chance of getting off with this, and whats my best way froward if any?

mellow.gif
Hotel Oscar 87
Presumably you were issued a fixed penalty notice? As this is unlikely to be the only record of the incident and you're in possession of the ticket it would be kind of hard to argue that you weren't issued with it. The bottom line is that the incorrect time is unlikely to be fatal - as far as the ticket is concerned.
Teufel
a defective fpn dos not invalidate the substantive offence
mitchellc99
yeah but surely if i take it to court i would have to plead not guilty as technically the charge on the fixed penalty was for 14.30 and i wasnt driving at that time - i would effectively be admitting to something i did not do.
Top Cat
QUOTE (mitchellc99 @ Tue, 10 Mar 2009 - 20:08) *
yeah but surely if i take it to court i would have to plead not guilty as technically the charge on the fixed penalty was for 14.30 and i wasnt driving at that time - i would effectively be admitting to something i did not do.


Magistrate - "So Mr mitchellc99 you're telling us you were on your phone at 12:30 not 14:30,is that right?"

And your reply is?
jobo
he doesnt have to tell them anything, just put them to proof on the charge against his water tight alibi
hotdog3147
As already stated though, he was handed the ticket so must have been there. A mistake on a FPN doesn't make it invalid. Give it a try, plead not guilty and possibly get more points a bigger fine plus court costs. Or accept that you were on your phone and take the fixed penalty notice and don't make the same mistake again.
southpaw82
He won't get more points as the maximum is three. I'd be slow to challenge the allegation on this basis alone.
mitchellc99
i can see where everyone is coming from, but the charge is "driving at 14.30 on the 9/3/09" thats whats on the pink slip, if the fiscal ask me about any other time, i can surely say that, that is not the charge here, its at 14.30?(regardless if i was doing it at 12.30 or not) - i do not have to provide the pink slip at court if i dont want to surely?

on the other hand, i might just accept the points and £60 and be done with it, because i dont know how much the fine could be increased to.
southpaw82
You're relying on the citation being generated from the fixed penalty counterpart, which contains the error and not the officer's notes which (one hopes) does not. So the citation may be correct. In any case, the citation will simply specify a date, not a time and that is the charge that will be put to you.

In any case, as and when the error is discovered the court will allow the prosecution to amend the details of the offence to the correct time. You'd be relying on defending the allegation by saying you were nowhere nearby at 14.30. The obvious question then is "how did it come to pass that the officer spoke to you in your vehicle?". I don't see how the error could remain undiscovered.

Remember also that any statement provided by the officer will probably be written from his notes and might state the right time - thus, the right time will form part of the evidence from the start.
mitchellc99
QUOTE (southpaw82 @ Wed, 11 Mar 2009 - 16:39) *
You're relying on the citation being generated from the fixed penalty counterpart, which contains the error and not the officer's notes which (one hopes) does not. So the citation may be correct. In any case, the citation will simply specify a date, not a time and that is the charge that will be put to you.

In any case, as and when the error is discovered the court will allow the prosecution to amend the details of the offence to the correct time. You'd be relying on defending the allegation by saying you were nowhere nearby at 14.30. The obvious question then is "how did it come to pass that the officer spoke to you in your vehicle?". I don't see how the error could remain undiscovered.

Remember also that any statement provided by the officer will probably be written from his notes and might state the right time - thus, the right time will form part of the evidence from the start.


i get what your saying, the strange thing was though - he didnt ask to see my licence or any form of ID - it could literally have been anyone driving my car - and im sure i wouldnt have to tell them who i thought it was?


im probably just gonna take the points, but im just curious about what would happen as they didnt ask for the above.

TY for your help rolleyes.gif
MartinHP71

Did you sign the pink form ?
southpaw82
QUOTE
and im sure i wouldnt have to tell them who i thought it was?


You think wrong. They can require the information from you under s. 172 of the Road Traffic Act 1988. Whether they'd be in time to do anything with it is another matter.
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