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b1g5m0k3
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PostPosted: 04:45 - 16 Mar 2009    Post subject: got a pg9 Reply with quote

hi, i got pulled over tonight for no reason at all, the police had a good look round my car (its abit of an old banger) and they found my rear shock obsobers to be defective. they then said i cannot drive the car home so i had to call the AA to bring the car home.

anyway the police issued me a pg9 and said i may or may not be summond to court for the offence of driving a defective vehcile.

i am very worried because i had no idea my rear shocks were defective and i have only had my liecence for 9 months and i dont want to loose it. what do you think will happen? Sad
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Fawbish
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PostPosted: 10:06 - 16 Mar 2009    Post subject: Reply with quote

Did it have a valid MOT?

Last time I checked, standard police arent qualified to say whether a car is mechanically safe or not. And considering there arent many tests you can do to rear shocks bar jumping up and down on them, how did they know?

havent had this myself, but I suspect you've been preyed upon Neutral
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MarJay
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PostPosted: 11:04 - 16 Mar 2009    Post subject: Re: got a pg9 Reply with quote

b1g5m0k3 wrote:
hi, i got pulled over tonight for no reason at all, the police had a good look round my car (its abit of an old banger) and they found my rear shock obsobers to be defective. they then said i cannot drive the car home so i had to call the AA to bring the car home.

anyway the police issued me a pg9 and said i may or may not be summond to court for the offence of driving a defective vehcile.

i am very worried because i had no idea my rear shocks were defective and i have only had my liecence for 9 months and i dont want to loose it. what do you think will happen? Sad


My advice would be to take it to a MOT tester and ask his opinion. If he thinks they are safe then get a MOT done on the car so you've got proof of roadworthiness on the date the MOT was issued.
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faddius
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PostPosted: 03:54 - 17 Mar 2009    Post subject: Reply with quote

As said, how can they know if the rear shocks are defective?

You said it was night when he pulled you, was it dark? How can they tell if theyre defective if its dark? Did they bounce the shocks? If they did they can use the momentum to make it look worse than it actually is.

Unless its an obvious fault, like if the car leans to one corner like theres a really fat person it when there isnt anyone in it, I think your safe if you got a valid MoT.

But yeah, take it to an MoT station, if they say its ok - go to the police station with the mot certificate and ask to talk to someone important - dont let them fob you off, your within your rights to talk to an officer holding a superior position than a desk monkey, and tell them you think you have been preyed upon.

I know some police forces take complaints like that extremely seriously - I had a problem where a patrol car kept following me trying to spook me for 20 mins till I ended up loosing it and trying to get away from them, they then tried to have be done for speeding, driving without due care etc. etc.

I had to bitch and whine to see a superior officer when I was down the station, but it turns out the officers who spooked me into breaking the law had done it before to other people - I got a letter a couple of weeks later saying that the two officers had been dismissed from service.
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R6jonny
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PostPosted: 13:41 - 17 Mar 2009    Post subject: Reply with quote

faddius wrote:
As said, how can they know if the rear shocks are defective?


I imagine it was traffic officers if they issued a PG9, would be if it was in the Met anyway.

faddius wrote:


You said it was night when he pulled you, was it dark? How can they tell if theyre defective if its dark? Did they bounce the shocks?


Errrrrrr how about a torch ?? Do they have those where you come from ? y'know help ya see in the dark....

faddius wrote:

I know some police forces take complaints like that extremely seriously - I had a problem where a patrol car kept following me trying to spook me for 20 mins till I ended up loosing it and trying to get away from them, they then tried to have be done for speeding, driving without due care etc. etc.

I had to bitch and whine to see a superior officer when I was down the station, but it turns out the officers who spooked me into breaking the law had done it before to other people - I got a letter a couple of weeks later saying that the two officers had been dismissed from service.


I'm sure they got the sack for following you around.....or probably not
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nutter
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PostPosted: 01:48 - 18 Mar 2009    Post subject: Reply with quote

I'm only going on what I have been taught at college on a public service course so bare with me.

In 1984 an act was brought in called PACE (police and criminal evidence act) which is basically a coppers bible. One of the main things it was brought in to stop was spot ckecks without good reason

I don't know what part of PACE it is but there is a section which specifies that the officer MUST give a reason for a search. Did they mention anything about drugs or drink?

I don't know what the PG9 is (is it the defective vechile summons, 14 day thingy?) but i do know any officer can declare a vechile un-roadworthy with PROOF (for tires they need so show depth if contested etc), regulars don't normally as they know they are not experts (neither are most traffic TBH, they just think they are) unless it is obvious.

Go down to the police station, with a personally written statement of what happened at the road side, and ask for the police officers record (must be released under freedom of info act). If you still feel agreived, ie the police did not have a ligitamete reason for stopping you, then mention that you feel PACE has been broken. This is why the 2 coppers who followed faddius were dismissed.

Unfortunatly, as PACE is over 70,000 words long, i don't know alot about it as I only spent a 2 hrs on it a few weeks ago, just that it's to protect you as much as the police, that a reason for the search must be specified at the time of the search and the records be made available if requested (also covered by freedon of info act)

Hope this helps
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R6jonny
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PostPosted: 11:47 - 18 Mar 2009    Post subject: Reply with quote

nutter wrote:
I'm only going on what I have been taught at college on a public service course so bare with me.

In 1984 an act was brought in called PACE (police and criminal evidence act) which is basically a coppers bible. One of the main things it was brought in to stop was spot ckecks without good reason

I don't know what part of PACE it is but there is a section which specifies that the officer MUST give a reason for a search. Did they mention anything about drugs or drink?

OP doesnt mention being searched?? Power to stop a vehicle comes from sec 163 Road Traffic Act, dont need a reason for it....can stop any vehicle on the road etc..

nutter wrote:

I don't know what the PG9 is (is it the defective vechile summons, 14 day thingy?) but i do know any officer can declare a vechile un-roadworthy with PROOF (for tires they need so show depth if contested etc), regulars don't normally as they know they are not experts (neither are most traffic TBH, they just think they are) unless it is obvious.

PG9's are normally done by traffic, the majority of whom are pretty clued up on these matters.

nutter wrote:

Go down to the police station, with a personally written statement of what happened at the road side, and ask for the police officers record (must be released under freedom of info act). If you still feel agreived, ie the police did not have a ligitamete reason for stopping you, then mention that you feel PACE has been broken. This is why the 2 coppers who followed faddius were dismissed.


i think you might have to be a bit more specific than PACE was broken....

nutter wrote:
......... i don't know alot about it as I only spent a 2 hrs on it a few weeks ago,


a little bit of knowledge..........

The best advice has already been given. Take your car to a garage. If its ok then they will tell you and sign the form and you can go to the police station to get teh PG10 completed (lifting the prohibition notice)

Easy
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Robby
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PostPosted: 18:26 - 18 Mar 2009    Post subject: Reply with quote

What would be the procedure if they were found to be defective? Would it be a rectification notice, or would it be a fine?
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R6jonny
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PostPosted: 02:00 - 19 Mar 2009    Post subject: Reply with quote

robby wrote:
What would be the procedure if they were found to be defective? Would it be a rectification notice, or would it be a fine?


In this case when the PG9 has already been issued??

The PG9 wont be lifted until the OP can provide proof that the faulty item has been fixed

If you mean in general when they were found on a stop then both a rectification notice or fine are options. What was done would be dependant on a number of issues, including the condition of the rest of the vehicle etc etc...
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sickpup
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PostPosted: 00:05 - 20 Mar 2009    Post subject: Reply with quote

Heard a story a while ago from an MOT tester.

He got pulled on a bike and a prohibition notice was put on the vehicle and in front of the officers he drove off. Officers pulled him again and the usual threat of prosecution was made, officer then told him he had the same powers as an MOT tester. The tester replied something along the lines of...

Quote:
No you don't. You can only issue a prohibition notice, an MOT tester can remove one. By the way, I'm an MOT tester and your prohibition notice was complete rubbish and I have the power to remove it and did so. I'm now on the way to my local station to report this incident, want to bet on whether it will get to court?


It didn't.

True story.

As to the OP take the vehicle for an MOT without mentioning anything and see what is said.
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b1g5m0k3
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PostPosted: 05:19 - 21 Mar 2009    Post subject: Reply with quote

ok, because the car was so old i couldnt justify spending the money to get it repaired, so i got it scrapped the next day.

i know its 3 points for 1 bald tyre. and 6 points for 2 bald tyres, so 2 defective shock absobers would be 6 points aswel? meaning i will loose my liecence. Sad
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Chriss
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PostPosted: 10:09 - 21 Mar 2009    Post subject: Reply with quote

Well, since you've got rid of any evidence that the car might have been roadworthy after all, you'll have to bend over and take anything they give.

Or are you saying that the car was knackered after all?
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sickpup
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PostPosted: 15:08 - 21 Mar 2009    Post subject: Reply with quote

Chriss wrote:
Or are you saying that the car was knackered after all?


Bingo!
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b1g5m0k3
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PostPosted: 19:42 - 21 Mar 2009    Post subject: Reply with quote

im saying i took the word of the officer, and decided to scrap the car since i couldnt afford the repairs..
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The Shaggy D.A.
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PostPosted: 19:57 - 21 Mar 2009    Post subject: Reply with quote

But you can afford to lose your licence? Plus whatever premium you're going to have to pay on insurance when you get it back?

An MOT to check whether the copper had a case will suddenly appear very, very cheap.
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b1g5m0k3
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PostPosted: 20:16 - 21 Mar 2009    Post subject: Reply with quote

lol, i didnt HAVE to take the car for an mot, only if i wished to drive the vehcile again

either way i could still go to court
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Chriss
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PostPosted: 20:32 - 21 Mar 2009    Post subject: Reply with quote

If you took the car for an MOT, and it was roadworthy (didn't fail) then the copper was wrong in his judgment, and any case dropped.
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b1g5m0k3
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PostPosted: 02:04 - 22 Mar 2009    Post subject: Reply with quote

o well, whats done is done Confused

so am i looking at 3 points or 6. the offence is driving a defective car.
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Chriss
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PostPosted: 11:21 - 22 Mar 2009    Post subject: Reply with quote

According to this, 3.
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alliamc
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PostPosted: 17:04 - 23 Mar 2009    Post subject: Reply with quote

b1g5m0k3 wrote:
o well, whats done is done Confused

so am i looking at 3 points or 6. the offence is driving a defective car.


I would have played ignorant if the MOT was up to date, you're no expert on cars, it drove alright so you didn't know.. but I still wouldn't have scrapped the car, that's a guaranteed admittance that the cop was right...

... have you forgotten to mention somethng here because your actions look guilty of something.. Did the car have a MOT in the first place?
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b1g5m0k3
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PostPosted: 23:46 - 25 Mar 2009    Post subject: Reply with quote

yes the car had an mot but the copper voided it there and then and said i needed to have it re-mot'd. i took his word that the shocks were fvcked and scrapped the car, its as simple as that.
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The Shaggy D.A.
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PostPosted: 00:45 - 26 Mar 2009    Post subject: Reply with quote

b1g5m0k3 wrote:
yes the car had an mot but the copper voided it there and then and said i needed to have it re-mot'd. i took his word that the shocks were fvcked and scrapped the car, I'm as simple as that.


Fixed.
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