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need legal advice, where do I stand?

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Deano
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PostPosted: 22:38 - 15 Jun 2009    Post subject: need legal advice, where do I stand? Reply with quote

i got given fine last week for contravening a no entry sign which was at the top of my road that I live on.

I showed my card part but not my paper part and was advised that I would have to only pay a fine, NOT recieve any points. I was also asked to go to the station with the slip given, show my card and paperpart.

I have just gone down the station where my license was taken off me by someone who was not at all confident in his own ability in filling out the form and was told im will be getting 3points added.

I tried arguing what was advised but was told that the that it is endorsable.
Now I know people are gonna say im scum whatever and I should shutup and whatever but I have been misled and could really not do with these extra points.

is it also worth fighting in court?


thanks
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Rottweiler
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PostPosted: 23:47 - 15 Jun 2009    Post subject: Reply with quote

bit harsh tbh guy at station seems like a jobsworth gutted.
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pa_broon74
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PostPosted: 23:59 - 15 Jun 2009    Post subject: Reply with quote

I'd double check with the officer who issued the ticket. That type of thing as far as I am aware isn't endorsable.

It would be annoying if you got points because a member of staff made a noob mistake.

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T.C
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PostPosted: 09:57 - 16 Jun 2009    Post subject: Reply with quote

Failure to comply with the following signs are endorsable

- Stop sign
- No entry
- Height Restriction
- Level Crossing restriction
- Double-white lines (either stopping or crossing when prohibited)
- No stopping in crossing zig-zag lines
- Red traffic light
- Green traffic filter arrow
- Level crossing intermittent red stop lights

The copper at the counter was correct, but the fixed penalty should state whether it is a £60 or £30 fine.

If you have been given a £30 ticket then the wrong ticket has been issued and is a different colour to an endorsable ticket.

Either way, you are liable for £60 fine and 3 points for failing to comply with a "No Entry"!
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Timmeh
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PostPosted: 10:03 - 16 Jun 2009    Post subject: Reply with quote

If my fine had been given to me on the wrong paperwork I'd fight it all the way.
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MattEMulsion
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PostPosted: 10:05 - 16 Jun 2009    Post subject: Re: need legal advice, where do I stand? Reply with quote

Deano wrote:
is it also worth fighting in court?

I wouldn't have thought so, you've already admitted that you did it by accepting the ticket I reckon and if it is an endorsable offence, then there is not a lot you can do about it.

What form/ticket did the copper actually give you and what offence did he presumably ticket you for?
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Kickstart
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PostPosted: 10:08 - 16 Jun 2009    Post subject: Re: need legal advice, where do I stand? Reply with quote

MattEMulsion wrote:
I wouldn't have thought so, you've already admitted that you did it by accepting the ticket I reckon and if it is an endorsable offence, then there is not a lot you can do about it.


Not really. The ticket gives you the option of paying up or of going to court. By issuing the wrong ticket and then taking his licence off him at the police station they have prevented him making that choice.

All the best

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yen_powell
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PostPosted: 10:29 - 16 Jun 2009    Post subject: Reply with quote

Photos off the signs in question would be good, just in case there is something wrong with them.
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T.C
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PostPosted: 14:00 - 16 Jun 2009    Post subject: Reply with quote

yen_powell wrote:
Photos off the signs in question would be good, just in case there is something wrong with them.


Unlike parking restrictions (which are often wrong and non compliant with the traffic order) I have never come across a "No Entry" sign which is wrong.

What makes you think there could be something wrong with it.

On the subject of possibly being given the wrong ticket, that can be grounds for the ticket to be cancelled. A non endorsable ticket cannot be issued with a requirement for the licence to be sent away to be endorsed. A similar analagy is a ticket being issued with the wrong details.

The only way a "No Entry" sign could be non endorsable would be if the sign was errected under a local traffic order (which is usually non endorsable) rather than under the Road Traffic Act. This would be highly unlikely.

However, you could write to the Central ticket Office (address will be on the ticket) explaining the dilema and see what they say.

Bear in mind that the ticket would have to be married up to the licence surrendered, and this could be difficult for the CTO if the wrong ticket has been issued, therefore it is worth asking the question, but ask quickly!
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yen_powell
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PostPosted: 14:08 - 16 Jun 2009    Post subject: Reply with quote

T.C wrote:
yen_powell wrote:
Photos off the signs in question would be good, just in case there is something wrong with them.


Unlike parking restrictions (which are often wrong and non compliant with the traffic order) I have never come across a "No Entry" sign which is wrong.

What makes you think there could be something wrong with it.

It can be the wrong size, wrong colour (faded), incorrectly mounted, not enough signs (I've seen single No Entry signs when the road width means two are required), in the wrong position with regard to it's purpose, not illuminated in an urban streetlit area, or have additional non authorised plates underneath. Maybe other stuff, you can't tell till you see it.
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Finglonga
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PostPosted: 18:00 - 16 Jun 2009    Post subject: Re: need legal advice, where do I stand? Reply with quote

Deano wrote:
i got given fine last week for contravening a no entry sign which was at the top of my road that I live on.


is it also worth fighting in court?




Not lived in that area long then?
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