Problem - Penalty Notice vs No paper counterpart!

[Fawbish]

Ok. Thought it would be cool to leave it til about 4 days to go before I took my documents and payment in (3 points and 60 quid fine)



What turned out not so cool is that I do NOT have my paper counter part. It simply isnt here.

I read through all the notice, and it says I must write to blah blah if this happens. Obviously, I'll be getting hold of DVLA today and hopefully getting a new one sent out. (I still have my Card Licence though )

Now with 4 days to go before "court proceedings" I am a tad worried.


When I write to blah blah, what should I say? Just explain whats happened, and that Im waiting on the DVLA? Apparently they will tell the court not to act. But for how long? Has anyone been in this situation before?

Thanks in advance people.
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"Oh....it looks like Average Joe's is forfeiting the match!" - "Yeah, its a risky strategy but lets see if it pays off for 'em Cotton."

[stinkwheel]

Just to go over exactly what legislation we're talking about here. It's the power of police to inspect documents.

Failure to produce them on demand is an offence. You are currently guilty of that offence.

However, the road traffic act states that it is an acceptable defence to produce the documents within seven days or as soon as is reasonably practical.

The police seem to forget about that last part. Obviously as you are waiting for the DVLA to send you the counterpart licence, it is not reasonably practical to produce it at a police station.

What you do need to do however is produce the other documents within that 7 day period.

Take what you have down, explain the DVLA have your counterpart.

If they get arsey about the seven days thing,

It's Road Traffic act 1988, section 164, sub-section 8 (b). Which reads:
"In proceedings against any person for the offence of failing to produce a licence it shall be a defence for him to show that—

(a) within seven days after the production of his licence was required he produced it in person at a police station that was specified by him at the time its production was required, or

(b) he produced it in person there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for him to produce it there before the day on which the proceedings were commenced, "
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Fawbish]

Ah ok, massive thanks for that Stinkwheel.


I got done for 42 in a 30, and currently have my letter stating I have 28 days to respond etc. For my conditional offer of 3 points and 60 quid.

I am currently on 24, and being a clever little wanker I am, left until last minute. I shouldnt have.

I am literally filling in the form for DVLA today, and requesting my docs. I dont think they can get me them so soon, and I am probably expecting a wait of up to 3/4 weeks.

So, I will go down to the station anyway, show them my filled in form, my actual drivers licence, and explain about my counter part being missing. I will also have sent off a letter to the central ticket office (as recommended by my notice). This will "avoid further proceedings" apparently. For how long, I do not know.


I've got a feeling Im going to be shafted to Kingdom Come.

Much thanks for the info. I will keep it with me and use if needed (not that they'll give me the time of day).
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"Oh....it looks like Average Joe's is forfeiting the match!" - "Yeah, its a risky strategy but lets see if it pays off for 'em Cotton."

[Fawbish]

Well, that was easier than I thought.


I rang the fixed penalty office, explained my situation, and they've extended my notice to the 28th of October (and noted down that I rang). I asked if I should write to the central ticket office anyway, but she said it should be fine, as she controls the information from there anyway.

SO I now have until the 28th of October to do everything. I hope the DVLA are quite quick!


I still have a bad feeling something will get confused, but at least I have a recorded call to back up my position. (Have just noted down time of call etc)


____________________
"Oh....it looks like Average Joe's is forfeiting the match!" - "Yeah, its a risky strategy but lets see if it pays off for 'em Cotton."