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Fixed Penalty Notice - A queiry

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Kris
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Joined: 03 Feb 2002
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PostPosted: 14:00 - 03 Sep 2004    Post subject: Fixed Penalty Notice - A queiry Reply with quote

Someone I know ( Wink ) was recently stopped by a policeman on an A-road for allegedly doing 88 in a 70.

After receiving a Fixed penalty notice for 3 points and a £60 fine he went off on his un-merry way and went home.

After giving in his licence to his local plod station and paying the fine over the phone he noticed something...

The date in the 'offence' section at the top was wrong.

( the bit that says "On XXth of XX 2004 at XX:XX hours at XX road etc" ) The date was wrong. Wrong month infact.

Now my mate *ahem* was wondering if he has a case for cancelling the ticket?

Very Happy
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dainesefreak
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Joined: 04 Apr 2003
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PostPosted: 14:05 - 03 Sep 2004    Post subject: Reply with quote

I might be wrong but I think if you've handed over the cash the deal is done. Sorry I mean your mate.

T.C might be better qualified to comment.
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Shaz
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Joined: 20 May 2003
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PostPosted: 14:06 - 03 Sep 2004    Post subject: Reply with quote

If your mate can prove that the bike was elsewhere on the date shown on the ticket, he could have a case! It's definately worth checking out with a lawyer.

I got stopped doing 120.7mph on a motorway. Waiting for court date.

All the best to your mate, though.
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Caspar
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Joined: 12 Jul 2004
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PostPosted: 14:06 - 03 Sep 2004    Post subject: Reply with quote

Hmm, probably not because by paying the fine and surrendering his licence he will probably be seen to have admitted to the offence. If he'd noticed before that then he might have had a case.
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Kris
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Joined: 03 Feb 2002
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PostPosted: 14:09 - 03 Sep 2004    Post subject: Reply with quote

Woman at the 'Central Ticket Office' reckons I should write in. She said if a ticket is cancelled all fines are refunded. Is this true?

Or something.
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G
The Voice of Reason



Joined: 02 Feb 2002
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PostPosted: 14:14 - 03 Sep 2004    Post subject: Reply with quote

Definitely worth a try just incase.

Presumably it's the points not the fine you're worried about though.
There was that thing in wales where they had a Gatso just /after/ some road works; still set for the road works speed limit.
I believe they got everything cancelled, though the people had to request it, it wasn't done automatically as it was when they recieved the NIP Rolling Eyes.
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Caspar
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Joined: 12 Jul 2004
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PostPosted: 14:16 - 03 Sep 2004    Post subject: Reply with quote

The other thing is that if it had been a camera or remote penalty 'your friend' might have a chance. But as he was actually stopped by a copper there will be a record on the duty log of that which, in court, might well overrule the date error on the penalty notice.
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Minky_monkey
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Joined: 01 Aug 2004
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PostPosted: 15:11 - 03 Sep 2004    Post subject: Reply with quote

I've always thought that the if any of the information on the ticket is incorrect, then it is invalid.

It's got to be worth a go, that's for sure.
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T.C
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Joined: 05 Nov 2003
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PostPosted: 16:19 - 03 Sep 2004    Post subject: Reply with quote

If the date of the offence is wrong, then the ticket is invalid and it should be cancelled.

If you have already handed over your licence and paid the fine then you need to contact the Central Ticket office (telephone number should be on the reverse of the ticket) and explain the situation.

Now they may say that the onus is on you to check the details before you pay the fine in which case you may be stuffed unless you can get a freindly solicitor to fight your corner on the cheap, on the other hand they may apologise and put the wheels in motion to arrange for your fine and licence to be returned, but either way you need to do it quick as the longer you leave it the less chance you have of geting something done about it!
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Kris
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PostPosted: 16:35 - 03 Sep 2004    Post subject: Reply with quote

Thanks T.C Thumbs Up
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daveiw
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Joined: 12 May 2004
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PostPosted: 22:01 - 05 Sep 2004    Post subject: Reply with quote

he's a lovely fella Thumbs Up Laughing Thumbs Up Reakon you owe im a beer (or two) let us know how you get on! Wink
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