3 pts, duff tyre, not my car
3 pts, duff tyre, not my car
Author
Discussion

simon1987

Original Poster:

401 posts

161 months

Friday 17th May 2013
quotequote all
picked my mates car up he left at the pub for him, got a tug and was informed one tyre was below legal tread depth. Luckily he had a decent spare so I was able to make it road worthy at the side of the road.

However I got a NIP.

Do you think if I ignore the offer of 3 pts/£60 fine and go to court it will be favourable for me?

also I have lost the crappy photo part of my license so even if I wanted to pay the fine and take the points I cant send my license off to be endorsed as I dont have both parts.

Is it possible just to go to the local courts and pay the fine and have them endorse my license there?

10 Pence Short

32,880 posts

243 months

Friday 17th May 2013
quotequote all
You were the driver, so it's your offence. If your mate is decent, he'll pay you the fine money.

As for your licence, you need to send off for the photo I'd right away. I'd also contact the fine office and tell them you're accepting the FPN and awaiting your licence being returned by the DVLA.

simon1987

Original Poster:

401 posts

161 months

Friday 17th May 2013
quotequote all
oh no he will be a **** about it.

I know its the drivers responsibility to check the roadworthiness of a car its just a bit snide how this has happened

simon1987

Original Poster:

401 posts

161 months

Friday 17th May 2013
quotequote all
is this what to get a new photocard?

https://www.gov.uk/apply-online-to-replace-a-drivi...

"If you want to renew the photo on your licence as part of your application you’ll need a UK passport issued in the last 5 years."


I am not arsed about the changing the photo on my license, I just need a new photocard issued. Will they still have my picture of file and just use my old photo?

Snowboy

8,028 posts

177 months

Friday 17th May 2013
quotequote all
It is the drivers responsibility.

However, I think there might be some rules/guidelines about 'good faith' and stuff.

A few years ago I would have suggested court as the Magistrate woukd gave been abke to use discretion and adjust your punishment.
These days I'm not sure if they can do it.

Might be worth giving court a try.
Explain politely that you know it was wrong but there were mitigating circumstances.
I guess that's what the court option is for.

Monkeylegend

28,689 posts

257 months

Friday 17th May 2013
quotequote all
If he was a good mate he would take the points for you as well. What could go wrong.

Nick1point9

3,920 posts

206 months

Friday 17th May 2013
quotequote all
simon1987 said:
Do you think if I ignore the offer of 3 pts/£60 fine and go to court it will be favourable for me?
No.

Cat

3,131 posts

295 months

Friday 17th May 2013
quotequote all
OP, check out Section 48 of the Road Traffic Offenders Act 1988, it may be of relevance.

Cat

simon1987

Original Poster:

401 posts

161 months

Friday 17th May 2013
quotequote all
so how do i get a new photocard

Grenoble

58,486 posts

181 months

Friday 17th May 2013
quotequote all
simon1987 said:
so how do i get a new photocard
FFS stop being lazy and use google. 5 sec search gives :

https://www.gov.uk/apply-online-to-replace-a-drivi...

TVR1

5,478 posts

251 months

Friday 17th May 2013
quotequote all
simon1987 said:
so how do i get a new photocard
Are you kidding? Bloody google it. FFS.

Besides, that's not your issue. Take a moment and read the poster 2 above me and thank him. That's your 'get out of jail free' card.

But you probably won't. Because you are thick.

5.0ltr

2,833 posts

225 months

Friday 17th May 2013
quotequote all
simon1987 said:
picked my mates car up he left at the pub for him, got a tug and was informed one tyre was below legal tread depth. Luckily he had a decent spare so I was able to make it road worthy at the side of the road.

However I got a NIP.


Is it possible just to go to the local courts and pay the fine and have them endorse my license there?
You are driving it for him and found to be illegal, he commits offence as owner. Google use, cause permit.
NIP? Not required for this offence?
No.

Deva Link

26,934 posts

271 months

Friday 17th May 2013
quotequote all
simon1987 said:
oh no he will be a **** about it.
Why are you doing favours for someone like that?

How bad was the tyre? If it was marginal you could claim you did a walk-around and all appeared OK.

speedking31

3,847 posts

162 months

Saturday 18th May 2013
quotequote all
But it may have been the OP's manner of driving that brought him to the attention of the police in the first place. In that case it would hardly be the friend's fault.

anonymous-user

80 months

Saturday 18th May 2013
quotequote all
TVR1 said:
simon1987 said:
so how do i get a new photocard
Are you kidding? Bloody google it. FFS.

Besides, that's not your issue. Take a moment and read the poster 2 above me and thank him. That's your 'get out of jail free' card.

But you probably won't. Because you are thick.
Very much doubt it's a get out of jail free card. What does it take to make sure a car is basically road worthy?

What's he going to say? I couldn't have known about this because I couldn't be arsed to make a basic simple check before I drove?

GC8

19,910 posts

216 months

Saturday 18th May 2013
quotequote all
An endorsement for one sole defect is extremely harsh. Im guessing that they were hoping for more.

Frix

678 posts

217 months

Saturday 18th May 2013
quotequote all
Why is it extremely harsh?

GC8

19,910 posts

216 months

Saturday 18th May 2013
quotequote all
Because VDNs are usually given out by experienced officers where there is one fault, with FPNs commonly reserved for instances where a second fault is also found.

Frix

678 posts

217 months

Saturday 18th May 2013
quotequote all
I'm not sure that makes using the penalty available extremely harsh. It would also depend on the severity of the defect.

GC8

19,910 posts

216 months

Saturday 18th May 2013
quotequote all
Yes, harsh as opposed to extremely harsh. As with anything on a forum, you have to presume that you have been told everything. If it was a shockingly bald tyre then it was less harsh, but still more than I would have hoped for had I been involved.