speeding fine but no points?

speeding fine but no points?

Author
Discussion

dabofoppo

Original Poster:

677 posts

170 months

Wednesday 23rd July 2014
quotequote all
Hi all
A service user I work with has recieved a fine for 57 in a 40 the officers gave him a £100 fine but the bit in the form where the points go is empty. Does this mean he wont recieve any points?

Cheers

rewc

2,187 posts

232 months

Wednesday 23rd July 2014
quotequote all
dabofoppo said:
Hi all
A service user I work with has recieved a fine for 57 in a 40 the officers gave him a £100 fine but the bit in the form where the points go is empty. Does this mean he wont recieve any points?

Cheers
Police Officers cannot issue fines. Have they made him a conditional offer of a Fixed Penalty which will consist of £100 penalty and three points if he accepts it?

Stoofa

958 posts

167 months

Wednesday 23rd July 2014
quotequote all
Police offers cannot start deciding what fine/point combination to offer people. They either get a ticket or they don't.
Once it's found to be a speeding ticket it'll either get you, depending on how over the lmit:

Offer of speed awareness course
Offer of 3pts and £100
Court summons

dabofoppo

Original Poster:

677 posts

170 months

Thursday 24th July 2014
quotequote all
Its an offer of a fixed penalty a pink piece of paper with a box for points and a box for the fine part of the offer. The box for points is empty.

Mk3Spitfire

2,921 posts

127 months

Thursday 24th July 2014
quotequote all
I imagine an admin error on the part of the officer. It'll be 100 notes, and 3 points.
And no, by leaving it blank it does not mean your mate will get off on a technicality.
My force only has an option for the fine amount, and an option for endorsable or non endorsable.

Dog Star

16,040 posts

167 months

Thursday 24th July 2014
quotequote all
Bit of trivia....

In April 1985 I went (in my school uniform!) to court and pleaded guilty to speeding (53.37 in a 30 on my RD125LC). I got a conditional discharge, no fine, no points and £3 (three quid!) costs! One of the ladies even asked if I could afford the £3 biggrin

BonzoG

1,554 posts

213 months

Thursday 24th July 2014
quotequote all
I was ticketed on the M74 a couple of years ago and they didn't fill in the points or the fine at the bottom of the pink slip. I didn't notice this and was going to cough up my £60 anyways (t'was a fair cop) but a letter came through from Strathclyde Police saying the offer was withdrawn and I was off the hook.

Not saying this will happen, but it certainly can.

Whyayeemann

278 posts

192 months

Friday 25th July 2014
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Had this recently also, £100 fine however no points issued in the box by mistake.
Take your ticket to the court/place of endorsement, do not present either part of your driving license and advise them the ticket is invalid.
They will photocopy the ticket and send it to Police HQ, approx 1 week later you will receive a letter from police outlining the ticket is invalid and no further action will be taken.

bobthebench

398 posts

262 months

Monday 28th July 2014
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As indicated above, take the ticket to the local court and ask them if you can accept in light of the missing points. They will contact police who will normally drop the whole thing.

Reason behind this is that police can only issue tickets as authorised by law. Law for speeding is fine and points. This ticket is not in accordance with that, so ultra vires, and unable to be accepted. Police can go straight to court with it, but if they do then cop(s) get called to give evidence. Defence asks "Have you a good eye for detail ?" "Could you be mistaken about anything ?" "Do you make mistakes often ?". By this stage probably not going to convince the court of anything beyond reasonable doubt, so not guilty on the cards. Police know this and put a pen through it early to avoid all this.

SamRS197

34 posts

141 months

Monday 28th July 2014
quotequote all
bobthebench said:
As indicated above, take the ticket to the local court and ask them if you can accept in light of the missing points. They will contact police who will normally drop the whole thing.

Reason behind this is that police can only issue tickets as authorised by law. Law for speeding is fine and points. This ticket is not in accordance with that, so ultra vires, and unable to be accepted. Police can go straight to court with it, but if they do then cop(s) get called to give evidence. Defence asks "Have you a good eye for detail ?" "Could you be mistaken about anything ?" "Do you make mistakes often ?". By this stage probably not going to convince the court of anything beyond reasonable doubt, so not guilty on the cards. Police know this and put a pen through it early to avoid all this.
Yes. You should go to court, as that will definitely happen rolleyes

ferrariF50lover

1,834 posts

225 months

Monday 28th July 2014
quotequote all
bobthebench said:
As indicated above, take the ticket to the local court and ask them if you can accept in light of the missing points. They will contact police who will normally drop the whole thing.

Reason behind this is that police can only issue tickets as authorised by law. Law for speeding is fine and points. This ticket is not in accordance with that, so ultra vires, and unable to be accepted. Police can go straight to court with it, but if they do then cop(s) get called to give evidence. Defence asks "Have you a good eye for detail ?" "Could you be mistaken about anything ?" "Do you make mistakes often ?". By this stage probably not going to convince the court of anything beyond reasonable doubt, so not guilty on the cards. Police know this and put a pen through it early to avoid all this.
I reckon you've got more chance of winning the Euromillions every time for the next 6 months, and having enough money to buy England from the Queen and having the law changed to prevent people from prosecuting for speeding. But if you're feeling lucky...

Simon.

mph1977

12,467 posts

167 months

Monday 28th July 2014
quotequote all
I Suspect Bob's advice might work in a common law court if you remember to Present the conditional offer of fixed penalty but not if you only present it...