Another over reaction, or reasonable punishment?
Another over reaction, or reasonable punishment?
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Original Poster:

26,934 posts

275 months

Monday 15th May 2006
quotequote all
A cabbie was sentenced to five days in prison after refusing to pay a fine for leaving his fog lights on.

www.portsmouthtoday.co.uk/ViewArticle2.aspx?SectionID=455&ArticleID=1501535

Hollywood Wheels

3,689 posts

260 months

Monday 15th May 2006
quotequote all

Seems fair enough to me. Fog lights is one of my personal dislikes. 5 days in prison? Seems harsh given the circumstances, but if he flatly refuses to pay the fine, what are they to do? Non-payment of any fine can eventually lead to prison. If a fine is too much, measures can be set up by the Court which allow easier payment, but this guy was flatly refusing. By the looks and sounds of it he *might* have given the Officers a load of grief at the roadside too, a bit of a 'wide boy'.

I know I'll get flamed for the next 10 inevitable pages of this thread, but there you go!!!

HW

ashes

628 posts

284 months

Monday 15th May 2006
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"Chief Superintendent John Campbell,defended the officers' actions, saying Mr Potter had been warned before about driving with his fog lights on.
He said: 'Advice had not been followed and there was little alternative but to issue a fixed-penalty notice."

If he had been warned before, seems fair. Not new - Tom Goode in the Good Life was sent to jail for not paying his fine

Showing my age (and trivial knowledge)

havoc

33,459 posts

265 months

Monday 15th May 2006
quotequote all
If he'd been warned before, and if it was clear where he was, then they were right to issue the FPN. After that, it's cut-and-dried...although the Cat-B prison seems harsh.

BUT...there is a warning in there for all of us regarding how FPNs can be used, and the lack of options once received.

Imagine if they started issuing FPNs for 'unnecessary acceleration'!!!

turbobloke

117,301 posts

290 months

Monday 15th May 2006
quotequote all
Rest easy HW, it looks like this was a one man crusade to get behind bars, who knows maybe it's more comfortable there than being with erindrawers. The multiple warning thing shows BiB were more than reasonable imo, and it was the guy's approach to the fine that got him a short stay at HMTQ's pleasure. Maybe he's a very principled man, or maybe it's the opposite.

Nic Jones

7,189 posts

250 months

Monday 15th May 2006
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Good, if we sent all the muppets to prison who drive with their tt, sorry, fog lights on congestion would be halved.

motco

17,649 posts

276 months

Monday 15th May 2006
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Botany Bay for 'em!

Einion Yrth

19,575 posts

274 months

Monday 15th May 2006
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motco said:
Botany Bay for 'em!
The shopping mall on the M65? Seems a bit harsh.

mg6b

6,649 posts

293 months

Monday 15th May 2006
quotequote all
havoc said:


BUT...there is a warning in there for all of us regarding how FPNs can be used, and the lack of options once received.


It is your choice what to do about a FPN.

1. You can pay it if you have been caught and accept that fact.
2. You can ask for the FPN to be replaced by a hearing at court.

FPNs can only be usedin those ways. The alternative for no FPN is being reported for the offence and being summonsed anyway. The choice is ultimately yours in how you wish to deal with the matter after your offence has been dealt with by a police officer.

You do not have to accept a FPN. You can tell the officer at the time that you will not accept it. That does not mean however that the officer will not issue it anyway. If you do not accept it at the the time, the only way from there is summons.

havoc said:

Imagine if they started issuing FPNs for 'unnecessary acceleration'!!!


We can !

turbobloke

117,301 posts

290 months

Monday 15th May 2006
quotequote all
mg6b said:
havoc said:

Imagine if they started issuing FPNs for 'unnecessary acceleration'!!!

We can !
And have! Been discussed on here before iirc, someone 'caused' a bit of wheelspin and was ticketed. Emergency starts should be exempt from police action on spurious safety grounds related to the word 'emergency'

havoc

33,459 posts

265 months

Monday 15th May 2006
quotequote all
mg6b said:
You do not have to accept a FPN. You can tell the officer at the time that you will not accept it. That does not mean however that the officer will not issue it anyway. If you do not accept it at the the time, the only way from there is summons.
This assumes that, at the time, you are capable of making a rational decision and understand exactly what you are being FPN'd for. It is likely you won't know the exact law surrounding the situation.

Is it possible to reject an FPN after you have been given it, not at the time of issue?

If not, it strikes me as very open to abuse.

mg6b said:

havoc said:

Imagine if they started issuing FPNs for 'unnecessary acceleration'!!!


We can !

'You'll have to catch me first copper!!!'

BigBob

1,471 posts

255 months

Monday 15th May 2006
quotequote all
No Flamin' from me HW - one of my pet hates also.

Only thing I see is, 5 days for a £30 fine in a prison that most probably will need to spend more than that on food to feed him.

Just can't square the circle that they can't send criminals found guilty of things like personal attacks because the prisons are 'full' but they can soon find a space for someone who won't pay a £30 motoring fine.

Just seems like priorities are bit twisted.




BB

turbobloke

117,301 posts

290 months

Monday 15th May 2006
quotequote all
BigBob said:
No Flamin' from me HW - one of my pet hates also.

Only thing I see is, 5 days for a £30 fine in a prison that most probably will need to spend more than that on food to feed him.

Just can't square the circle that they can't send criminals found guilty of things like personal attacks because the prisons are 'full' but they can soon find a space for someone who won't pay a £30 motoring fine.

Just seems like priorities are bit twisted.

BB
According to Tony Blair today, you're right (another thread). Trouble is it's his fg fault with the so-called social justice claptrap and HR bowing and scraping to pondlife.

jasandjules

72,622 posts

259 months

Monday 15th May 2006
quotequote all
Interesting that the hundreds of muggers, shoplifters and the like who don't pay their fines don't get 5 days in the clink....

autismuk

1,529 posts

270 months

Monday 15th May 2006
quotequote all
BigBob said:
No Flamin' from me HW - one of my pet hates also.

Only thing I see is, 5 days for a £30 fine in a prison that most probably will need to spend more than that on food to feed him.

Just can't square the circle that they can't send criminals found guilty of things like personal attacks because the prisons are 'full' but they can soon find a space for someone who won't pay a £30 motoring fine.

Just seems like priorities are bit twisted.

BB


Hear hear ! What's wrong with it HW, is not that this guy goes to prison, but that the dross which probably is responsible for 90% of your problems seems immune to it !

silversun

4,373 posts

256 months

Monday 15th May 2006
quotequote all
Well, if he's been warned before and still drove with them on then he's pretty stupid. Someone who drives all day long for a living would surely be aware enough not to keep forgetting to switch them off.

Prison is a bit extreme, but not sure what else they could do if he refused to pay the fine.

micky g

1,578 posts

265 months

Monday 15th May 2006
quotequote all
I hate fog lights and would ban them completely.

And as for five days, I'd have given him twenty years!

jasandjules

72,622 posts

259 months

Monday 15th May 2006
quotequote all
They could have just made him wear a baseball cap when driving.

I assume that is some sort of criminal punishment...

mg6b

6,649 posts

293 months

Monday 15th May 2006
quotequote all
havoc said:


Is it possible to reject an FPN after you have been given it, not at the time of issue?

If not, it strikes me as very open to abuse.


You have 28 days to think about it afterwards

havoc said:

mg6b said:

havoc said:

Imagine if they started issuing FPNs for 'unnecessary acceleration'!!!


We can !

'You'll have to catch me first copper!!!'


Thats been said before too !

>> Edited by mg6b on Monday 15th May 18:44

cliffe_mafia

1,739 posts

268 months

Tuesday 16th May 2006
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The 5 days in clink seems a bit harsh. The judge should have ordered that the offending lights were smashed off the car instead. Job done