Discussion
I got stopped last Sat and the officer never told me I had to produce anything (yes, no defense) and I've just filled in the Fixed Pen and noticed I also have a producer for my insurance doc. Thought he checked this on the computer, but anyway...
What happens when I turn up at the station with it late? Do they drag me to a dark place and play hide the truncheon? It's a hire car, so never had an insurance cover note anyway, but got a temp one emailed over to me today.
Am I criminal of the year?
What happens when I turn up at the station with it late? Do they drag me to a dark place and play hide the truncheon? It's a hire car, so never had an insurance cover note anyway, but got a temp one emailed over to me today.
Am I criminal of the year?
it is an offense not to produce in 7 days from midnight saturday night.
if left, you will recieve a summons with numorous offnces on
driving with out a licence
driving with not MOT
driving with out insurance
what to do im unsure as im going through this right now. I went to the police station late and they told me nothing they can do, wait for the summons. so i did. next think i know, 8 months later i get a letter from the DVLA saying they have been notifed of my new conviction, of the 3 above driving offences. im still trying to sort this out as i can prove i was legal before during and ever since the time of producer...
ideas???
if left, you will recieve a summons with numorous offnces on
driving with out a licence
driving with not MOT
driving with out insurance
what to do im unsure as im going through this right now. I went to the police station late and they told me nothing they can do, wait for the summons. so i did. next think i know, 8 months later i get a letter from the DVLA saying they have been notifed of my new conviction, of the 3 above driving offences. im still trying to sort this out as i can prove i was legal before during and ever since the time of producer...
ideas???
hmm interesting, as technically you were not doing any of those.
Only offence is not producing documents when required leading to a suspicion that you were doing the above. You can't be convicted of something you didnt do - if you were insured for the period, you cant be convicted for not being so, just because you didnt produce the evidence?
Only offence is not producing documents when required leading to a suspicion that you were doing the above. You can't be convicted of something you didnt do - if you were insured for the period, you cant be convicted for not being so, just because you didnt produce the evidence?
Go produce what you have.
They will report you for failing to produce the docs when required to do so.
Unlilkely to be sumondsed to court as a minor offence and as long as its not way over the 7 day limit that will be that.
Sit on it for a couple of weeks and the summonds will have been issued (or information layed)
Just go in asap, get reported and wait.
It would be unlikely to get to court though.
They will report you for failing to produce the docs when required to do so.
Unlilkely to be sumondsed to court as a minor offence and as long as its not way over the 7 day limit that will be that.
Sit on it for a couple of weeks and the summonds will have been issued (or information layed)
Just go in asap, get reported and wait.
It would be unlikely to get to court though.
On dear Windy.....
Seems the trauma of the FPT has put you off from listening. Plod has to make a request to see the Insurance and if you don't produce there and then offence.
But the law allows in cases where you cannot produce there and then for YOU to nominate the Plodshop where you will produce the certificate of Insurance (not a photo copy)with 7 days OR
produce there as soon as was reasonably practicable, then no offence of failing to produce.
I would recommend that you forthwith present yourself at the Plodshop in question and explain your predicament, produce the hiring agreement and copy certificate and point out difficulty in obtaining original certificate.
As you say Plod has certain avenues to check all tickity boo and providing no other offences disclosed then I would expect NFA re fail to produce on this occasion.
But if they do sheet you for the offence is there then it aint a hanging matter. Small fine and NO POINTS.
Advise outcome
dvd
Seems the trauma of the FPT has put you off from listening. Plod has to make a request to see the Insurance and if you don't produce there and then offence.
But the law allows in cases where you cannot produce there and then for YOU to nominate the Plodshop where you will produce the certificate of Insurance (not a photo copy)with 7 days OR
produce there as soon as was reasonably practicable, then no offence of failing to produce.
I would recommend that you forthwith present yourself at the Plodshop in question and explain your predicament, produce the hiring agreement and copy certificate and point out difficulty in obtaining original certificate.
As you say Plod has certain avenues to check all tickity boo and providing no other offences disclosed then I would expect NFA re fail to produce on this occasion.
But if they do sheet you for the offence is there then it aint a hanging matter. Small fine and NO POINTS.
Advise outcome
dvd
I've had it happen before, been a couple of days late with a producer. I just went to the local poilce station, apologised about producing late, showed my documents and they were fine about it. I think the wheels of justice do not turn that fast where a couple of days will make a huge differance. Just don't make a habit of it.
yes, i totally agree, but DVLA couldnt give a shit, they want my licence, the last letter i had from them said if i didnt send it in, it was getting revolked
the courts wont respond to 3 letters now, as its bee a convicted case, police cant or wont do shit....
im at a dead end and its left me facing 6 points, oh, and theres a 380 quid fine inc costs......
the courts wont respond to 3 letters now, as its bee a convicted case, police cant or wont do shit....
im at a dead end and its left me facing 6 points, oh, and theres a 380 quid fine inc costs......
Did you or did you not get a summons?
If so what were the offences?
You have a full Licence?
You had Insurance?
If no summons on what date did you become aware that you had been convicted?
If you were charged with No Insurance then the Magistrates would want to see your driving record because points are involved. The DVLA printout of your record would show the Clerk that you held a Driving Licence so only fail to produce involved.
If you don't produce Insurance then they can charge you with Non (withdrawn if one produced at Court) or alternatively fail to produce - the former gets you points, the later none.
dvd
If so what were the offences?
You have a full Licence?
You had Insurance?
If no summons on what date did you become aware that you had been convicted?
If you were charged with No Insurance then the Magistrates would want to see your driving record because points are involved. The DVLA printout of your record would show the Clerk that you held a Driving Licence so only fail to produce involved.
If you don't produce Insurance then they can charge you with Non (withdrawn if one produced at Court) or alternatively fail to produce - the former gets you points, the later none.
dvd
Edited by Dwight VanDriver on Monday 29th October 16:34
Dwight VanDriver said:
Did you or did you not get a summons?
If so what were the offences?
You have a full Licence?
You had Insurance?
no summons recievedIf so what were the offences?
You have a full Licence?
You had Insurance?
the above named offences although i need to 100% check on that
full licence held, was clean
yes insurance held
also car does not require MOT
all of this is checkable and retracable, but how would i go about doing this to get the issue sorted without getting my licence revolked
Someone run into me on a petrol station forecourt (into me, bodily, not my car)......I called the police after he had driven off and I got a producer........I was livid and purposly didnt produce for a month, I never heard a thing about the producer, and come to think of it very little about the offender either
POORCARDEALER said:
Someone run into me on a petrol station forecourt (into me, bodily, not my car)......I called the police after he had driven off and I got a producer........I was livid and purposly didnt produce for a month, I never heard a thing about the producer, and come to think of it very little about the offender either
Standard practice when filling in accident report in, since it would be rather poor form months down the line when prosecuting party 2 to find out that party 1 had no docs! Put your teddy back in the pram and get over it.carrotchomper said:
POORCARDEALER said:
Someone run into me on a petrol station forecourt (into me, bodily, not my car)......I called the police after he had driven off and I got a producer........I was livid and purposly didnt produce for a month, I never heard a thing about the producer, and come to think of it very little about the offender either
Standard practice when filling in accident report in, since it would be rather poor form months down the line when prosecuting party 2 to find out that party 1 had no docs! Put your teddy back in the pram and get over it.
I don't understand (if you are a pedestrian) why you would be issued a producer under the circumstances you describe?
E666
If you have been convicted of those offences and did not receive a summons or any information of your Court case then within 21 days of the fact coming to your notice of the conviction you can apply to have those proceedings annulled. The request has to be made to the Magistrates Clerk.
I would suggest that firstly you speak to the the Court office where your conviction is lodged to confirm the case against you was held and the information you post is the first reference is from the DVLA who may have made a mistake.
Once the convictions have been confirmed I would slso suggest you speak to a Solicitor from CAB to guide you through the process.
If the case in annulled then you will be re-summoned when you can present evidence that your documents were in order taking away the offences to which points can be allotted. Left could be the fail to produce, paltry fine and NO points.
dvd.
If you have been convicted of those offences and did not receive a summons or any information of your Court case then within 21 days of the fact coming to your notice of the conviction you can apply to have those proceedings annulled. The request has to be made to the Magistrates Clerk.
I would suggest that firstly you speak to the the Court office where your conviction is lodged to confirm the case against you was held and the information you post is the first reference is from the DVLA who may have made a mistake.
Once the convictions have been confirmed I would slso suggest you speak to a Solicitor from CAB to guide you through the process.
If the case in annulled then you will be re-summoned when you can present evidence that your documents were in order taking away the offences to which points can be allotted. Left could be the fail to produce, paltry fine and NO points.
dvd.
Dwight VanDriver said:
If you have been convicted of those offences and did not receive a summons or any information of your Court case then within 21 days of the fact coming to your notice of the conviction you can apply to have those proceedings annulled. The request has to be made to the Magistrates Clerk.
You would need to contact the court and apply to have the decision(s) set aside under s.142 Magistrates' Court Act 1980. s.142(1) empowers a magistrates' court to vary or rescind a sentence if it appears in the interest of justice to do so. The key use of this power is to remedy situations where illegal sentences have been inadvertently passed to defendants.
As DVD has pointed out, court staff should talk you through the process.
s.142 MCA 1980 said:
142. Power of magistrates' court to re-open cases to rectify mistakes etc.
(1) A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
(2) Where a person is convicted by a magistrates' court and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.
(1) A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
(2) Where a person is convicted by a magistrates' court and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct.
carrotchomper said:
POORCARDEALER said:
Someone run into me on a petrol station forecourt (into me, bodily, not my car)......I called the police after he had driven off and I got a producer........I was livid and purposly didnt produce for a month, I never heard a thing about the producer, and come to think of it very little about the offender either
Standard practice when filling in accident report in, since it would be rather poor form months down the line when prosecuting party 2 to find out that party 1 had no docs! Put your teddy back in the pram and get over it.POORCARDEALER said:
carrotchomper said:
POORCARDEALER said:
Someone run into me on a petrol station forecourt (into me, bodily, not my car)......I called the police after he had driven off and I got a producer........I was livid and purposly didnt produce for a month, I never heard a thing about the producer, and come to think of it very little about the offender either
Standard practice when filling in accident report in, since it would be rather poor form months down the line when prosecuting party 2 to find out that party 1 had no docs! Put your teddy back in the pram and get over it.Not normal to issue producer to pedestrians...
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