Quick questions about a fixed penalty (endorsable offence)

[kmpowell]

The missus got stopped tonight by a traffic officer, after she went over a zebra crossing just as somebody was about to cross.

After following her for about a mile, he stopped her and the TC gave her an instant Fixed Penalty notice which is endorsable, however....

1. In section A the 'offence code' isn't filled out - even though he has scrawled a note in the 'brief description'
2. In section B the TC hasn't ticked any of the document boxes she needs to produce, even though he told her she had to take some doucments when she surrenders her licence

She was clearly upset and doesn't really remember much of what was said. She is now worried about how many points she will get etc.. but surely the TC should have filled out the offence code? Also she is a bit worried about what docs to take to the police station?

Any advice?

Thanks

Edited by kmpowell on Tuesday 13th March 22:13

[vonhosen]

Take what you've got & let them sort it out.

[kmpowell]

vonhosen said:

Take what you've got & let them sort it out.

That's what I thought initially... however (and it is just an afterthought after she told me about the TC's condescending attitude), can an incomplete form be used for prosecution?!?

Edited by kmpowell on Tuesday 13th March 22:20

[R_U_LOCAL]

kmpowell said:

vonhosen said:

Take what you've got & let them sort it out.

That's what I thought initially... however (and it is just an afterthought after she told me about the TC's condescending attitude), can an incomplete form be used for prosecution?!?

Yes it can - the offence code is put on to make it easier for the admin staff to process the ticket, but, on occasion, I haven't had my list with me (it's a long list!) and I've left it off. As long as the offence wording is correct, the ticket still stands.

She should take her driving licence (card and paper part), insurance certificate, and (if the car is over 3 years old) MOT test certificate in to the nominated Police Station within 7 days from midnight tonight. If she doesn't produce, she commits further offences and the matter will be dealt with by summons.

There is a tear-off slip on the bottom of the ticket which deals with payment - all the payment information should be on there.

When she takes her licence in, the desk clerk will take it off her and fill in the licence reciept on the ticket, which will be given back to her. She should keep this, as it serves as her driving licence until hers is returned in a couple of weeks with the points on it.

Edited by R_U_LOCAL on Tuesday 13th March 22:27

[vonhosen]

kmpowell said:

vonhosen said:

Take what you've got & let them sort it out.

That's what I thought initially... however (and it is just an afterthought after she told me about the TC's condescending attitude), can an incomplete form be used for prosecution?!?

Errors on a FPN are not a bar to a prosecution.

She has been given a conditional offer. She can accept it or she can refuse it.
If refused the default position is that a summons would be issued & she would be prosecuted at court on the officers evidence. What offence code was or was not written on the front of the FPN would not have much bearing on the case.

As regards the production of documents that request can be made at anytime anyway.

[kmpowell]

R_U_LOCAL said:

kmpowell said:

vonhosen said:

Take what you've got & let them sort it out.

That's what I thought initially... however (and it is just an afterthought after she told me about the TC's condescending attitude), can an incomplete form be used for prosecution?!?

Yes it can - the offence code is put on to make it easier for the admin staff to process the ticket, but, on occasion, I haven't had my list with me (it's a long list!) and I've left it off. As long as the offence wording is correct, the ticket still stands.

She should take her driving licence (card and paper part), insurance certificate, and (if the car is over 3 years old) MOT test certificate in to the nominated Police Station within 7 days from midnight tonight. If she doesn't produce, she commits further offences and the matter will be dealt with by summons.

There is a tear-off slip on the bottom of the ticket which deals with payment - all the payment information should be on there.

When she takes her licence in, the desk clerk will take it off her and fill in the licence reciept on the ticket, which will be given back to her. She should keep this, as it serves as her driving licence until hers is returned in a couple of weeks with the points on it.

Edited by R_U_LOCAL on Tuesday 13th March 22:27

Thanks for the reply.

I'm certainly not trying to be awkward here, but trying to cover all bases to make sure I am armed with alll the facts;

There is no 'Offence Code' and the 'Brief Wording' really is a scrawl and after looking at it for a few hours now, I still can't work out what it says in part "fail to something something to pedestrian on crossing". Any idea?

Also how many points do you think this will get, and also what points code?

Thanks again.

[vonhosen]

kmpowell said:

R_U_LOCAL said:

kmpowell said:

vonhosen said:

Take what you've got & let them sort it out.

That's what I thought initially... however (and it is just an afterthought after she told me about the TC's condescending attitude), can an incomplete form be used for prosecution?!?

Yes it can - the offence code is put on to make it easier for the admin staff to process the ticket, but, on occasion, I haven't had my list with me (it's a long list!) and I've left it off. As long as the offence wording is correct, the ticket still stands.

She should take her driving licence (card and paper part), insurance certificate, and (if the car is over 3 years old) MOT test certificate in to the nominated Police Station within 7 days from midnight tonight. If she doesn't produce, she commits further offences and the matter will be dealt with by summons.

There is a tear-off slip on the bottom of the ticket which deals with payment - all the payment information should be on there.

When she takes her licence in, the desk clerk will take it off her and fill in the licence reciept on the ticket, which will be given back to her. She should keep this, as it serves as her driving licence until hers is returned in a couple of weeks with the points on it.

Edited by R_U_LOCAL on Tuesday 13th March 22:27

Thanks for the reply.

I'm certainly not trying to be awkward here, but trying to cover all bases to make sure I am armed with alll the facts;

There is no 'Offence Code' and the 'Brief Wording' really is a scrawl and after looking at it for a few hours now, I still can't work out what it says in part "fail to something something to pedestrian on crossing". Any idea?

Also how many points do you think this will get, and also what points code?

Thanks again.

Fail to accord precedence..........
3 points
PC20 (IIRC)

[kmpowell]

vonhosen said:

kmpowell said:

R_U_LOCAL said:

kmpowell said:

vonhosen said:

Take what you've got & let them sort it out.

That's what I thought initially... however (and it is just an afterthought after she told me about the TC's condescending attitude), can an incomplete form be used for prosecution?!?

Yes it can - the offence code is put on to make it easier for the admin staff to process the ticket, but, on occasion, I haven't had my list with me (it's a long list!) and I've left it off. As long as the offence wording is correct, the ticket still stands.

She should take her driving licence (card and paper part), insurance certificate, and (if the car is over 3 years old) MOT test certificate in to the nominated Police Station within 7 days from midnight tonight. If she doesn't produce, she commits further offences and the matter will be dealt with by summons.

There is a tear-off slip on the bottom of the ticket which deals with payment - all the payment information should be on there.

When she takes her licence in, the desk clerk will take it off her and fill in the licence reciept on the ticket, which will be given back to her. She should keep this, as it serves as her driving licence until hers is returned in a couple of weeks with the points on it.

Edited by R_U_LOCAL on Tuesday 13th March 22:27

Thanks for the reply.

I'm certainly not trying to be awkward here, but trying to cover all bases to make sure I am armed with alll the facts;

There is no 'Offence Code' and the 'Brief Wording' really is a scrawl and after looking at it for a few hours now, I still can't work out what it says in part "fail to something something to pedestrian on crossing". Any idea?

Also how many points do you think this will get, and also what points code?

Thanks again.

Fail to accord precedence..........
3 points
PC20 (IIRC)

Thanks, appreciated.

[Dwight VanDriver]

...or even :

Home Office Offence Group 819
Neglect of Pedestrian Rights
E1906 Fail to accord precedence - pelican/puffin Xing
E1907 - zebra crossing

Senior moment there Von? Welcome to the club.

dvd