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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70186
Experience:  Over 5 years in practice
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MY SON WAS PULLED IN ON SUNDAY AND HAS RECEIVED A NOTICE

Customer Question

MY SON WAS PULLED IN ON SUNDAY AND HAS RECEIVED A
NOTICE OF ENDORSABLE FIXED PENALTY OF £60 AND 3 PENALTY
POINTS FOR FAILING TO WEAR HIS SEAT BELT. HE HAD ONLY GOT BACK INTO HIS CAR AND HE EXPLAINED THIS TO THE OFFICER. ALSO HIS CAR IS A 2011 CORSA WHICH HAS AN ANNOYING ALARM WHICH GOES OFF AFTER YOU TRAVEL A VERY SHORT DISTANCE. THEREFORE THE OFFICER WOULD HAVE KNOWN THAT THERE WAS NO WAY HE WAS GOING TO DRIVE ON WITH IT GOING. IS IT WORTH HIS WHILE TO TAKE TO COURT AS HE IS ONLY PASSED HIS TEST 14MONTHS AND IS WORRIED ABOUT THE POINTS
MANY THANKS
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Did he fail to wear his seat belt?
Customer: replied 4 years ago.


FOR JOMO1972


 


YES HE WAS NOT WEARING WHEN STOPPED

Expert:  Jo C. replied 4 years ago.
If he was stopped driving then he should have been wearing a seat belt I'm afraid. There's no way around that.

If he accepts he was stopped whilst driving then he has no defence so I'm not sure what could be taken to court.

You can always refuse the fixed penalty fine in the hope that they will forget to summons. That does happen sometimes as they only have six months in which to achieve it.

However, if they do remember then the risk is that the financial penalty would be higher than the fixed penalty sum.

Sorry but thats your position.