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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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One of my brake lights wasnt working and I was stopped by

Resolved Question:

One of my brake lights wasn't working and I was stopped by the traffic police who then carried out a routine inspection ,where they found I had a wheel nut missing from my near side front wheel, I was then given a fixed penalty of £100 fine and 3 penalty points for driving a van with "dangerous parts and accessories" beat offence code 320 001. The officer told me that with one wheel nut missing it put more pressure on the other 3 nuts and the wheel could shear off and I could veer into oncoming traffic ,or veer onto the pavement hitting a pedestrian,but he allowed me to drive my van back to the garage to get the wheel nut replaced , so I wonder if 1 missing wheel nut is dangerous and if I could appeal the penalty as I think is is a bit harsh.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you prepared to risk costs at court please?
Customer: replied 3 years ago.
Yes I have a clean liiscence and would like to keep it that way
Expert:  Jo C. replied 3 years ago.
Thanks.

Can you tell me the legislation on the FPN?

I presume its S40 RTA
Customer: replied 3 years ago.
Jurisdiction code E.
Beat offence code 320.001
Expert:  Jo C. replied 3 years ago.
Yes, but does it refer to a section of the road traffic act?
Customer: replied 3 years ago.
Dangerous parts and accessories
Expert:  Jo C. replied 3 years ago.
Does it refer to a section at all?


Or is it just silent on the point?
Customer: replied 3 years ago.
Sub division UA.
Expert:  Jo C. replied 3 years ago.
Thanks.

You have been issued with a PND. That is just a fixed penalty fine designed to deal with this matter administratively to reduce pressure on the courts. Nobody can make you pay it.

If you do refuse then the risk is that you could face a requisition to court under this legislation

http://www.legislation.gov.uk/ukpga/1988/52/section/40A

The question though is really a factual one of whether this amounted to a danger. What is a 'danger' is a question for the court although obviously an officer would give evidence on the point and that is something a court would take very seriously.

In truth, I think probably it was the type of thing that he could have just given you an improvement notice over especially as he let you drive away but whether you are really going to find a court that is willing to say that this did not create a danger is another matter.

They may forget to summons you of course. That does quite often happen.

Hope this helps. Please let me know if you need more information.

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
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