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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience:  Over 5 years in practice
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i got a fixed penalty for driving in a restricted area ( eg

Customer Question

i got a fixed penalty for driving in a restricted area ( eg for buses and taxis) , there was at least 10 cars stopped in the 20 mins i was sat there. the only sign for this restriction was as you went in to resticted area for which i went back a few days later to take photographs of the roads leading up to resticted area. also when i've received the fixed penalty notice my registration is wronge by two letters. wanted to know if it's worth taking to court? thanks
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.

Was this issued by CCTV?
Customer: replied 3 years ago.


no, it was a police women, sat in the restricted zone

Expert:  Jo C. replied 3 years ago.
Whats the offence on the FPN?

Also, what are the errors ?
Customer: replied 3 years ago.

alleged offence of vehicle fail to comply with a non endorsable traffic sign - detected by means other than acd.


in my rgistration they have a v instead of u and p instead of d.

Expert:  Jo C. replied 3 years ago.
Did she take your details at scene?
Customer: replied 3 years ago.

yes, she took the details from my driving licence and looked at front of van for my regisration number and asked me for make of van.

Expert:  Jo C. replied 3 years ago.
Well, the question is whether she took your personal details.

Its difficult to assess this situation. I think that she must have a record of the right index number somewhere because I suppose the reason that she allowed you to drive away is that you gave the details of the registered keeper at scene. Unless she neglected to do that as well which is possible but not common.

You take the risk here that they don't have an accurate record of your details and can't trace you at the DVLA. Normally these things are enforced by the Council and then they would not be able to trace you.

The question is here whether or not there is an accurate record in her notes. If so, she could try to amend the charge to the correct details. You could introduce the fixed penalty to show the error but where it really goes is another matter since you cannot deny that it was you.

If you can deny the offence because the signs weren't adequate then it might be worth a run in court in the hope that they can't find you. That is possible.

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

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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