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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I HAVE RECEIVED A FIXED PENALTY FOR TINTED GLASS ,THE READING

Resolved Question:

I HAVE RECEIVED A FIXED PENALTY FOR TINTED GLASS ,THE READING WAS 32% I HAVE BEEN TOLD I SHOULD HAVE BEEN GIVEN A PROHIBITION NOTICE TO REMOVE THE TINT CAN I CONTEST THE FIXED PENALTY? I WAS ALLOWED TO CARRY ON AND DRIVE 70 MILES TO MY HOME
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this a s40 offence?
Are you prepared to risk court costs?
Customer: replied 2 years ago.
Relist: Answer quality.
i have stated that i have received a fixed penalty and wish to avoid any costs
Customer: replied 2 years ago.
Relist: Answer quality.
i have stated that i have received a fixed penalty and wish to avoid any costs
Expert:  Jo C. replied 2 years ago.
Would it be possible to give me the information I asked for?
Customer: replied 2 years ago.

This is a S42 offence and iwas hoping to avoid any costs as a pensioner money is tight .Some people recieve a delayed prohibition notice and no further action why is my case any different?

Expert:  Jo C. replied 2 years ago.
Well, that is discretionary and ultimately they are free to exercise their discretion against you.
The penalty or process is at the discretion of the police officer who spots the offence and it depends on whether the actual glass is tinted or if a tinted film is applied.
The offence can be dealt with in many ways.
Verbal Warning
Vehicle Defect Rectification Scheme (VDRS) (better - but the driver has 14 days to correct the fault, during which time they will still be driving around with tints on, presenting a risk to themselves and other road users.)
Fixed Penalty Notice (FPN) (£60 penalty and three points on the licence - doesn't solve the problem though)
Prohibition Notice (can only be served by certain officers - usually traffic types, who carry a little device with them to measure the amount of transmitted light to ensure an offence is being committed)
The Ways & Means Act (probably the most effective - driver is requested to remove the tint immediately, with no financial penalty or points on the licence. One drawback is that once removed, the glue from the film clogs up the window mechanism and is very difficult to get rid of.)
Summons (Lots of paperwork, possibly a day in court for the officer and a chance for the accused to give their side. The only problem is that courts have the power to fine up to the maximum on a particular scale and add points to licences. I think in your case, the maximum is six.)
If you want to contest this then you will have to go to court. There is no other way of doing that. That carries the risk of court costs.
The only way to avoid that is to pay the fixed penalty.
In fairness, if you are of the view that your windscreen complies with the Construction and Use legislation then it makes no sense at all to pay the fixed penalty.
The fact of the absence of the prohibition notice though is not a ground to contest this in itself.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Iintend to plead guilty I have no other choice what i need to know is if goverment guidelines suggest a delayed prohibition notice can a fines office still impose a fixed penalty? it was not the constable who gave me the fpn she allowed me to continue my journey obviously my tinted windows were not that dangerous .Ifeel this is just the fines office after my cash

Expert:  Jo C. replied 2 years ago.
Whatever the Government guidelines say are a non issue. There is no law against doing so.
Actually this type of thing is an issue for officer discretion. One might thing that the right decision is to issue a prohibition notice since that removes the defect rather than punishes the offender but sometimes discretion is exercised incorrectly.
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