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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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I was pulled up by the police a few months ago and he informed

Customer Question

I was pulled up by the police a few months ago and he informed me that he was going to deal with the offence with a fixed penalty ticket for £100 and three penalty points, i disagreed with his version of events and said that i would not accept his accusation to which he replied that he would be informing the crown prosecution service which would mean that i would be able to defend myself in court. i have been waiting for my summons and today received a phone call from a friend who said there was a letter at his house from the court with details of a fine that i am supposed to pay. i have never lived at the address the fine or summons were sent to and the police took my details off of my licence including my current address. do i have any grounds to appeal 1 the fine and 2 the penalty points?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hello, what was the alleged offence?
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

careless driving , I overtook a slow car on a clear road with an oncoming police car about 1/4 of a mile away, there was plenty of room to carry out my manoeuvre without causing any motorist to take any action. the policeman said i forced him to stop which i did not.

Expert:  Jo C. replied 2 years ago.
Thanks.
Are you prepared to risk costs?
Customer: replied 2 years ago.

Yes within reason

Expert:  Jo C. replied 2 years ago.
OK.
In relation to appeal, you just refuse the fixed penalty and invite them to summons. All you have to do to achieve that is to fail to pay.
However, that isn't something you should be doing lightly. Even if you do disagree with their version of events it might well be that yours amounts to an offence anyway and further there is always the risk the court would believe them rather than you. That does quite commonly happen. With disputes between police officers and members of the public normally officers win.
If you want to give me more information about the nature of the offence I will be able to offer more.
Jo
Customer: replied 2 years ago.

I was driving along a single carriageway road in dry conditions with good visability I was following a driver who was on his phone and kept slowing down to about 35 mph I came over the brow of a hill and after letting a car in the opposite direction pass I had approximately half a mile of clear road in which to make an overtaking manoeuvre I accelerated and while overtaking a marked police car came over a brow he was about 300 yards away. I completed my overtake and pulled back on to my side of the road the police car was still over 100 yards away. He did not have to stop and continued his journey until he turned around to put his lights on and persue. I pulled over as soon as I realise he wanted to talk to me and I gave him my licence with my current address on. He informed me that he thought my driving was careless and he could deal with it using a fixed penalty notice of £100 fine and 3 penalty points I said my driving was not reckless and I disagreed with him he said that I forced him to a stop. I said that he didn't stop so he read me my rights asking if I had anything to say that could be used in court I said that my manoeuvre was safe and did not cause any other road user to take any action. He told me that he would be reporting me for the offence of careless driving. I have waited over 3 months for my summons but none has arrived. Today I recieved a phone call to say a letter had been delivered to an address I have never lived at but I know the people who live there. They said that it was one from the courts I asked them to ope it and they said I had been fined and given 7 penalty points the fine with costs are over £900 . I have never had a summons so I was unable to Turn up to court to defend myself as the summons was sent to the wrong address as well as the conviction notice

Expert:  Jo C. replied 2 years ago.
Was the overtake on the brow of the hill?
Customer: replied 2 years ago.

No the road goes over a brow and runs straight for half a mile before rising to another brow there are no junctions entering the road and there are small single broken lane markings until approximately 75 foot of the brow at either end where they are both left hand lane broken right hand lane solid

Expert:  Jo C. replied 2 years ago.
In that case, it is going to come down to a dispute between your evidence and his.
You are taking a massive risk by taking the matter to court. You could lose and if you do then you will face costs.
Customer: replied 2 years ago.

But surely as it has gone to court I should have recieved a summons to the address I gave?

Expert:  Jo C. replied 2 years ago.
If it is a summons rather than an FPN then just will have written to the address with the DVLA which is all they have to do.
To appeal that you would have to submit an appeal notice within 21 days of sentence but be aware of the risks of costs.