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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice.
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there. I bought a car and had it checked by a mechanic a

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Hi there. I bought a car and had it checked by a mechanic a day later and he said it was sound. I booked it in for a service because I wanted to drive it to France over Xmas. The service was booked for that weekend where he was do do all check tyres and all and the invoice shows that.
Anyway the mechanic told me to take the car for a motorway run to clear the cat converter before giving back to him and lo and behold I had a bald tyre and the police stopped me and they were intent on booking me so I had to get recovered home. To be honest I am not worried about the safety thing I know it's dangerous I just did not know and it was not seen by the mechanic cos it was on the inside. I have to send the paper back to admit guilt and I am told u rarely get this sorted. What do you think? Margaret
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.
Hi there is it worth going to court on this basis or just giving in and paying the fine and taking the licence points
If you mean over the vehicle defect point, then pay the fine.
Come what may, this is not a defence. I realise that this is unrealistic but the RTA demands that drivers check over the roadworthiness of their vehicle before they drive. You were driving a vehicle with a bald tyre and the fact that a mechanic should have noticed is not a defence.
If you refuse the fixed penalty then there is always the chance that they may not summons you. That does happen sometimes. It is a risk though obviously.
That is not to say that you cannot complain about this emphatically as he should have noticed. He will probably argue that he was not instructed to do that but you can see bald tyres with the naked eye.
I'm very sorry but that is your position.
Can I clarify anything for you?
Customer: replied 3 years ago.
That's fine I guessed as much just wanted to check. Completely conscious that things need to be checked and did what I thought was right just would never have known myself that the tyre was bald to be honest and it was not visible to me at all. Easy money for them but I do agree better than having an accident I was just so unfortunate !
If I did go to court what sort of costs might I get. Ballpark view would be good.
I also presum the form says you can refuse the points but pay the fine. I never saw that
The points are the same. You only get three points for vehicle defects whether yuou take the fixed penalty or go to court.
Costs would be £85 if you plead at the first appearance. The fines are 75-125% of your weekly income and there is a victim surcharge.
Generally speaking, the financial penalty is higher at court.
Personally I would never take a fixed penalty. I think it is no more than a means of reducing pressure on the courts which is probably not the goal of the motorist. That said, I am comfortable with the risk of having to pay more at court and not everybody is.
Customer: replied 3 years ago.
Ok going to look at the forms tonight and see what to do. I got 6 points on my licence for not wearing a seat belt and it was not me driving. I never knew about it it was my ex husban. Suddenly I got a summons and was told by someone at the court to plead guilty and so I have these.i have been meaning to sort this out but don't know where to start. It was 2 years ago now .
Seems in this case the fine is 100 quid so I pay the 85 to see if I can get off and then the fine gets paid if paying the 85 for the first appearance would be worth the challenge. Do I have to pay anyone else like a solicitor as we'll?
You do if you use a solicitor. But you can always plead by post.
However, there will be a fine in addition to costs. It is more expensive.
Customer: replied 3 years ago.
Oh ok. So the first appearance for 85 is by post? If that is refused you still pay that decision cost plus the fine and the points. After that the 2 nd appearance would be with a solicitor on an hourly rate....presume costs could co to 1 k?
No, £85 is the costs order whether by post or in person.
There would still be a fine.
If you use a solicitor then costs would rack up over £1k. A barrister under public access would be cheaper but probably still about £500 plus VAT
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