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Author: Subject: Police, total over reaction?
scotty g

posted on 26/2/07 at 06:29 PM Reply With Quote
Police, total over reaction?

Read this and tell me what you guys think.
My wife was driving home this evening in the tintop when she got pulled over by a police car, The police officer (a WOMAN) asked her the usual questions which my wife answered politely.
Turns out she had a tail light out and didn't realise, she explained to the officer that she was supprised by this as the car has only just passed its MOT
Now i have been pulled over countless times over the years for offences greater and lesser than this and in my experience for this sort of thing it is nearly always a producer gets issued and you go on your way.
My poor wife who is currently in floods of tears over this got 3 points and an £80 fine!
Tell me if i'm wrong but this seems like a totally over the top reaction froma jumped up b1tch on a power trip!
I'm thinking of taking it to court.
cheers.

[Edited on 26/2/07 by scotty g]

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oliwb

posted on 26/2/07 at 06:31 PM Reply With Quote
Seems a bit harsh, but not sure you'd win in court. They'd probably just adopt a rules is rules type of stance. Oli.





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stevec

posted on 26/2/07 at 06:32 PM Reply With Quote
The mind boggles.
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emsfactory

posted on 26/2/07 at 06:33 PM Reply With Quote
that seems a bit OTT.
Maybe she was running low on ticket for the week.

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scootz

posted on 26/2/07 at 06:34 PM Reply With Quote
Hmmm, are you sure she got 3 ponts and an £80 fine?

You can't get points for a lighting offence and the maximum fixed penalty for a lighting offence would be nowhere near £80.

Either she's misunderstood the 'punishment' or she's done something else and not told you about it.

Either way... bad luck!

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auzziejim

posted on 26/2/07 at 06:35 PM Reply With Quote
did she check the lights at the beginning of the journey?

im sorry it is a massive over reaction but by the letter of the law lights should be checked every journey as far as i am aware.

i do feel for your wife and simply cannot stand jumped up coppers thinking they are better than the common man on the street they make the whole force look like scum.

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shortie

posted on 26/2/07 at 06:36 PM Reply With Quote
Seems a bit harsh to say the least!!! What about popping into the police station or phoning tommorrow and asking to speak to someone in charge and making an official complaint.

I would say with this one you would have a very good chance of winning if you went to court as it is totally over the top and at the end of the day the judge is only human.

Totally different to a speding fine which I'd say not to bother but with this I'd go for it.

Good luck,
Rich.

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shortie

posted on 26/2/07 at 06:38 PM Reply With Quote
quote:
Originally posted by auzziejim
did she check the lights at the beginning of the journey?


Sorry mate, I know it's the letter of the law but say she did check them, nothing to say the bulb didn't blow on the journey so I'd say you'd have a very good chance in court.

Rich.

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CraigJ

posted on 26/2/07 at 06:42 PM Reply With Quote
I only got 3 points and a £60 fine for speeding the other week so yes its deff ott






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coozer

posted on 26/2/07 at 06:43 PM Reply With Quote
I thought they issued you with a ticket that you had to take to a MOT station when you've fixed the light within 14 days.
They then stamp it and you go back to the pig shed and show them that??

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Avoneer

posted on 26/2/07 at 06:43 PM Reply With Quote
If I remember, I'll ask at work tomorrow.

I do seem to recall that defective lights are endorsable though.

Pat...





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Jon Ison

posted on 26/2/07 at 06:45 PM Reply With Quote
This sort of thing makes my p155 boil.

Easy target I'm afraid, at worst she IMHO should have got one of those 14 day put it right notices, the ones where you have too go too an MOT station too get it stamped too say the fault as been rectified.

Sorry, you and your wife have my full sympathy on this one.

Worth going onto piston heads legal bit and see what the points/fine should be for a lighting offence, I don't know what it is myself.

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Johnmor

posted on 26/2/07 at 06:51 PM Reply With Quote
I pretty sure you can get points for a lighting offence, my mate got three points for have a chip that created a hole in the headlight.
What realy pissed him off was that the headlight was working and he was pulled over for alledged speeding but never received a speeding ticket.

A colege of mine was done in the same way but the cop that stopped him had a tail light out.
Mate followed him to the station requested the desk sargent and insited the cop was charged with the offence.
They did too,
I think he had to mind his back for a while after that one.


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jamesbond007ltk

posted on 26/2/07 at 06:51 PM Reply With Quote
Really sorry to hear this mate. Massively OTT in my mind. Problem is i think the copper has basically done exactly what she can under the law, other than the fine. IIRC defective lights is a fixed point penalty at the most. Which is 3 points and £60. Pretty sure the £80 is wrong.

Whether she was intentionally driving a vehicle with a defect is not an excuse in UK law.

Difference is that most coppers use their disgression and issue the 14day rectification notice thing.

IMHO not worth going to court. But i would query the £80 fine as i am sure it should be £60.

Rich

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scootz

posted on 26/2/07 at 07:04 PM Reply With Quote
Just checked... a lighting defect is definately a NON endorsable offence - no dispute... it can't be done.

It carries a maximum fine of £30, but is usually dealt with by a V-Rec (get charged, get it fixed, get V-Rec form stamped by a Tester, get charges dropped).

Either the Cop has given her the wrong ticket, or there's more to this story. Either way, there is no configuration of Road Traffic Offences that can lead to a total roadside fine of £80 - it's either a £30 or £60, or £30 increments thereafter.

PS - I'm not a Copper!

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speedyxjs

posted on 26/2/07 at 07:05 PM Reply With Quote
Thats well out of order . she should have said that they were working before she set off because the highway code says that you sould check your lights before every journey (not that anyone does!).





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scotty g

posted on 26/2/07 at 07:05 PM Reply With Quote
the plot thickens, i phoned Kent police to complain, it turns out that she never gave any paper work to my wife which they are legally obliged to do.
Also, the B1tch in blue was a black woman (no i'm not racist) and having looked into it there are no black female officers in the Kent police force.
They are on their way round to ask some questions as they think it could be imposters. Trouble is my wife told them where we live, where she works, what hours she works and even that she is the shop manager and holds the keys!

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scottc

posted on 26/2/07 at 07:06 PM Reply With Quote
http://www.karacare.co.uk/law.html

2. Non-Endorsable Fixed Penalty Offences

None of the following offences carry Penalty Points. The policy is to Prosecute, issue a Vehicle Defect Form or give a Verbal Warning

Lighting offences - Prosecutable:

Show red light to front
Show light other than red to rear
Vehicle fitted with unauthorised warning beacon
Vehicle not fitted with specified obligatory lamps
Specified obligatory lamps not correctly fitted
Optional lamps do not comply with regulations
Unlit projecting/overhanging load
No additional side marker lamps
Lamps, reflectors, rear markings not maintained
Hazard warning devices not maintained
Fog/Reversing lamps not maintained to prevent dazzle
Lamps not positioned - poor visibility/dark
Lamps not positioned - lit area stationary/dark
Failure to use headlamps on an unlit road at night
Headlights/front fog lights unlit - poor visibility
Lamps not showing steady light
Failure to fit obligatory warning beacon
Failure to use obligatory warning beacon
Obligatory lamps and reflectors obscured

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jamesbond007ltk

posted on 26/2/07 at 07:08 PM Reply With Quote
Now its getting rather interesting!

But particularily worrying


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hearnia

posted on 26/2/07 at 07:16 PM Reply With Quote
Where abouts was she booked? I'm only down the road in Ashford.





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scotty g

posted on 26/2/07 at 07:23 PM Reply With Quote
half way between Dover and Folkestone.
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scottc

posted on 26/2/07 at 07:25 PM Reply With Quote
Did you ask the police if they'd 'mislaid' a police car recently?
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Catpuss

posted on 26/2/07 at 08:08 PM Reply With Quote
quote:
Originally posted by scotty g
the plot thickens, i phoned Kent police to complain, it turns out that she never gave any paper work to my wife which they are legally obliged to do.
Also, the B1tch in blue was a black woman (no i'm not racist) and having looked into it there are no black female officers in the Kent police force.
They are on their way round to ask some questions as they think it could be imposters. Trouble is my wife told them where we live, where she works, what hours she works and even that she is the shop manager and holds the keys!


Expect a turn over of your house to occur in the not too distant future, or for her to get a mugged in her car.

Wonder if they have been casing her place of work, or if this is some other new technique being used for id theft.

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mistergrumpy

posted on 26/2/07 at 08:14 PM Reply With Quote
Erm, I have a non endorsable fixed penalty notice book for £80 tickets and I'm sure as sh1t that lighting defects aren't on it. I'd have to check. Its not a £50 either so I'm guessing, if anything, it may be a £30 one as that is riddled with vehicle codes. I can go and get a book tomorrow and check it and give you the code, unless you wanna give me the code thats on the ticket that your wife got and I'll see what it says.






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scotty g

posted on 26/2/07 at 09:12 PM Reply With Quote
Thing is she was never given any paper work or asked to sign anything, in fact no notes were taken at all.
just had the real police round, they think its either bogus police or the real deal just being very incompetant, either way there will be no points and no fine.
Even the officer thats just been said that if it was legit he would not pay it due to it being so OTT.
Think i'll get some extra locks fitted for peice of mind.
cheers.

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