3 Points, Should I Fight It???

[GeordieBoy]

As some of you will remember I got 3 points on my license about 8 mths ago. I got done for having bald tyres on my Sierra (they were legal when I left the house). Fair enough the tyres were illegal when I got stopped and so 3 points rightly deserved, however when I sent my license in to get the points put on, it came back as a CU80 which I've been told is for using a handheld device while driving. I was not done for that, infact I had left my mobile at home so could not have been using it. So obviously the officer in the T5 who stopped me has put down the wrong offence code.

Is it worth fighting, and if so who do I see, do I call in at my local police station or see a solicitor? Someone did tell me to fight it after 6 mths, that way if I do get the points removed they cant put back on the points I should of had as its been over 6mths since date of offence. As I only have 3 points, I would therefore have a clean license again.

[V6Exec]

I think most on here would guess which way I would cast my vote

(Edited because I made a boo-boo and got confused with another incident Moral of the story, when starting a reply don't answer the phone then come back - recheck the facts )

First thing I would look into is insurance, when is the renewal due? What increase in premium will you get for the various codes? Talk to a broker, you might be better off with a CU80.

A magistrate's court can only consider an information that is laid within 6 months of the offence, hence the 6 month advice you received earlier. More here on that. It is useful to note that the information must be complete.

There is an extension to the 6 month limit, but they don't appear to apply.

The codes are CU30 or CU80, very similar and prone to error if written badly. If the correct code was put to the court, then it is a matter for the courts and they have the power to correct. However if the incorrect code was put to the court, or an incorrect information was put before the court then that is a different matter.

You need to see the information laid before the court, if it is wrong then you have the option of going after the officer who put the incorrect information to the court. A claim of perjury would be a starting point. If it is correct then it is a matter of the incorrect sentence being passed.

[GeordieBoy]

This isn't about the Drink Drive case, this is completely different.

Its a matter of 3 points.

[V6Exec]

This isn't about the Drink Drive case, this is completely different.

edits made

Fixed penalty notices and convictions.

[jameslxdt]

if you can prove they've given you the wrong conviction then fight it, when they stopped you, did they not give you a producer?

[GeordieBoy]

On the Ticket it looks like the code written is GE38. But on my license its CU80. Insurance wise they both take it up an extra £50, but with a more clampdown on mobile use atm I dont want to have to pay any more extra, espec with it being the wrong affence anyway. I just want to know were I stand if I was to challenge it? Be nice to get them removed, and none put back on giving me a clean license again, but if thats gonna piss the police off and make me more of a target then I'll live with the 3 points. I think the £60 fine is punishment enough as it only costs about £30 to replace a tyre. Paying an extra £50 a year for next 5 yrs or so on insurance seems a rip off and unfair. My insurance is up for renewal on 10th January, so gonna have to tell them about the 3 points. I'm already paying £415 now with 4yrs NCD.

[V6Exec]

That code is not on this list

There is the slip rule in the civil courts, which means that if the court made the error they would correct it. There is a similar provision in the criminal courts, but I cannot find it for the moment.

With an error made by the court; it does not involve the BiB but you will have to keep the conviction (endorsement& points)

If on the other hand the court made no slip and the error was that of the police then there it would be a bit more complex. You would need to demonstrate that the police entered a "guilty plea" on your behalf for the wrong offence and that you are innocent and did not commit the offence the alleged. This may annoy the BiB.

Personally I don't worry about annoying the BiB, provided you have nothing to hide there is nothing they can do and it is then easy to prove misconduct if they target you.

[GeordieBoy]

So even if I challenge it, they will just change the offence code to the right 1. Not much point in challenging it then is there?

[V6Exec]

It depends on who made the error.

If the error is made by the court then they will just change it.
If the error was made in the information put to the court then you have a better chance of getting shot of it.

Phone the court to find out how to view the information and go from there. Also speak to your insurance broker about market trends, do the points matter or the offence code?