SUMMONS TO COURT

[Ash]

Hi Guys,

On the 30th of SEPTEMBER last year I got pulled over by some traffic cops in Hatfield.
I asked them, why’d the pulled me over. Apparently the same description car was reported speeding earlier that day. “yhea F%^in right!”

Unlucky, I got stopped on a slightly inclined hill and they spotted I’d left the car in gear as my handbrake wasn’t in the best of conditions.
To cut the long story short, I was a served a “PG 9” on the spot, which made my car illegal to drive and not road worthy.

30th Sept: (same day): got it towed to a garage and got both handbrake cables changed.

1st Oct (next day after getting pulled over): had to Got a new MOT done to get the PG9 on my car removed. Done that, and thought its over. But no...

Last week a whole 6months later, I got a summons to go to court

“on the 30/09/2004 at 12pm the defendant was a driver of a motor vehicle, examination of which revealed that the handbrake is defective, the defendant was unable to stop the vehicle from rolling away”

Any body now the likely outcome of this? Fines? Points?
I hate this feeling but I think both

[StuartLaws]

You normally have 7 days to get the car repaired, I assume you took your details and receipts for the work to the local station for inspection and they then checked the car to ensure the work had been completed.

If so you should be OK, I had to do the same years ago with my old Manta that they pulled over "because a car matching its description had been seen speeding earlier that evening"

I produced everything to prove the work had been done, included the dates and times I'd gone to the station and the name of the officer that checked the car, walked out 5 minutes later no problems.

You should only have problems if they are using this as an excuse to throw other stuff at you. I could check with some friends that are normally found in blue if you like and get their thoughts.

[waelwulfas]

Couple of points; does the summons state 'such that the vehicle was in a dangerous condition' or similar. If so you're looking at 3 points, nothing too stressful, if not duff handbrake should be a fine only. You can probably plead guilty by post. secondly did the officer examine the handbrake failure himself i.e. can he state that when HE applied the handbrake he was unable to secure the vehicle from movement. If he just asked you what was wrong then seek legal advice.

[blueorb]

You should have been given a 7 day remitance notice to get the work done. The repairer signs the doccumentation which you produce at a police station of choice.

I once had a complete MORON trying to tell me that my motorbike was producing excessive smoke. " Yes officer, its a 2 stroke machine and its still on choke!" He hadn't a bloody clue!

Anyway, went to the bike shop, who had to sign a doccument to say it was fixed/roadworthy. End of.

Did you not have any form to signed by a repairer?

[Fizzy]

first off if its a day over 6 months since you were pulled then your automatically off - NIP must be served within 6 months unless other factors prevail - secontly I have been up on the very same charge (albeit many years ago). Fact is that handbrake strength is measured, must be measured and can not be assumed or guessed - An MOT facility is required for this so unless he can prove that your handbrake did not meet the manufacturers specifications he aint got squat - its not illegal to stop your vehicle rolling away by using the gears! Worked for me, thrown straight out of court - idiots!