Prohibition Notice

[whiteshark]

Get legal advice and keep every bill. You can appeal the decision. You have been stopped and pulled over for having no insurance but you were insured. The officer obviously does not like Sciroccos. You were not stopped for an oil leak, no reasonable cause. 3 Points for an oil leak and a fine seems excessive unless there was a swimming pool of oil. Any reasonable officer would have given you a warning or advisory with an order to tow your car home and get the leak fixed. Your leak would have to be massive for points and a fine. The Driving course usually covers speeding, tyre depth, but not oil leaks! Put your car through the MOT ASAP with no work done if you can.. If it passes its roadworthy, then appeal the decision, clearly stating that you have been given 3 points and a fine yet your car has been proven as roadworthy. Not the same in NI but as Andrew said above, make sure he was an Authorised Examiner (by the Chief Constable). Bummer, good luck.

[scrappy1382]

very curious as to the situation with this....
any updates as of yet ???

[unknownmale]

very curious as to the situation with this....
any updates as of yet ???

Haven't had anything through in the post yet, can be up to 8 weeks apparently. Been using the time to rebuild my engine seeing as I have to get a new MOT. Will be sure to post any updates when I hear something though.

[unknownmale]

Today I got a letter in the post

£100 fine and 3 penalty points if I take a conditional offer. Or I can go to court. :(

Thinking about contesting it, but not sure if it's worth the risk. Fairly sure these things generally don't go well when contested.

[bensspares]

Hi,
Fight it all the way.. It's a revenue raising exercise. They hope you will just roll over & just pay up...The 3 points will effect your insurance

Took my Golf for a mot last week. It's been leaking oil for years. During the test it dropped a small droplet on the floor under the ramp. I asked the mot inspector about it and he said, that it wasn't even worth advising.

[unknownmale]

I know, The car passed the MOT two months before and after...Still haven't replaced the seal so nothing has changed.

I've just read a few stories of people going to court and the fine getting increased. I've already had to spend a fair amount on hiring a car, towing mine, re MOTing etc. I checked Footman James, my insurance will go from £140 up to £320 too!

So unnecessary!

[james butler]

they really should change the system and give you a fine or the points seeing as it has such an impact on insurance.
then the money goes into the coppers pockets rather than the insurers, the least of 2 evils

[mark1gls]

What a pain in the rear and sorry to hear about the problems you are having, that's a big jump up on the insurance, I had a SP30 (speeding in 30 limit) and that made no really difference to my insurance cost.
When is your insurance due? Time to shop around?

So I guess you have re MOTed it and the car passed with the leaky oil seal which they pulled you up on so the car was road worthy all along, so why the fine and points it's so annoying......

[unknownmale]

Insurance isn't due until next July, will have to take a look around!

Exactly! Just put the car back in for an MOT, used a different garage too. So that's two testing stations who have passed it.

[accyimp]

What is the offence that they are fining you for? is it using a vehicle in a dangerous condition?
Don't forget that it is up to 'them' to prove the offence!
I'd be interested to know how the officer gathered his evidence - clean piece of paper under leak, timed on watch? then measured using what? did he/she take photos?
Personally I would elect court and see the evidence, as has already been stated it's not only the fine and points, it is the add ons, like additional premiums in the future.
Good luck.

[unknownmale]

What is the offence that they are fining you for? is it using a vehicle in a dangerous condition?
Don't forget that it is up to 'them' to prove the offence!
I'd be interested to know how the officer gathered his evidence - clean piece of paper under leak, timed on watch? then measured using what? did he/she take photos?
Personally I would elect court and see the evidence, as has already been stated it's not only the fine and points, it is the add ons, like additional premiums in the future.
Good luck.

I came close to doing this as the VOSA rule is a continuous flow of oil or fuel causing a spill of 75mm in diameter in under 5 minutes. The officer did take some photos, but i saw no measuring, and I know the leak was not bad enough to do this.

But I just cannot risk a bad outcome in court if it doesn't go my way, I can potentially be liable for court costs, increased fine up to £5k, double the points and even a temporary ban.

I've also not read one example of someone contesting any offence similar to this and being successful.

Unfortunately at the side of the road I didn't have all the information I have now or i'm sure it wouldn't have gone this far.

So i've just paid the fine and sent my license off...It hurts as I know its not justified :(

[accyimp]

Yes I understand your position fully - it can be a very daunting prospect going to court to argue your case, shame, I think that you would have 'won'.