Prohibition Notice

[unknownmale]

So this morning I got pulled over by the police (Apparently my car showed as uninsured for some reason)

After sorting that out one of the policemen starting looking around my car, clearly trying to find something wrong.

Long story short He issued me with a prohibition notice, 3 points and a £100 fine because I have an oil leak.

I couldn't believe it, i've never had any points before, I was aware of the leak, it's not major and passed the mot without issue a couple of months ago.

So not only do I have 3 points on my license and a £100 fine, I also had to pay to get my car recovered to my house and to drive the car again I have to get yet another MOT.

I'm sure he can legally do all of this, but it seems insanely harsh for a small leak.

I was 100% polite with him the whole time too.

I don't know if I should contest this or not, anyone had any experience of this?

[duggers]

What does it say on the ticket, it should have an offence code box. Was it a patrol car or roads policing (RP like to wear their 'Elite' white topped hats and drive big saloons)
Prohibition can only be used in certain circumstances where a vehicle is deemed unroadworthy/dangerous condition.
Pretty sure they have to be an authorised vehicle examiner as well.
If it is a small oil leak and not leaving a trail of oil on the road there would need to be something substantial for it be pinged.

Put the details of the offence and the wording up here and i may be able to clarify things as to what they have deemed needing prohibition.
He should have pointed out the offence and told you exactly what the issue was.

[mr.brown]

No experience of it myself but have you checked on askmid to see if your car is showing as insured?

[scrappy1382]

in the 6 rocco i have had, never had i heard of this before and yet i had constant oil leak problems with the gold gt2 , even so, on hard accelerating it would chuck oil out everywhere and leave plums of smoke in the rear view mirror, hence scrapping it. somethings not quite right here, but then its never happened to me.

[mark1gls]

Got a picture of the oil leak?
Does not sound very fair to me.......

My old engine used to drop oil on the floor for a past time, engine oil and gearbox oil used to leak, got advisories on MOT but I was never stopped by the police.

[bengould]

According to the dvla's lengthy document in prohibition notices. The section that covers oil leaks in cars states.

Continuous flow
Dripping giving rise to a patch in excess of 75mm diameter in 5 minutes (See Note 1)

Note 1; When considering several leaks, due regard must be given to the cumulative effect which could justify prohibition action.

I hadn't ever heard of this either so had to have a nosey and see what i could find.

For those interested
https://www.gov.uk/government/uploads/s ... efects.pdf

Page 124 covers this.


Ben.

[steve bain]

That sounds duff to me. I'd contest it! A copper once started writting me a ticket for 4 'under the limit' tyres. Telling me it would be 12 points so I would lose my license. I was younger and gobby and probably deserved it. As he handed me the ticket I handed him the receipt for 4 new tyres the month before. He 'let me let's telling me I was 'lucky this time'. I hate people with too much power and not enough self control.

[mark1gls]

Keep all the paper work receipts for the recovery of the car, another MOT and your time wasted doing all this if you do contest it and get a refund for all the unnecessary expensive.

[Nate]

The new mot is kinda pointless. An oil leak will just be advised, unless it stops the test being carried out.

We're you driving like a c*** before you were stopped? (Be honest!)

What is the actual offence and code they nicked you for? I'd guess it's a CUxx code?

[GTXTRA]

David.
Was this local to us?

I'm checking with my ex traffic cop brother re. this.
Will pm you with any useful insight.

Sounds extremely harsh.

[unknownmale]

I was driving pretty normally, but they did pull me over as my car flagged up as no insurance, turns out Footman James had messed up somewhere!

But after that got cleared up he was on a mission to find an issue with the car, I actually asked if I had done something wrong as it seemed very strange.

They didn't take the car, they just told me I wasn't allowed to drive it any longer. I had to pay for a recovery truck to pick the car up and take it to my house....For anyone with Footman James, worth checking askmid.com to see if your car shows up as insured!

It was on the A2 near Greenwich/ Blackheath Sean. Yeah, i'll take the fine, but really don't want the points!

The code on the form is POI1469 its a PG9 form. States "Oil leak from engine - continuous flow" I tried to argue that it wasn't a continuous flow, but as you can imagine all that got me was a lecture.

I have a friend who's a Policeman, I'm going to get some advice from him tomorrow, see if contesting it makes it worse.

[scrappy1382]

continuous flow ????? that would be like leaving the bloody sink tap on !!!!! its cops like that , that give the good/decent cops a bad reputation. feel sorry for you being at the heart of a really bad experience. me, i would of refused out right and signed nothing, then called an experienced mechanic and the super intendant down, ( just to be an arse as much as he is towards you )
hope this gets sorted out

[accyimp]

The Officer should identify him/her self as an Authorised Examiner (by the Chief Constable) and have a copy of that authority for examination. The defect must give rise to an IMMEDIATE danger - for example diesel swilling from a truck fuel filler neck will be immediately dangerous to motorcyclists.
The info from Ben is correct as all prohibitable items are listed. I doubt very much that the leak described fits the criteria for immediate prohibition - but I wasn't there and obviously didn't see it.
Speaking from experience, it would be usual to do one or the other not both ie Prohibit OR ticket
It's worth noting that once the prohibition is issued there's not a lot that can be done BUT if you are being fined and receiving points then you have the right to contest the matter and the officer will have to give evidence before the magistrates to prove the case - which is what I'd do - don't pay and plead not guilty.
Cheers
Andrew

[Nate]

Do you have legal protection on your car insurance? This is the sort if thing it would be useful for

[unknownmale]

Spoke to my mate who's a police officer. He reckons i'll get offered to take a driving course to avoid the points, which also seems mental. Got to wait for the letter to come through. Will keep you all posted!