pcso ripped ticket up/ still got fine !!

[ray316]

My car had ran out of tax 30/11/07 and l had it on my driveway l also had a sorn notification for the vehicle as l was going to sell it. Anyway 5 days later on the 5/12/07 my daughter was taking her car out my driveway and l had to move my car onto the path outside our driveway so she could get out. The path is so wide people park there cars on there all the time so l drove out the driveway onto the side of the path without going onto the road locked up and went in and she went out and took her car off the drive. l was going to move the car back on the drive and as l looked out the window a police community support officer (pcso) was on her radio looking at my car, l went to my front door and she said is this my vehicle and knew my name through being on her radio.l explained l had a sorn it was 5 days out of tax and l was not using it l had just had just put it there so my daughter could get her car out. She had wrote a ticket out and had the top sheet and the backing sheet what goes on the window screen in her hand but said ok if your vehicle is on the driveway by the time l come back down here you will be ok.Anyway l asked her again will l be ok then and she said yes and ripped the ticket up and put it in my bin of which l recovered after she had gone.Today l got a letter from the DVLALO (ENF) saying unlicensed vehicle for that date and time and to pay £60 out of court settlement. l have the ripped up ticket so l presume when she radio through for details they have followed it up. Does anyone know where l stand on this one as she did not produce me a ticket and it was never on the road in the first place.

[ray316]

Could really do with some help and advice folks.

[ScarletPimpernel]

DVLA's 'out of court settlement' letter is an invitation to pay them money so that they won't take it to court. They are taking a chance and hoping that you will pay so they don't have to go through the tiresome rigmarole of proving their allegations, and run the risk of you defending and calling the PCSO as a witness.

[ray316]

DVLA's 'out of court settlement' letter is an invitation to pay them money so that they won't take it to court. They are taking a chance and hoping that you will pay so they don't have to go through the tiresome rigmarole of proving their allegations, and run the risk of you defending and calling the PCSO as a witness.

Thanks for the reply mate. l understand what you are saying but have they still got grounds to charge me a £60 ticket for a ticket l never received as the pcso ripped it up and said forget about it. Or as l presume my details were radioed through to control centre they took control of the ticket fine after not receiving a ticket from the pcso . Can this be done..have they still got the rights to the £60.

[ray316]

Has anyone got any answers to my question please:(

[abdigital]

Do you know which station the pcso is attached to? if so it might be worth going into the station and speaking to the beat manager for your area, and if possible have a friendly chat with the pcso as there may have been a genuine misunderstanding

[Sidewinder]

I agree with the advice above. The ticket was almost certainly produced in triplicate and whilst your copy was torn up, I would imagine that those remaining in the book were not voided and have been processed as part of a batch. The PCSO may have an entry in their pocket book which confirms your version of events.

 

This may end up with you having to opt to attend Court and to present the evidence as stated here. The PCSO would then have to be called and (if she turns up) would hopefully confirm that the ticket should not have been issued.

[green_and_mean]

This may end up with you having to opt to attend Court and to present the evidence as stated here. The PCSO would then have to be called and (if she turns up) would hopefully confirm that the ticket should not have been issued.

 

Surely if that happens the 'evidence' was that the OP had moved the SORNed vehicle onto the road, ticket or no ticket the ''offence had technically taken place so the magistrates would be obliged to find the driver guilty.

[adamna]

The path is so wide people park there cars on there all the time so l drove out the driveway onto the side of the path without going onto the road

Was what I read....

I suppose it depends where you're coming from

[green_and_mean]

Was what I read....

I suppose it depends where you're coming from

 

A vehicle needs to be taxed on the footway as much as it does the street if it a public highway maintained at public expense.