Fixed Penalty Notice - No Seatbelt

[LinkinCass]

Hi all, I'm new to this forum, I joined specifically just to have this query answered,

so any advice is much appreciated.

 

I was pulled over tonight driving from my in-laws to my home,a very short trip, with no seatbelt on.

Yes, I should have been wearing it regardless of the speed I was going or the distance

I was travelling but I just simply didn't put it on.

 

The policeman said that he was giving me a fixed penalty notice of £100.

£100 a couple of weeks before Christmas that I cannot

- in any way, shape or form - pay in one go.

 

 

I was told that I cannot pay in instalments,

and that if I don't pay within 28 days it will be passed on to the court.

 

I hold my hands up and acknowledge that I should have had my seatbelt on,

but really ... really ... £100? ...

what purpose does me paying £100 serve?

it is ridiculous.

 

 

Surely the government cannot justify the amount they charge people by saying

it serves as a deterrent for future traffic offences.

 

 

Put me on a 3 hour driving awareness course and make me pay for the tuition costs i receive

- that is more than a suitable and effective deterrent.

 

 

Taking £100 off people is robbery.

 

 

I've just had to pay £20 to update my photocard driving license,

when changing things like name and address on your license are free ..

. how is updating a photo a worthy of a £20 fee when updating the text on the document free?

 

the officer SAID he was giving me a £100 penalty notice,

but has actually written no amount on the FPN itself.

 

 

I have essesntially signed to say that I will pay (blank) within 28 days

or they will increase the charge by 50% and pass it over to the court.

 

 

Seeing as though I've signed the notice,

the policeman has written the notice,

but there is no amount stated on the notice,

 

 

is there any way that this could serve as a request to pay zero?

 

Thanks in advance for taking the time to read this.

[renegadeimp]

It;s a deterrent. Normally though you should be able to pay it according to your means, although you may have to go to court to show them your circumstances. remember, these amounts are set in statute, and have recently been raised because people though it was a joke.

 

regarding the blank amount, sit tight and wait for the regulars to come and advise.

[Aretnap]

If you point out the error to the ticket office there's a chance that they'll cancel it

- it's not unknown

- but they don't have to, and if push comes to shove it won't provide a defence.

 

 

An error on a FPN doesn't change the fact that you were driving without a seatbelt

and the amount is fixed by statute at £100 so you can't pay £0 and claim you've paid it.

Well, you could, but you'd just be laughed at.

 

There is indeed no option to pay the FPN by instalments.

It's an alternative to going to court

you can't persuade the police to cancel it

and you can't afford to pay it within the time allowed

you can tick the box requesting that the matter be dealt with by a court appearance instead.

 

 

In court you could expect a fine of around a third of your weekly post tax income if you plead guilty,

and you would be allowed to pay by instalments.

 

 

If you're on low income this might actually be less than the £100,

though court costs would be added and might still make it more expensive overall.

[filrobbo]

This is what's up with the law when did a police officer become a judge and jury,police are there protect and serve the public and they took a oath to do that.

[renegadeimp]

This is what's up with the law when did a police officer become a judge and jury,police are there protect and serve the public and they took a oath to do that.

 

Which they are doing and have done by issuing a FPN for breaking the law.

[Kiki1]

The policeman said that he was giving me a fixed penalty notice of £100.

£100 a couple of weeks before Christmas that I cannot

- in any way, shape or form - pay in one go.

I was told that I cannot pay in instalments,

and that if I don't pay within 28 days it will be passed on to the court.

 

28 days puts the final date for covering the cost quite a bit beyond the Yule festivities, so you have plenty of time.

 

Thanks in advance for taking the time to read this.

 

 

You are most welcome

[citizenkain]

that's the joys of driving,seat belt law has been live for 30 years now!,some folk just need encouragement...

[Conniff]

This is what's up with the law when did a police officer become a judge and jury,police are there protect and serve the public and they took a oath to do that.

 

 

Bit of a silly thing to say, it is a criminal offence not to wear a belt and he was upholding that law.

 

 

Taking £100 off people is robbery.

 

 

The harder it hits the more likely you are to remember and not repeat offend. Just because it was a short distance doesn't mean you couldn't have an accident and sustain a serious injury.

[LinkinCass]

Bit of a silly thing to say, it is a criminal offence not to wear a belt and he was upholding that law.

 

 

 

 

 

The harder it hits the more likely you are to remember and not repeat offend. Just because it was a short distance doesn't mean you couldn't have an accident and sustain a serious injury.

 

I acknowledge this and agree. But a £100 penalty? Why take money? Why not points on my licence or attend a roaf safety course, both of which would be a suitable deterrent. It's a disgrace.

 

Thanks everyone who has taken the time to reply.

[renegadeimp]

Its a deterrent. And it works.

 

Simple as that.

[LinkinCass]

Its a deterrent. And it works.

 

Simple as that.

 

It works because people like you agree to it. Everything we do these days comes with a government imposed cost. We are taxed on our every move. What will the government do with my £100? Use it to pay our MP's 10% payrise? Where does all the money obtained from these levys and charges go? It is completely immoral.

 

The crime does not warrant the penalty. Its as simple as that.

 

Getting back to my original query ... I have read that if a fixed penalty notice issued by the council has an error on it it can be cancelled or deemed void. Does anyone know if this applies to all FPN?

 

Again ... I know I should have had my seatbelt on, we are not disputing that here. My question is if a wrong / no amount is stated on my PCN, am I legally bound to pay only what is stated on the notice?

[sailor sam]

I acknowledge this and agree. But a £100 penalty? Why take money? Why not points on my licence or attend a roaf safety course, both of which would be a suitable deterrent. It's a disgrace.

 

Thanks everyone who has taken the time to reply.

 

So you need a course to be shown how to put a seat belt on??

[LinkinCass]

So you need a course to be shown how to put a seat belt on??

 

What is the purpose of your post?

 

My point is that having to attend a road safety course pertains to the offence. It is relevant.

 

Having to pay an amount of money, £60, £100, £500 ... whatever amount, has no relevance at all to any offence unless damages or some other cost-related incident occurs.

 

The fine is unjust. That is my quarrel. If you don't have anything relevant to say yourself, don't say it.

[sailor sam]

Your opinion of the fine being "unjust" is irrelevant. Fixed penalty is currently £100. Maximum fine is £500. So you could challenge it by having your day in court and see if they will send you on a 'course'. That though, may cost almost the same as the penalty itself PLUS you run the risk of no being given that option and the process costing you more. I would check with a solicitor to see if there is any likelihood of a course being offered.

 

It would of course be nice if we could all decide on our own penalties but unfortunately it doesn't work like that.

[Surfer01]

If you had been involved in an accident and sustained worse injuries due to not wearing the seat belt, who would be paying the NHS for treatment for your injuries?

[Desperate Daniella]

If you go to Court and plead guilty, give details of your financial situation and have a court I&E form ready to take in with you, the judge may well allow you to pay by instalments. But if he thinks you could actually afford it in one go he may say you have to pay the whole thing immediately.

[LinkinCass]

Your opinion of the fine being "unjust" is irrelevant. Fixed penalty is currently £100. Maximum fine is £500. So you could challenge it by having your day in court and see if they will send you on a 'course'. That though, may cost almost the same as the penalty itself PLUS you run the risk of no being given that option and the process costing you more. I would check with a solicitor to see if there is any likelihood of a course being offered.

 

It would of course be nice if we could all decide on our own penalties but unfortunately it doesn't work like that.

 

Do you honestly think that for someone to not wear their seatbelt, charging them £100 is justifiable?

 

If I went on a 'course', why do you feel that the cost should be similar? What possible cost could there actually be to run a safety awareness course? 10 people attend a 3 hour SAC and pay £100 each ... £1000 for a 3 hour course?

 

There are many ways for the police and government to enforce the law, make a point and change someones thinking about a situation. The fines are just a way of grasping even more money out of our hands.

 

Like I said earlier, I'm not here to discuss what is just and what is unjust - there is clearly going to be a division of opinion over matters like these and I respect them all, I just don't agree with them all.

[filrobbo]

No It not they should report you for the crime and then it's up to a judge to find you guilty or not that's what the law states, you can only be fined by a jubge,in a court of law.

[LinkinCass]

If you had been involved in an accident and sustained worse injuries due to not wearing the seat belt, who would be paying the NHS for treatment for your injuries?

 

Me.

 

I pay my council tax. I pay my income tax. I pay my road tax. I pay all otherl taxes imposed upon me and I value the way our system works where others refute it.

 

Paying fines on the road won't go towards healthcare costs in the NHS. We pay for them through other channels.

[Desperate Daniella]

The problem you have here is that it is a "fixed" penalty. It's not discretionary. As far as I can see the only way you'll possibly be able to pay by instalments is by going before a judge.

[marmaris30]

I don't think there's much point trying to argue the morality of the punishment you've been given, or that 'it was only a short trip' either here or in Court (if you don't pay the fine). The offence is a matter of strict liability, and the grounds for a defence are very limited indeed after the event (any medical reasons would have had to be established beforehand). It is compulsory to wear a seatbelt if fitted, and you were not, so there is little room for manoeuvre.

 

So you will have to find a way to stump up £100 or else argue for instalments in Court, with the risk of having to pay more overall.

 

They don't have the option of giving points for this offence because the law applies to all occupants of the vehicle, driving or not. In any case, offence carrying penalty points always also carry a fine.

 

For what it's worth, I reckon you'll be making absolutely sure from now on that you and all your passengers are wearing seatbelts before you move off. This saves lives, and reduces the burden on emergency services workers who come and clear up the mess afterwards.

[Conniff]

Do you honestly think that for someone to not wear their seatbelt, charging them £100 is justifiable?

If it saves your life, then yes of course it's justified.

 

 

This thread is going around in circles. No one has any idea what answers you want and you will not get anyone to agree with you, the fine is fixed, so pay it.

 

 

I think as this is going absolutely nowhere and all it's looking for is a way to justify breaking the law and wanting other to agree, I'm closing it before it turns into a slanging match..

Edited December 9, 2013 by Conniff