"33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

[Nicky S]

This is getting silly FB go get legal help now!!!!!!!!!!

Been a a similar situation regarding police not knowing the law. Got stopped at services. (The stop was fair enough, minor defect on vehicle). Was asked to produce licence. Couldn't as was still waiting for licence to be returned by DVLA following 3 month ban. Was told straight away I was illegally on the road. I argued the fact (correctly) and even told the officer I could show him the webpage on DVLA website which states I could drive before receipt of licence so long as I had already requested to have licence back. I followed this action up by calling DVLA and confirming with them I was able to drive. Explained to officer this was the case. He called his Traffic Sgt who stated this was incorrect and to proceed with the ticket. I then asked if they would call DVLA right there and then. DVLA would be able to confirm I WAS lawfully allowed to drive. He said he wasn't allowed to call them.

So I was issued the ticket and given a producer. After 7 days my licence still had not turned up so went to the police station anyway and explained to them. They just said all I had to do was after receiving the licence to go back and produce it and all would be good. A week passed, licence finally made it through the letterbox and I produced it. The original PC had also made enquiries of his own, called me and confirmed DVLA stated I was legally allowed to drive. I then get a court summons for failing to provide my licence within the 7 days and am charged with Driving not in accordance with my licence. A call to the PC again and he confirms the paperwork will find it's way back to him where he will give his findings to the court and the court case will be quashed. To date I have not had any notification of this and for all I know there is now a warrant for my arrest for failing to attend court for a crime I did not commit.

All of this carp, because one Police Sgt (Traffic) did not know his facts. Oh and the little point that one single phone call to DVLA by the police at the time would have sorted everything out. The original offence for which I was stopped (loose wire in rear light) was never even mentioned. Proof of insurance, tax and MOT was all confirmed at the time as was the fact my ban duration had already expired.

So I can feel for the OP. It's a balls ache process and makes you feel really f'ked off with the police when you know you have done nothing wrong, but because they (the police) can't decide what the law is, have to go through barrels of carp for no good reason.

[Red Herring]

In fairness Stig I don't think that was a case of the police not knowing the law, it was simply a case of them not making the right enquiries, which I not sure is any better!

With regard to you getting the letter that is because most forces have a semi automated system run by civilians. The officer issues the producer, his copy goes to the ticket office and gets entered onto the computer, seven days later the system hasn't received confirmation of production so automatically sends out a reminder to the driver (certainly in our force it's a reminder, you wouldn't have got a summons to court). A short time after that the system generates an enquiry back to the officer involved telling them you haven't produced so they can then submit a process file. If in the meantime the officer confirms no offence (as in your case) they simply tear up the reminder and job finished. The case would never have even got to CPS, let alone a court, so chill out, there's won't be a summons or warrant out for you....

[timwilky]

Similarly I got done for not producing my licence, (did not know I had lost it until asked to produce). The court summons included the fact that I did hold a full license for the class of vehicle I was driving at the time). Jobs worths. and £25 lighter

Originally Posted by Red Herring

In fairness Stig I don't think that was a case of the police not knowing the law, it was simply a case of them not making the right enquiries, which I not sure is any better!

With regard to you getting the letter that is because most forces have a semi automated system run by civilians. The officer issues the producer, his copy goes to the ticket office and gets entered onto the computer, seven days later the system hasn't received confirmation of production so automatically sends out a reminder to the driver (certainly in our force it's a reminder, you wouldn't have got a summons to court). A short time after that the system generates an enquiry back to the officer involved telling them you haven't produced so they can then submit a process file. If in the meantime the officer confirms no offence (as in your case) they simply tear up the reminder and job finished. The case would never have even got to CPS, let alone a court, so chill out, there's won't be a summons or warrant out for you....

Thanks for the info. It was not a summons to court but a notification of court proceedings. I didn't get a reminder. When I went to the police station at the end of the initial 7 days and explained the situation I was just given a reference from the log book to which I could refer to when I finally got my licence back and could then produce it.

On the notification of prosecution it did state the court would listen to the police officers evidence but the court would make the decision to prosecute regardless of what evidence was given. I have already decided the court would would make the decision not to prosecute and already thought I would probably not recieve any notification of this. Another little thing which I find annoying. But there we are. I guess they (the courts people, not the police) have better things to do than let us know no action is being taken.

[Red Herring]

I think it's very easy for police officers and those involved in dealing with these processes on a daily basis to forget how such things can play on an individuals mind. One of the things I see on this forum all the time is how people get all wound up and concerned over what is in reality nothing, but because they don't understand how things work they see it as a big deal. The system does need to learn to appreciate this and make a bit more effort to make sure folks understand what is going on!

Originally Posted by Red Herring

I think it's very easy for police officers and those involved in dealing with these processes on a daily basis to forget how such things can play on an individuals mind. One of the things I see on this forum all the time is how people get all wound up and concerned over what is in reality nothing, but because they don't understand how things work they see it as a big deal. The system does need to learn to appreciate this and make a bit more effort to make sure folks understand what is going on!

I see what you are saying, but if someone took my bike off me for this period of time without giving what I see as a reasonable explanation, I'd want to make it a big deal. Some people use them as primary transport and not just toys so need their bikes to get to work etc

The only thing I would have been 'worried' about in the OP's original 'report' is the fact my bike had been taken from me without any 'proof' of where it had gone. He now knows that his bike is safe (until the proposed 'test' has been completed) and once it has been tested, he will get his bike back and no prosecution will occur. It does however seem he has been dealt with heavy handed and almost (it appears) as though it's a case of guilty until proven innocent. Maybe a little too much 'attitude' was given at the time? As much as it is annoying to be 'accused' of something you have not done, a little decorum can go a long way with changing how the police react and treat you.

As much as I disagreed with the police in my instance, I kept calm throughout and discussed things with them, but still managed to express my feelings as to how inept the situation was. The police officer actually agreed with me and when he called me to confirm I was correct, we actually had quite a chat about it.

[Messie]

Originally Posted by on yer bike

I see what you are saying, but if someone took my bike off me for this period of time without giving what I see as a reasonable explanation, I'd want to make it a big deal. Some people use them as primary transport and not just toys so need their bikes to get to work etc

Although I agree that if someone took my bike like this I would be more than annoyed ... however ...

having a license to ride or drive, indeed having a bike or car, is a priveledge not a right. We feel it is our right to drive/ride but we are actually only granted the permission to do so so long as we follow the rules. The enforcement of the laws of this land by the Police is by consensus not dictatorship.

[Messie]

To me it looks like something like this could have been the case. In post #149 Flameboy describes to event in detail and explains that as they pulled up behind him he thought they wanted him to drive off so he did. To them it may have looked like he was going to ride away completely - hence the less than kindly attitude