Fixed Penalty Notice - Appeal or Not?

Hey folks

Just wondering if I could get your thoughts on an FPN I was issued last night.

I got on my bike on George St in Edinburgh last night at around 7:45pm and set off from there along the M8 towards Glasgow. A police 4x4 joined the M8 just before Harthill, about 10 cars length ahead of me (the lane was empty though). I was travelling at roughly 70mph - I commute 100 miles a day and stick to the speed limit for fuel economy and also can't afford to lose my license if I get done for speeding.

Anyway, the 4x4 starts to slow down - not braking, just not accelerating. As the gap between us closes I indicate and overtake, still within the speed limit. The 4x4 sits behind me for a mile or so before overtaking me at maybe 75mph, so very slowly relative to my speed. It pulls in front of me and slowly pulls away.

As I pass the entry to Harthill services the 4x4 once again stops accelerating so I once again overtake at 70mph and pull in front, just after the services exit. Then the lights and sirens come and and I pull over onto the hard shoulder.

Helmet and gloves off, engine off, and the police officer comes over. He tells me he has stopped me as I have no number plate. I get off and he is right - where my plate was when I got on the bike on Edinburgh, there is now no plate. There is a rough looking hole in my undertray which shows that at some point the plastic has failed and I've lost my plate.

I get taken into the back of the car and I am issued with a £60 fine for failing to display a number plate. I explained the plate was there as I got onto the bike, and the hole in my undertray shows something has broken off, and the policeman says he doesn't doubt my story however it is my responsibility to make sure I have a plate. I asked how I was supposed to check this at 70mph on the motorway in the dark and he gave me my ticket and told me to be on my way.

I have not left anything out here nor have I embellished anything. No reason for me to, and I need to be honest in order to get your honest opinions.

So, my question is should I appeal the ticket? I know by the letter of the law what is written is true, however I would never have been able to know my plate was missing until I got home, or until someone had told me. I feel the ticket is very very harsh and am loathe to pay it as there was no intent by me to break the law. I had 2 opportunities to leave the motorway if I wanted to, and if I had know my plate had gone, why would I overtake the 4x4 twice?

Long story I know, but any advice would be warmly received!

Thanks in advance

WB

[fizzwheel]

On what grounds would you appeal ?

When he stopped you there was no number plate on your bike. You cant argue with them on that one. I take your point about not being able to check. Personally I think you are wasting your time trying to get out of this one.

Is it just £60 fine or is it points as well. If its just the fine, I'd pay up and take it on the chin TBH.

[Bibio]

hhhmmm the services must have been out of doughnuts.

anyway he could have given you a 7day to get fixed.

I have no experience in these appeals but I would expect it to go like this.

Representative for police says here is the photo from the police vehicle showing vehicle with no number plate.

Appeal over.

Law is an ass.

If you have nothing to lose then maybe worth a shout.

Originally Posted by fizzwheel

On what grounds would you appeal ?

When he stopped you there was no number plate on your bike. You cant argue with them on that one. I take your point about not being able to check. Personally I think you are wasting your time trying to get out of this one.

Is it just £60 fine or is it points as well. If its just the fine, I'd pay up and take it on the chin TBH.

This is the answer I expected. I know you're right and I'll probably just pay it, but I'm annoyed he didn't just tell me to get a plate in the morning, which is exactly what I did. 9:30am I was back on the M8 with my new plate fitted.

As usual, I have a different view. The police have discretion in this situation and so does a magistrate. If you can convince a magistrate that you genuinely had no idea the plate was missing there is every chance the penalty could be waived. The fact that the officer told you to be on your way is indicative of the level of discretion. Had the bike been unsafe they would not have allowed you to continue. My vote is appeal.

take it on the chin.. not worth the hassle..

What happens if you lose the appeal?

[jambo]

A little harsh perhaps.

You are guilty of the offence with which you have been charged. Discretion was available, but the policeman has issued a fine. I would suggest that appealing to a magistrate is a gamble, with a small fine at stake, adding costs to the top if the magistrate agrees with the policeman will leave you having lost a day with a bigger fine than you started with.

For me it'd feel like the wrong time to roll the dice especially given that magistrates are often less than progressive in their thinking.

Jambo
Sent from my thingie

I also noticed the officer has spelt my name wrong on the ticket. Has he issued a ticket to someone who doesn't exist?! #clutchingatstraws