Court Summons Vehicle defect rectification (Tyres) | Legal matters | Back Room Forum

What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks

Thu 18 Apr 2013 22:35

Court Summons Vehicle defect rectification (Tyres) - ronbentley

Hi

Have been issued with a court summons today for two tyres that were below 1.6 mm. I was given a Vehicle defect rectification ticket at the time and was told i had 14 days to get the tyres replaced.

I did this and have the reciept to prove this but i didn't send the form back and no longer have it. I just assumed that if i was stopped again i could prove i changed the tyres and did not expect to go to court.

My question is do i plead guilty or do i plead innocent and use the receipt as proof that i replaced the tyres.

Does anyone have an idea of the fine i can expect.

Thanks for your help

Reply | Report as offensive | Link

Thu 18 Apr 2013 23:42

Court Summons Vehicle defect rectification (Tyres) - focussed

In cases where the defect in a vehicle was minor the police used to give verbal warning to the driver and ask them to put the defect right. However, since the introduction of the Vehicle Defect Rectification Scheme (VDRS), the police have been able to require the motorist to put the defect right in order to avoid a prosecution. The scheme is voluntary. It involves the police giving the motorist a form, which sets out the defect. The motorist must rectify the defect and submit the vehicle for inspection by an approved MOT garage. The result of the inspection is endorsed on the form by the garage, which must be returned to the police within 14 days; otherwise the motorist will be prosecuted.

As you failed to present the vehicle for inspection within 14 days you will probably be prosecuted for using a vehicle with defective tyres.

The driver can be fined up to £2500 and three points for EACH defective tyre.

Reply | Report as offensive | Link

Thu 18 Apr 2013 23:58

Court Summons Vehicle defect rectification (Tyres) - ronbentley

Oh so it does not look good for me then. Is the court liable to fine me £5000.

Can i not use the fact that i did replace both tyres within the 14 days as mitigation

Reply | Report as offensive | Link

Fri 19 Apr 2013 14:23

Court Summons Vehicle defect rectification (Tyres) - galileo

Oh so it does not look good for me then. Is the court liable to fine me £5000.

Can i not use the fact that i did replace both tyres within the 14 days as mitigation

I sympathise with your situation, but was there not some small print on the original defect notice which explained what you needed to do? If there was, it is difficult to excuse failing to follow it. If not, that would seem like a mitigating factor.

Reply | Report as offensive | Link

Fri 19 Apr 2013 15:20

Court Summons Vehicle defect rectification (Tyres) - ronbentley

Oh so it does not look good for me then. Is the court liable to fine me £5000.

Can i not use the fact that i did replace both tyres within the 14 days as mitigation

I sympathise with your situation, but was there not some small print on the original defect notice which explained what you needed to do? If there was, it is difficult to excuse failing to follow it. If not, that would seem like a mitigating factor.

I,m not sure. To be honest it went in my glove compartment and i didnt give it any thought until the summons came though. Trying to understand why i didnt send it back, i must have thought it was'nt important.

Reply | Report as offensive | Link

Fri 19 Apr 2013 15:34

Court Summons Vehicle defect rectification (Tyres) - thunderbird

I have have absolutely no symathy with your situation. Driving with illegal tyres is inexcusable, how hard is it to check them, its not as if they are difficult to get at. Easy to spot as they become ever closer to the limit. In all honesty I never let ours get below 2.5mm since in the wet tyres with only 1.6mm are pretty lethal.

With regards to not following the proceedures on the paperwork handed to you by the Police Officer again iIhave no sympathy. If you decide to just throw it in the glove box and not read it you have only yourself to blame.

Reply | Report as offensive | Link

Fri 19 Apr 2013 16:05

Court Summons Vehicle defect rectification (Tyres) - ronbentley

I have have absolutely no symathy with your situation. Driving with illegal tyres is inexcusable, how hard is it to check them, its not as if they are difficult to get at. Easy to spot as they become ever closer to the limit. In all honesty I never let ours get below 2.5mm since in the wet tyres with only 1.6mm are pretty lethal.

With regards to not following the proceedures on the paperwork handed to you by the Police Officer again iIhave no sympathy. If you decide to just throw it in the glove box and not read it you have only yourself to blame.

Thanks for your constructive input.

You sound like my Mother God rest her soul.

I thought this forum was to help people

Reply | Report as offensive | Link

Fri 19 Apr 2013 16:46

Court Summons Vehicle defect rectification (Tyres) - Dwight Van Driver

You did not comply with the system so expect your knuckles to be rapped.

Regarding the fine they will conduct a finanacial examination of your means and fine accordingly together with CPS costs and a percentage for Victim Support (used to be £15 but since upped) plus points.

You may mention thisas mitigation but consider you were on defective tyres until stopped. so will this impact on Beaks decision re fine?

dvd

Reply | Report as offensive | Link

Fri 19 Apr 2013 17:20

Court Summons Vehicle defect rectification (Tyres) - ronbentley

You did not comply with the system so expect your knuckles to be rapped.

Regarding the fine they will conduct a finanacial examination of your means and fine accordingly together with CPS costs and a percentage for Victim Support (used to be £15 but since upped) plus points.

You may mention thisas mitigation but consider you were on defective tyres until stopped. so will this impact on Beaks decision re fine?

dvd

OK fair enough it was my own fault.

Think i will go to court plead guilty and try and explian what i did. i have nothing to lose

Reply | Report as offensive | Link

Fri 19 Apr 2013 17:42

Court Summons Vehicle defect rectification (Tyres) - Armitage Shanks {p}

It IS to help people and for many people this takes the form of being given information, you asked "Does anyone have an idea of the fine i can expect." I think you now have this information.

Reply | Report as offensive | Link

Fri 19 Apr 2013 17:55

Court Summons Vehicle defect rectification (Tyres) - thunderbird

ronbentley said

I thought this forum was to help people

Why should you and other law breakers be helped. You should be fined as appropriate. I do not break the law thus why should others be allowed to drive vehicles in a dangerous state with no financial or other sanctions when caught.

Edited by thunderbird on 19/04/2013 at 17:55

Reply | Report as offensive | Link

Fri 19 Apr 2013 20:42

Court Summons Vehicle defect rectification (Tyres) - Armitage Shanks {p}

Why shouldn't they be helped? Even suspected murderers have defence counsel in court. Why should motorists be any different.. I think you do break the law BTW. Not very often and not by very much but it happens every little once in a while

Reply | Report as offensive | Link

Fri 19 Apr 2013 20:43

Court Summons Vehicle defect rectification (Tyres) - ronbentley

It IS to help people and for many people this takes the form of being given information, you asked "Does anyone have an idea of the fine i can expect." I think you now have this information.

I do and would like to thank you all for your help :) and i will never ignore anything a Policeman tells me again.

Reply | Report as offensive | Link

Sat 20 Apr 2013 11:35

Court Summons Vehicle defect rectification (Tyres) - alastairq

Hi..it appears, from your visit to the 5-oh forum, that you have revised information regarding the fine[s] and likely penalty points issue, directly from a serving magistrate?

To re-cap, it is likley you will receive either [a] two separate fines, one for each tyre, or [b] an enhanced fine for one tyre only, and zero for the second tyre.

You are likley to receive penalty points for one tyre only [3 points?]... as both offences were reported at the same time... and in those cases, only one set of points are issued [the greatest amount, depending on the offences].

Separate fines & penalty poitns are only issued if 'stopped' and reported at different times, for each tyre...even if on the same day.

However, the issue your timely thread hilites for me, is the fact that regulatory changes with regards to how offences, and their reporting, are conducted needs to be hilted far more intensely to the driving public.....there are many more out there who could quite inadvertantly, and innocently, fall into the same trap as you..thank you for bringing these things to our attention.

Reply | Report as offensive | Link

Sat 20 Apr 2013 11:33

Court Summons Vehicle defect rectification (Tyres) - Avant

When someone asks for advice, as AS implies, often the most helpful thing we can to is to 'tell it straight'; building up false hope isn't much use. Several people above have told it straight and I hope that's been helpful, Ron.

However it can be done without sounding sanctimonious. Thunderbird, please look at your post starting "I have have absolutely no symathy with your situation" and ask yourself just what benefit that has given to the OP.

Reply | Report as offensive | Link

Sat 20 Apr 2013 12:36

Court Summons Vehicle defect rectification (Tyres) - dieselnut

" Think i will go to court plead guilty and try and explian what i did. i have nothing to lose "

Suggest you take the receipt for the tyres with you to court. The beak can then see that you took immediate action to rectify the defect & just forgot to follow through with the paperwork.

Reply | Report as offensive | Link

Sat 20 Apr 2013 18:40

Court Summons Vehicle defect rectification (Tyres) - thunderbird

However it can be done without sounding sanctimonious. Thunderbird, please look at your post starting "I have have absolutely no symathy with your situation" and ask yourself just what benefit that has given to the OP.

I am not being sanctimonious, I am being honest and realistic. The OP was driving with illegal tyres, what if he had been involved in an accident that was directly attributable to his tyres being illegal and a 3rd party had been killed. In that circumstance he would have been in a far worse position than he is in now thus he should be thankful his situation is no worse.

I have been keeping my cars in a 100% legal condition for the past 39 years, its not difficult, thus I cannot see why I should sympathise with a driver who has not carried out the basic checks and replaced the necessary parts.

I have never had and never will have any sympathy whatsoever for law breakers. They deserve all they get.

The OP was given a break by the Police and did not carry out the simple actions required, 100% his fault.

Reply | Report as offensive | Link

Sat 20 Apr 2013 19:29

Court Summons Vehicle defect rectification (Tyres) - RT

Is the OP aware that there's an almost universal recommendation to replace tyres at 3mm because their wet grip is close to zero below that point.

Servicing at a workshop will normally give advance notice that the tyres may not last until the next service, as do most MoT testers, even for legal tyres.

So, having ignored well publicised advice, ignored the actual tyre condition and then ignored the instructions on the Defect Notice you'll just have to throw yourself on the mercy of the magistrates - and hope my brother-in-law isn't on the bench as I know he'd be asking the court clerk if a custodial sentence could be imposed !!

Reply | Report as offensive | Link

Sat 20 Apr 2013 21:09

Court Summons Vehicle defect rectification (Tyres) - focussed

I have to say that I agree entirely with most of the posters who responded.

Why should a driver who permits his vehicle to be driven on tyres that are for whatever reason illegal be given any slack? The minimum tread limit of 1.6 mm is marginal anyway for safe grip in the wet. The more drivers that are fined the maximum money and given the maximum points the better-word will then get around that it isn't a good idea to drive on worn out, damaged or dodgy tyres so people will take more notice of their tyre condition-most of the half-wits out there think it is something that is down to their garage - not thenselves.

Reply | Report as offensive | Link

Sun 21 Apr 2013 00:49

Court Summons Vehicle defect rectification (Tyres) - bathtub tom

Can we get real?

The OP's disappeared, probably never to return. They didn't like being told about the real world. I suspect they've never read the highway code (other than enough to pass their test) and have no interest in a car, other than the key to start it.

They'll crop up again when they think they've got some gripe against the 'system'.

Watch the Jeremy Kyle show. That'll provide as much entertainment.

Reply | Report as offensive | Link

Sun 21 Apr 2013 10:47

Court Summons Vehicle defect rectification (Tyres) - ronbentley

Can we get real?

The OP's disappeared, probably never to return. They didn't like being told about the real world. I suspect they've never read the highway code (other than enough to pass their test) and have no interest in a car, other than the key to start it.

They'll crop up again when they think they've got some gripe against the 'system'.

Watch the Jeremy Kyle show. That'll provide as much entertainment.

I have no gripe and will accept my punishment, as so many of you are saying I deserve everything I get.

I came on this forum to ask for advice and to ask if anyone had the experienced the same. If i had known this was going to turn into a witch hunt i would have given this a miss.

If I had known that the tyres were below the legal limit and were dangerous do you think I would not have changed them. As soon as this was pointed out to me I changed them straight away. And if I had known or to fair bothered to look I would have taken my form to an MOT station and got it stamped.

The reason I didn’t come back to this forum is that I was given a good answer and accepted that.

I would suggest the reason why a lot of people don’t post is the way you treat people.

I think a lot of people on this forum have anger issues and probably need to go on the Jeremy Kyle show to get these sorted

Thank you for everyone who helped.

Reply | Report as offensive | Link

Sun 21 Apr 2013 12:25

Court Summons Vehicle defect rectification (Tyres) - FP

I have to say that the OP has behaved with some dignity and that some BR members have been excessively heavy-handed in their comments about a newcomer.

It's kind of OK to have a go at some BR members who have consistently showed themselves to be self-important, aggressive or otherwise in need of a slap (though it usually leads absolutely nowhere, except into a slanging match).

"I would suggest the reason why a lot of people don’t post is the way you treat people." Well, we'll never know about that, as we don't know whether a few people, a lot, or none are in fact put off posting by what they read here - but maybe he's right.

"I think a lot of people on this forum have anger issues..." Maybe a few do, but a far bigger problem is people with fragile egos, who cannot take criticism, are convinced that their opinion alone is correct and will always try to have the last word in any argument. While it can sometimes be a bit of fun to seen them hammering each other (and I've done a bit myself) in the end it's boring. You know who you are!

"...need to go on the Jeremy Kyle show to get these sorted." I couldn't possibly comment - but is the Jeremy Kyle show that good? I must take a look; I've heard they do good arguments there...you know, a bit of shouting at each other and so on...

Edited by FP on 21/04/2013 at 12:28

Reply | Report as offensive | Link

Sun 21 Apr 2013 13:35

Court Summons Vehicle defect rectification (Tyres) - thunderbird

If I had known that the tyres were below the legal limit and were dangerous do you think I would not have changed them. As soon as this was pointed out to me I changed them straight away. And if I had known or to fair bothered to look I would have taken my form to an MOT station and got it stamped.

That is your problem, you did not bother to keep a check on your tyres and you did not bother to read the form.

Hopefully you will learn and in future drive a fully legal car that is not a danger to yourself, your passengers and other road users.

And I do have anger issues with people who flout the law and then start looking for a way to avoid the consequences. Pay the fine and accept any other sanctions and learn to maintain your car.

Reply | Report as offensive | Link

Sun 21 Apr 2013 13:50

Court Summons Vehicle defect rectification (Tyres) - FP

Did the OP flout the law? Of course he broke it, but flouting suggests an "in your face" attitude, which I struggle to find.

His first post asks us what sort of fine he could expect; at that point he obviously accepts the prospect of punishment.

The worst you can say is that the OP had a cavalier attitude towards the whole business of tyre safety and the situation after the warning.

It's beyond me, Thunderbird, why you want to keep trampling on the guy.

Edited by FP on 21/04/2013 at 13:53

Reply | Report as offensive | Link

Sun 21 Apr 2013 16:28

Court Summons Vehicle defect rectification (Tyres) - Avant

Thank you FP - fair as always. I'm going to close this thread now. Ron has had some advice from those who were inclined to be helpful rather than judgmental, so it has served its purpose.

Everyone -

There will be other newcomers who ask a question, to which your reaction may well be 'I have no sympathy'. Fair enough - but in such cases just keep your thoughts to yourself and don't post anything unless you have some constructive advice. If someone is in a hole which is self-inflicted, they will normally be well aware of this and are looking for advice as to how to deal with the problem. Kicking people when they're down tells us more about the kicker than the kicked.

Reply | Report as offensive | Link

Ask Honest John

Sell Your Car

Real MPG

Fuel Calculator