Car With Defective Tyres

Question:

I was driving in excess of the speed limit by around 5mph (45 in a 40 zone) – On my way home from my girlfriends house at quarter to 11 at night.

I parked up and went into my house, began watching TV for 25 minutes.

After 25 minutes, I had a knock on the door. Three police officers were there, and they had traced me back to my house and checked my car over outside before knocking.

I had a tyre that was worn unevenly due to a defective suspension part on my car. It is booked into a local garage for Tuesday next week, and has been for nearly 3 days now.

Despite this, they issued me a section 59 for the speeding (They could not say how fast I was driving, just that it ‘looked fast’.) – They gave me a fixed penalty notice for the tyre, on the grounds that an officer had ‘seen me using the vehicle’.

They have issued me a FPN, and I do not know where I stand. I noticed they’ve also made a mistake with my date of birth.

I would appreciate your advice! – Do I have any comeback RE: the fact I’ve already got my car booked in for a tyre to be fitted and that I wasn’t driving at the time?

Emma Says:

If you accept that the tyre was defective you need to take the ticket.

Mistakes on the ticket do not amount to a defence and the court will only be interested in whether or not you can cast a doubt on the suggestion that the tyre was not legal – if you cannot they will convict you of driving with defective tyres and give you higher fines and court costs.

If you were seen driving the car in question shortly before you will have no comeback I’m afraid.



About Emma Patterson

Emma has built Patterson Law into one of the leading specialist motoring law legal practices in the UK. By carefully assembling a team of exceptional road traffic law experts Patterson Law has been able to out perform their competitors with high success rates in court.
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