Phew - quote of a quote of a quote!
Originally Posted by
Baldylocks
I don't know what the statistics are but I would suggest that if only 22 have been withdrawn it's only a matter of time before one is withdrawn for mis-spacing.
If the owner accepts the withdrawl I agree if he challenges it in court there is not much chance of it been withdrawn,
See Below
The offence is that the VRM does not comply, there are no seperate offences for mis-spacing and another for illegal fonts. A Fixed Penalty Notice is in essence a prosecution, it just avoids the court process. If you choose to fill in part 3 on the back of the ticket or fail to substantiate the ticket, it will be heard at a Magistrates Court
I totally agree a £60 Fixed Penalty which if you don't pay it will go to court, but that is the risk if you get caught you pay as I and SWMBO did and avoid court its the most economic option. What I meant was if that you challenge the plate being withdrawn and opt for the court appearance it cannot be heard in a magistrates court as it involves the secretary of state for transport, hence the reason the cps don't progress most non descript cases
Right, I think the confusion here is who by and when the plate is withdrawn. Should you accept the ticket the penalty is £60, should you be prosecuted at the Magistrates court then the fine is within their guidelines. The successful prosecution is then reported to the DVLA. On the 3rd occurence of a successful prosecution the DVLA then have the option to revoke the VRM. This is done apart from the penalty you receive as a result of the prosecution. Whilst it will be the Secretary of State that revokes it, it will no doubt be done under some sort of devolved power to a suitably qualified civil servant within the DVLA. They will then revoke the VRM in the same way that they revoke driving licenses and doesn't need to be done at court as a part of the punishment - it is allowed for in the relevant legislation. IE they just do it and write to you to tell you.
In the same way someone who has their licence revoked can challenge it, there MAY be some means of challenging the revokation of a VRM. This would be something that you would have to initiate and it would be at your cost. It is not a decision for the CPS as the Crown is not prosecuting. In the mean time, if you continued to display the VRM you could expect to be stopped everytime you pinged an ANPR and possibly have the vehicle seized depending on circumstances.
I'm not sure which force only has 40 traffic cops, it would have to be a fairly small one as we have more than that in our Division! In addition, the offence can be dealt with by ANY uniformed Police Officer, it isn't an offence that requires specialist trainig to deal with (such as a tachograph offence)
Thats about the normal number around here dedicated to traffic, I'm not talking ARV or RRV or RCU numbers in that though to be fair but even if a force had over 100 dedicated to traffic the chance of getting caught is still extremely low. A prosecution by a normal beat / panda car cop for a motoring offence is very difficult to make stick in court and is usually avoided like the plague, if it's a motoring offence they will nearly always call for a traffic officer to assist and coroborate if available. CPS do not like motoring prosecutions from non road traffic officers
Just to clarify, a force would be West Yorkshire Police, North Yorkshire Police, Greater Manchester Police etc etc. A division (in West Yorkshire for example) would be Kirklees or Calderdale or Keighley and Bradford North. A division may have 30-40 Traffic Officers depending upon it's size, but a force will have considerably more than that.
I'm not sure of your source of information re prosecutions, I'm not a traffic Officer but I certainly don't have a problem prosecuting for traffic offences and regularly do so. Neither I nor my colleagues need the assistance or coroboration of a traffic Officer for the vast majority of traffic offences. I don't have any problems making it stick if it goes to court and have a very good success rate.
It's only in the last 12 months or so that the DVLA have started to crack down on this, with the resultant increase in enforcement. So it may well be that your average takes a bit of a dive in the future, as well as the risk of the loss of your plate.....
As regards your last point I'd bet my house, cars and salary that mine and SWMBO plates will still be on our cars when we are too old to drive them. There is no way in a million years the CPS would ever go to crown or high court with such a trivial offence. The cost of it would be simply outside of their scope and guidelines and it would get immediately slung out. Again thats a risk you take but with a lawyer and barrister giving the advice I feel relatively comfortable
See above, there is always room for more case law, but the DVLA would just revoke it, they wouldn't need to take it to court.
Please don't think I am being funny and I am not having a go at you or traffic police I have the greatest respect for what you do having worked with a lot of traffic cops on advanced driving and 2 of my pals being traffic cops I'm not sure I could handle what you guys do everyday.
No, I don't think you are being funny at all but maybe slightly misinformed on a couple of points. At the end of the day a Police Officer will deal with an offence as they see fit, if that means prosecution at court then it is their job to gather all the evidence and present it to the court. The semantics of interpretation of that law are for people other than a PC and the local magistrates hence the high regard the British legal system is held in around the world.
I just think the system operates on double standards with the DVLA pricing plates high becasue they think they can be read as something else and then trying to enforce when they are made to do so. I have no problem with the US system choose what name you want but no alterations allowed, that would be fine with me