Disputing a fixed pentalty

[Stealth]

Hi all,
A few weeks ago I was hit with a fixed penalty £30 for having my fog lamps on- it was dark and I had come from a foggy area where I live to pick up the Mrs at work. I've sent a letter of complaint/dispute about the officers conduct; i felt i was bullied into taking the fine and shutting up when i argued that the fine is ridiculous and to use their discretion - i was hit with the old "oh well we could call it careless driving" lark. The officer pretty much made it clear he didnt like my style of driving and went off on one when i said is the fog lamps all they could get me for.

Ive filed a complaint and a chief inspector is coming out next thursday to speak to me, but the appeal was pretty much rejected and ive been told if i dont like it- go to court. I'd love to fight the law and win, it seems so heavy handed and bloody ridiculous to slap me with a fine for leaving my fog lamps on accidently when a warning would have done but i suppose the highway code is in black and white!  ... strange though that they didnt go back for the taxi driver who was parked on a bend facing oncoming traffic, that bloke broke more laws than me!

Should i pay the fine (i reeeeally dont want to) or take it to court and try to dispute (with the threat of increased costs).
Has anyone else been in a similar predicament?

Regards,
-Paul

[Jamie_Beatson]

No. If you're in the right take it to court - they'll have to prove beyond reasonable doubt that you were in the wrong.

[Stealth]

Thanks Jamie,
I can't think of anything to shed doubt on this though? other than that the police had came from in front of me, so didn't know the conditions behind. My car is a wee sporty model i just know they thought i was a wee chavvy twat with my fog lamps on to look "cool"

[Mike@TheWhippinpost]

Thanks for raising my blood pressure.

It's one of those increasingly common regulations which, much like not paying the utils by direct debit, seek to penalise financially by snapping at the heels, but not so much to be worth contesting against amongst life's other demands when you are wronged.

You are forced to make a risk/reward judgement, and with legal aid sliding into extinction and court costs rising, you are already down.

What's more, the Govt now want to - or already have - limited cost-awards to successful plaintiffs who decide to challenge motoring penalties like yours (Note: you will have to look into that; it was only announced a few weeks ago).

Consequently, with little fear of retribution, penalties are dished out regardless of merit or discretion in pursuit of meeting Govt-set targets to reduce so-called crime.

And we just bend over and take it.

Speech apart, if you have the wherewithal to contest it in court, you will do us all a favour. For the more of us that do it, the more pissed off the courts will become with the law; and for that, you'll win my applause.

[Stealth]

Does anyone know of a website I can view historical weather reports?

[Mr Anderson]

http://uk.weather.com/weather/almanacHourly-Glasgow-UKXX0061?day=30 to change the date change the 30 in the URL - counting back from the current date.

[sickpuppy]

A few weeks ago I was hit with a fixed penalty £30 for having my fog lamps on

I'm afraid I'm not going to be any help, I spent this morning nose to tail with idiots on the motorway blinding me with fog lights as it was a bit foggy.

Visibility has to be seriously reduced before fog lights are required. Practically a pea-souper.

£30, in most cases it should be £300 and having Geoff Capes smash your foglights with a baseball bat. Then he can start on the nuts.

*I'm sure it's not the case for you, I'm just ranting at the dingbats that think any sign of fog some time that day, somewhere = foglights. I've been driving for well over 15 years and I've only actually needed to turn on my foglights twice in that time.

[Stealth]

*I'm sure it's not the case for you, I'm just ranting at the dingbats that think any sign of fog some time that day, somewhere = foglights. I've been driving for well over 15 years and I've only actually needed to turn on my foglights twice in that time.

... i bet i would have as much misfortune if it was foggy and my lights were off!

[Stealth]

http://uk.weather.com/weather/almanacHourly-Glasgow-UKXX0061?day=30 to change the date change the 30 in the URL - counting back from the current date.

Thanks!

[Shirker]

A few weeks ago I was hit with a fixed penalty £30 for having my fog lamps on

I'm afraid I'm not going to be any help, I spent this morning nose to tail with idiots on the motorway blinding me with fog lights as it was a bit foggy.

Visibility has to be seriously reduced before fog lights are required. Practically a pea-souper.

£30, in most cases it should be £300 and having Geoff Capes smash your foglights with a baseball bat. Then he can start on the nuts.

*I'm sure it's not the case for you, I'm just ranting at the dingbats that think any sign of fog some time that day, somewhere = foglights. I've been driving for well over 15 years and I've only actually needed to turn on my foglights twice in that time.

Amen brother.

When I come to power anyone who has their fog lights on, front or rear, when there is no fog but it is raining instead will have their car impounded and be forced to watch recordings of all of Vanessa Feltz's entire TV output, while solely eating food provided by a Brewer's Fayre and sitting on a big spike.

[Chris H]

I have to admit that being behind someone with their foggies on when it's nowhere near foggy, or worse, when it's raining drives me up the wall.

Then again, the government's policy on fixed fines is a case of guilt without proof. And as Mike says, our glorious leaders have limited the recovered costs aspect specifically to deter people from seeking justice re fixed penalty fines.

No help I know.

[yawner]

For peace of mind and a happy xmas? Just pay the 30 quid mate and write it off as a bad experience.

[Ben]

A friend of mine was driving up in the Highlands in the middle of the night - he put his fog lights on, not just because it was slightly foggy but they light up the side of the road - very useful to spot Staggs. They might just give you an extra half-second to avoid writing your car off.

A new village policeman is out, spots him - it's a quiet night so he pulls him over, gives him a patronising lecture about driving with fogs lights on and his position in the road - basically driving in the centre of the long straight flat road, again, to give you an extra chance to not get injured. The driver calmly saying it is advised by the local police to drive this way. The young policeman's attitude is the same as above, basically I'm doing you for something.

The driver took the fine, said he would dispute it - policeman was quite rude about it. Next day, my friend goes to visit the police station as knows the boss (old family friend - they always are up there!) where he produces the ticket and begins to ask what he can do as he thinks it's unfair.

The old chap behind the desk listens quietly until my friend hands the ticket over when he starts to laugh, "Ah, was the new-boy XYZ who gave you that? Funny, he's off work at the moment."

"Why?"

"He hit a stag early yesterday morning, cost a couple of thousand pounds worth of damage to the 4x4 and hurt his neck."

The policeman then took a photocopy of the ticket, told him not to worry about it - he's sort it out, but he was going to enjoy the young guys return to work now. 

[net-curtains]

The problem with using fog lights is that if it isn't foggy then it dazzles oncoming drivers. Fog diffuses the lights a bit but when it's clear it can blind other drivers. They drive with them on all the time around here, I'm always getting dazzled by idiots with banks of lights on their cars.

[Mr Anderson]

For peace of mind and a happy xmas? Just pay the 30 quid mate and write it off as a bad experience.

Is the right answer.

As you've already said, the highway code is black and white and you've already admitted that visibility had improved, which means as far as the court will be concerned you should have turned the lamps off. The bad attitude of the police will have no bearing in court, and you'll lose regardless.