White Dalton Solicitors Blog

If you’re broke, still fix it

by on Mar.02, 2012, under Andrew Dalton, Articles

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Don’t ignore a rectification notice just because you’re skint, it’ll end up costing more

I was initially pulled over for a non street legal exhaust, and then the copper gave my bike a roadside MOT. He accused me of having a bald rear tyre and a defective back brake. He gave me a rectification notice, but I could not afford to get the work done. I then got a summons for a defective motorcycle tyre and brake.

I pleaded guilty. The back brake didn’t work at all and I knew the back tyre was on its last legs. I got a summons, and I assumed I’d get points and a fine. I got a further summons telling me if I failed to attend I would be arrested and brought before the Court by the police, so I turned up. I got six points which I was expecting and I was then told my car and bike licences had been revoked as I had passed both my tests less than two years ago. I explained to the magistrates that I needed my van for work and genuinely I have a seriously disabled sister who needs me to drive her when my parents need a bit of respite. She is a wheelchair user with severe learning and mobility problems. I am the only person other than my parents insured to drive her adapted car. The magistrates listened but told me they had no choice but to revoke my licence. So my job is on the line, my parents can’t have respite care and while I admit to being a bit of a tool, surely these factors have to be taken into account?

Name withheld

Sorry, but the Magistrates have no discretion. The copper was being more than fair when he gave you a rectification notice. He could have nicked you there and then for three offences – the pipe does not carry points, but once the prosecution is launched the magistrates have no room for manoeuvre. If your full licence is less than two years old once you get six points on it, it’s revoked and that means it’s treated as never having existed. You will need to reapply for your bike and car tests and pass the standard tests. You will also need to declare your revocation to all your insurers when you apply for insurance.

Andrew Dalton

Fast Bikes March 2012

Andrew Dalton has been writing articles for Fast Bikes Magazine for a considerable period and have condensed what we believe are the most useful articles to you. White Dalton Motorcycle Solicitors deal with personal injury claims and our sister company, Motor Defence Solicitors, deal with any road traffic offences.

About Andrew Dalton

Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focussed on getting the best possible outcomes for his clients.

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3 comments for this entry:

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  1. jason@JonesGough

    Real shame that all this has happened! Its hard to win againt the court of law with cases like this!

  2. Ken Lines

    Just as a matter of interest – as the rider could not afford to have the repairs done at once could he gain any respite by immediately declaring SORN and taking his bike off the road until such time as he could afford to have the necessary work carried out? Which begs the question is there any need to keep a vehicle on SORN in a roadworthy condition?

    Ken Lines.

  3. Ken Lines

    Question for Andrew. If one is unable to afford a rectification would it not be possible to immediately declare SORN until such time as there are sufficient funds available? As far as I know it is not necessary to maintain a bike on SORN in a roadworthy condition. Or is it the fact that the Notice of Rectification would take precedence over the SORN declaration?

    Ken Lines.

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