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Hi everyone. Just after some advice. My husband was riding his motorcycle last week and was stopped by police. The bike has a black and silver plate ... We now know it's not legal on this age of bike and have since changed it. The police stopped him and as soon as he got into their car they addressed him by his first name. They then said they couldn't read the numberplate (but they ANPR'd him and knew his details?). He got a letter through the post offering a fixed penalty for "driving with no number plate displayed". This is of course, not true. The bike has a plate. My question is, can he go to court and defend this? They wouldn't have been able to get his details if it didn't have a plate??
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There are strict rules about the colours and size of letters on reg plates. Of course they can read it but it may not be legal. They will have got his details from the database using the reg plate. I don;t know the law around number plates but it may be quicker and easier to pay the fine. I would have thought the offence was more driving a vehicle when the reg mark fails to conform with regulations - google tells me the fine is £100 and no points. You can ask for them to amend the charge I suppose but it will probably not change much. The answer is yes he can go to court but if you lose you will have to pay a chunk of costs (min £300 ish) and fine may be based on income. Think carefully. -
How long ago did this happen? If it was recent, there would be CCTV along a route he has recently taken. You can send a SAR request to who ever owns the CCTV, they have 30 days to provide the CCTV (better still if he rode his motorcycle pass a police station and they have CCTV). You will then have evidence to prove that, indeed there was a number plate.Originally posted by Goose View Post
https://legalbeagles.info/library/gu...ccess-request/
ostell Can you please take a look and see if you can advise, many thanks.Comment
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If the in car camera wasn't able to read his number plate, there were two sets of eyes that could, and by the time your husband gets into the police car a check has been carried out via radio contact with their station.
Incidentally most ANPR speed cameras can read the old plates (don't ask how I know!) but some private cameras (garage forecourts, car parks) don't recognise them.Comment
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I don't think there is any dispute that he did have a numberplate - it was however illegal. Perhaps it has been charged incorrectly. Ask.Comment
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I'm surprised they picked it up and acted on it. Actually it's ridiculous.Originally posted by islandgirl View PostComment
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The offence will be (I think) not affixing a regulation mark to a vehicle (sec 42) as required by section 23 of Vehicle Excise and Registration Act 1994.
The Road Vehicles (Display of Registration Marks) Regulations 2001 sets out the requirements of sec 23 .
So I think you will find because the plate did not conform to the regulations the bike will be classed as not displaying a regulation mark as required.Comment
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Sounds logical. I think I would pay the fixed fine and forget it but that is the choice the OP can make - let us know what you decide please!Comment
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Thanks everyone. I've advised him to pay it.Comment
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