Motor Prosecution
Claims FAQs

Anyone who drives a motor vehicle on a public road and who may have contravened road traffic statute or regulations can be prosecuted.

At times like this it can be difficult and stressful to understand what is happening, especially if you have never dealt with the police before. Our specialist Motor Prosecutions Defence team will be able to advise you on your case.

If the police suspect that you may be guilty of a criminal offence, they will interview you under caution (i.e. you are read your rights and invariably the conversation is tape recorded). This is to ensure that if you say anything that might assist in your prosecution it will be admissible in court. In this scenario - yes you should seek legal representation.

One thing to be wary of is that an interview under caution doesn't necessarily have to take place in the police station and on tape. It's now quite common in minor motoring offence cases for interviews under caution to take place with one police officer only, and in the suspect's home, with your response to questions being noted by the officer on a form.

In cases of this nature, mitigation is the key. If appropriate, you can plead exceptional hardship which proves that by losing your licence you and your family will suffer exceptional hardship. Your licence may still be endorsed but you won’t be disqualified.

Magistrates are becoming stricter with this sort of claim and the onus is on you to prove it with evidence. If exceptional hardship is found, then you can't rely upon the same reasoning if you get caught again.

There is also the possibility of avoiding points if special reasons are found, for example you were rushing your pregnant wife to hospital. In this example, the Court may accept the special reason and so your licence will not be endorsed.

It is best to pay the fine if the offence did occur. However, if you believe that you have a case to appeal then you can follow the Appeal Process.

The only grounds (reasons) on which an adjudicator can instruct the council to cancel a Penalty Charge Notice (PCN) are:

• The alleged contravention did not occur;
• The penalty exceeded the amount that applied in the circumstances;
• The police are already taking action;
• You did not own the vehicle when the alleged contravention occurred;
• The vehicle was taken without the owner’s consent;
• You entered the bus lane due to an emergency situation;
• The offence was not captured correctly.

Penalty fares are usually incured if you travel on a train without a valid ticket. These fares are usually a higher rate than the normal fares.

Please note that only authorised collectors can issue these fines. Guards, who are not authorised collectors, will issue you with a ticket in accordance with Condition 2 of the National Rail Conditions of Carriage, which means that you are liable to pay the full single or return fare for the journey you have made or wish to make.

Penalty notices can be issued not only for a failure to buy a ticket but also for:

• an inability to produce an appropriate railcard on a discounted ticket;
• travelling in first class accommodation with a standard ticket;
• being aged 16 or over whilst travelling on a child rate ticket;
• travelling beyond the destination that is on your ticket.

You must pay the fine when requested even if you intend to appeal. If your appeal is then successful, your payment will be refunded.

You must make your appeal in writing within 21 days of the issue date and send this to the appeals address on the penalty fare notice.