Fixed Penalty Offer - Insecure Load

Steevo · Jun 30, 2023

the orra loon said:
and perhaps unlikely to even listen.

This.

They have already decided you are guilty.
They will have collected enough “evidence” to back this up.

These are the sorts of easy “crimes” they love. Far easier and much less paperwork involved than having to investigate a burglary where the criminals have fled the scene leaving (at best!) just an image of two hooded people on a grainy cctv image with no clue as to who they are. That’s too much like hard work for the police today.

They are not interested in being reasonable or fair. Hope they will listen will get you nowhere I’m afraid.

They are there to catch people, and prove it. No ifs, buts, mitigation or anything.

I’m sorry to say this, I really am. What we would consider justice does not exist any more.

The people you are dealing with are more like robots than humans.

Pennine Ploughing · Jun 30, 2023

the orra loon said:
Interesting opinion, and you may be right, I think you can see from my post and replies I’m not being arsey about it So not sure about the remorse bit. I did say in my opinion I thought it was safe

I read your posts, and you not being arsey about it, and come across as nice sort of a guy,
However that is not how the thistles will see it,
I call them thistles, as their out to sting you

dave78+ · Jun 30, 2023

Pennine Ploughing said:
I read your posts, and you not being arsey about it, and come across as nice sort of a guy,
However that is not how the thistles will see it,
I call them thistles, as their out to sting you

You are a source of revenue to the PF.

Pennine Ploughing · Jun 30, 2023

dave78+ said:
You are a source of revenue to the PF.

Have been a customer in the past yes

Steevo · Jun 30, 2023

dave78+ said:
You are a source of revenue to the PF.

…and this is why justice has failed in this country!

Farmer_Joe · Jun 30, 2023

the orra loon said:
Interesting opinion, and you may be right, I think you can see from my post and replies I’m not being arsey about it So not sure about the remorse bit. I did say in my opinion I thought it was safe

im not sure that quote is accurate,

you cant get a ban as i understand for an insecure load,

also it will ne magistrates not full court,

in which case as i understand they have tariffs they can give you based on you 'record' and plee, not guilty removes a third off them all to start with.

dave78+ · Jun 30, 2023

Farmer_Joe said:
im not sure the quoted it accurate,

you cant get a ban as i understand for an insecure load,

also it will ne magistrates not full court,

in which case as i understand they have tariffs they can give you based on you 'record' and plee, not guilty removes a third off them all to start with.

What you have right now is an "offer" so you must decide to take or leave it. The next you will know if you leave it is a summons to attend Court where the outcome is not going to be the same as the current offer.

Pennine Ploughing · Jun 30, 2023

dave78+ said:
You are a source of revenue to the PF.

Few years ago
I was speeding in my 8 wheeler, heading south on the A68, coming from Edinburgh side, I got to the top of Soutra hill,and spotted camera van way in distance, hit the brakes, any how time past and came the speeding ticket, fixed penalty £60 & 3 points.
I asked for what evidence they had, they sent a picture clearly me driving,
Anyhow I the picture was taken when I was nearer to them for a clear shot, of driver at that point I was doing 40mph, so legal, I contested it, and had to go to court,
Results was £175 fine, 6 points, and a letter off Scottish transport, saying if I get caught in the next 12 months I could be facing a short term ban,

So the OP thinks he should try to take his chance in court,
My advice is pay up and shut up, Mark it down to experience

Hindsight · Jun 30, 2023

Lincs Lass said:
If your cop force think thats dangerous ,they should take a trip south ,,three different tractor outfits running flat out through the village with no sheets ,,the digester mob ,local farm mucking out the duck sheds and another lot hauling hardcore from the quarry , stuff flying everywhere and not a copper to be seen

I think it depends if your local Lincs Police traffic cop has met the monthly conviction target! I can point you to farmers recently pulled for failure to have a net over manure. Cost £100 fixed penalty, no points.

Pilatus · Jun 30, 2023

If every member of society were as law abiding/perfect as some TFF members we wouldn’t need a police force.
That said I will more than likely get stopped for something in the near future

puppet · Jun 30, 2023

From the picture your load is not secure as the logs could fall or bounce out if you hit a pothole. I would pay as rules clearly state should be covered

Ley253 · Jun 30, 2023

the orra loon said:
Evening all

Stopped in January by police while I had my brothers trailer and a load of logs taking from the farm to home, approx 3 miles. I was stopped for insecure load. All the checks they did on insurance, trailer roadworthiness were good other than number plates not matching. I was polite with them and to be fair, they were fine. After a discussion they advised I couldn't continue without securing the load. My wife came with a thin type tarpaulin and 2 x ratchet straps to secure it which really was a half-arsed attempt at securing but they were happy as I had only 1 mile to go. Wish I had taken a picture of the tarp on!

Thought there was a good chance I wouldn't hear anything further. Anyway, today received "Conditional Offer of a Fixed Penalty" in the post from the Procurator Fiscal. I have been reported for an "alleged contravention of the Road Traffic Act 1988 Section 40A(d) on 29 January 2023 at XXXXX location you did use a motor vehicle when the weight, position or distribution of its load, or the manner in which said load was secured, was likely to cause danger of injury to any person there."

No mention of overloading trailer or the X3 not being rated to tow the load at the time. No mention of plates not matching either. So it's the insecure load the charge is for.

Now, I'm not denying the load wasn't covered and have learnt a lesson there but the bit that I don't think is true in the statement above is "or the manner in which said load was secured, was likely to cause danger of injury to any person there". Myself and my lad took a bit of time levelling the load and in my opinion I didn't think any logs would fall off under normal circumstances, trailer is well sprung etc. Certainly wasn't flying on either.

So fixed penalty of £100 and 3 points offered (if it was just the fine, I would have paid it before now but the points annoy me as have had a clean licence for 15+ years having only ever had 2 x 3 points for minor speeding many years ago).

Do I just pay up or worth a challenge? Anyone bothered fighting their case for something like this before...... is it worth it?

Cheers

View attachment 1121746 View attachment 1121747

Load above the sides. Automatic insecure load penealty.

glasshouse · Jun 30, 2023

the orra loon said:
I like your thinking!

The young PC was ok but a bit green. He asked if the ramps were secured properly or if they could fall out? I explained that they were held in and the lynch pin stopped the handle lifting and coming out. Was just waiting for him to try it for himself and nip his finger……..alas, he was more focused on typing on his tablet thing

Must have been a slow day

Pilatus · Jun 30, 2023

A great shame thieves who break into peoples/ farmers property stealing goods aren’t also given “FIXED PENALTIES PUNISHMENT OF AT LEAST A DOZEN OR MORE LASHES OF THE BIRCH ROD , SO THOSE CRIMINALS ENDURE PAIN”.

neilo · Jun 30, 2023

@the orra loon , byyour own admission, you were overweight to be towing with that vehicle, your number plates didn’t match, as well as having an unsecured load.
“No mention of overloading trailer or the X3 not being rated to tow the load at the time. No mention of plates not matching either. So it's the insecure load the charge is for.”

Do you really want to challenge the points and get those little facts noticed when the case is reviewed? My advice would be to have a grumble and take it on the chin, as ridiculous as the ‘offence’ might be.

glasshouse · Jun 30, 2023

neilo said:
@the orra loon , byyour own admission, you were overweight to be towing with that vehicle, your number plates didn’t match, as well as having an unsecured load.
“No mention of overloading trailer or the X3 not being rated to tow the load at the time. No mention of plates not matching either. So it's the insecure load the charge is for.”

Do you really want to challenge the points and get those little facts noticed when the case is reviewed? My advice would be to have a grumble and take it on the chin, as ridiculous as the ‘offence’ might be.

Chicken

kiwi pom · Jul 1, 2023

neilo said:
@the orra loon , byyour own admission, you were overweight to be towing with that vehicle, your number plates didn’t match, as well as having an unsecured load.
“No mention of overloading trailer or the X3 not being rated to tow the load at the time. No mention of plates not matching either. So it's the insecure load the charge is for.”

Do you really want to challenge the points and get those little facts noticed when the case is reviewed? My advice would be to have a grumble and take it on the chin, as ridiculous as the ‘offence’ might be.

Yep not rocket science, loaded above the sides, no cover or net.
No idea about the legalities of the vehicle or weight etc, perhaps a good job the cop didn't know enough to get into it.
Screwed up, got caught, that's life, accept it and move on

Barleymow · Jul 1, 2023

Neighbour was fined but no points for insecure load on ivor tupe trailer with sides. He had 2 bags of ballast on it ,he put a strap over them when stopped by the police which satisfied them but not enough to forgo being fined .

Hfd Cattle · Jul 1, 2023

Friend not far from here had a fixed penalty for not having his dog secured in the back of his pickup ..£80

Northeastfarmer · Jul 1, 2023

Hfd Cattle said:
Friend not far from here had a fixed penalty for not having his dog secured in the back of his pickup ..£80

Are you meant to strap them in with the seatbelt?!

Fixed Penalty Offer - Insecure Load

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0 %

Up to 25%

25-50%

50-75%

75-100%

100% I’ve had enough of farming!

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