Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Been given a court summons for Inefficient Exhuaust System (USE).
Was given a remit advice notice, got it taken to a garage, checked and sent it off. Later this comes through the door. Dont understand at all, getting me for an innefficient system when they didnt check it or owt, didnt check the emissions or the volume so cant see how they can say that.
Been told you only get these if you dont fix the car as required. Thats means they can't of recieved the documents.
Do garages keep a record when you go to them to check something such as an exhaust when instructed by police?
What kinda penalty am I looking at for this kinda thing if worse comes to worse?? Fixed points, fine??
Any help would be appreciated to ease my mind,
Cheers,
Sean.
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purple_corsa_gls
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Registered: 25th May 04
Location: Near Sunderland
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They should keep a record for the money received for accounts purposes etc. dont know if that would help though 
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ed
Member
Registered: 10th Sep 03
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I think you can just send a letter to the court. I'm not sure if something like this would go to court, and if it did they would probably just tell you remove the exhaust within 14 days, and possibly a fine...
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Well I only gave the bloke £2 for his tea kitty, thats all he wanted.
Its got a hearing, if I plead guilty I go to court on October 1st, if I plead not guilty I willl be sent another date. I assume this is because they will need to build evidence, the thing is they have no effidence, except that of the opinion of a copper.
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Makarus
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Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Anyone else help???
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Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
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did they give you a producer to fix anything? i.e your zorst?
If so, when you go to the garage, you get them to stamp it and You send the slip off yourself.
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Yeah, said in my first post
"Was given a remit advice notice, got it taken to a garage, checked and sent it off."
What I wanted to know was does the garage keep records so I can prove that I went to the garage to get it checked??
Also can I actually be prosecuted for an inefficient system when they have no actual proof it was inefficient??
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3CorsaMeal
Member
Registered: 11th Apr 02
User status: Offline
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someone local has prob complained about you car..
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KelSE2
Member
Registered: 12th Mar 04
Location: Wirral, Merseyside
User status: Offline
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I always send important stuff with a proof of posting/receipt, so you can say I did send you the document.. The ball is then in their court to produce what you sent.
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Greasemonkey
Member
Registered: 17th Apr 02
Location: Drives a Tractor
User status: Offline
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What did ya get the exhaust checked for????
They want a sound test done on it i think, you will end up having to change it, just plead guilty
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BeArDy
Member
Registered: 7th Aug 00
Location: Manchester
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even if it go's to court u will get a fine mate.
there are set amounts of cash per affence
i had a tail light out and cost me a total of £75 in total incuding court costs
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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wtf!! a tail light out went to court????
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3CorsaMeal
Member
Registered: 11th Apr 02
User status: Offline
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quote:
Originally posted by GSiSteve
wtf!! a tail light out went to court????
it nearly killed someone in "ROADKILL" 
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Cheers for the input people, easing my worries a bit.
I was pulled one night for supposedly having a loud exhaust, at 11:45PM was asked why my exhaust was loud, I told them that it had been in for some repair work and the standard of the work was poor, they had welded the bracket onto the back box poorly and could be making it blow. I offered the copper to have a look but he refused. i told them it was booked in in 2 days time, which it was, to get a completly new back box.
They didnt do an emmissions test, or Db reading. They told me to correct the problem with the excessive noise, but now I am being prosecuted for "Inefficient Exhuast System (USE)" but once again without proof how the hell can they prosecute. I thought the justice system worked on proof not on opinion.
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Greasemonkey
Member
Registered: 17th Apr 02
Location: Drives a Tractor
User status: Offline
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You were ment to get the exhaust DB tested man, aint your fault they obviously did not make this clear, it costs about £10 to get done, but the likely hood is you will end up with a court fine, the cost of the test and the cost of rectifiying the noise problem
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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The thing is car leaves me in about 2 weeks. I have just bought a new one and I am waiting to sell it now.
If I aint got the car what can they do to me??
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Rileysport
Member
Registered: 18th Jun 04
Location: West Yorkshire
User status: Offline
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is it a summons or "a notice of intended prosecution" some prat reckoned i hit a range rover and sped off, i got the notice... cops came and inspected my car, laffed at the bloody report they got and left... job done
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Nah its a court summons, not a notice of intended prosecution. Quite sure. Its at home at the moment and I am at work, but definatly got a court date and stuff so dont think its intended prosecution.
Dont see how they can do me without proof, and where do i stand once the car is sold?
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Rileysport
Member
Registered: 18th Jun 04
Location: West Yorkshire
User status: Offline
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they'll do you for what they want, when they want and how they want to mate... sad fact of life that one, good solicitor shud sort it tho, i know what its like trust me
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Its wank aint it, hate the fact that they can do shit like this when there are more pressing matters in life.
Thing is if I sell it it takes the option to fix out of the equation, then leaving me with a fine and shit.
If I am just gonna get a fine and court costs its probably easier and cheaper to just take it on the chin, but if they are gonna be talking big fine or points then I am gonna have to fight it.
If they asked me to fix it I would just put the standard system back on to take the piss.
Cheers for the help buddy.
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timrud_
Member
Registered: 3rd Jul 04
Location: Sheffield
User status: Offline
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Well you admitted the exhaust was not right because of the poor workmanship, so you incriminated yourself really.
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Yes, you are right. Thing is they still have no proof as to what was wrong, in the witness statement the only thing they have written down that i said was "I know its booked in on tuesday" which in my mind doesn't prove anything.
The other thing pissing me off was whilst I was pulled over a car went past clearly exceeding the spped limit, which the coppers noticed and commented on but actually did nothing. He refused to look at the exhaust to back up what was saying. I also ended up waiting in the car for 40 min for a name check because the copper just didnt seem able to copy down the details I was giving him.
Piss take overall, but surely they cant take my comments as proof of it being inefficient, I am no expert.
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Makarus
Member
Registered: 25th Jun 02
Location: Nottingham/Derbyshire Boarder.
User status: Offline
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Anyone else got any comments that may help, or give me an idea on what may happen if found guilty??
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