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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64384
Experience:  Over 5 years in practice.
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Hi, Need your advice. I was driving home and near my home there

Resolved Question:

Hi, Need your advice. I was driving home and near my home there was some road work going on, street near my house was placed sign CLOSED, I didnt realize and thought no work is going on that particular street so Moved the CLOSED sign and drove past. A guy which didnt look like constable or from police but he was more like the road work guys came to me car (while i was stopped to put the CLOSE sign back) and took picture of Car and told me that I broke law and so i will receive FPN by post containing £60 fine and 3 penalty points. he didn't ask me for anything like license or any ID.

Now problem is that I have different address on my Driving license. My questions are:

1- At which address the FPN will be served ,License or my Vehilce Registered address.
2- If at Driving license address (which is far from past and I cant get FPN from there) then how can i get copy notice.
3. Based on the information above will i be served FPN at all or not. Means can some one from Road work guy actually issue FPN.

Regards
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Is the car kept at the address of the registered keeper?
Customer: replied 1 year ago.

FOR JOMO1972



Car is kept at registered keeper address which is my current address and i will receive anything sent at this address.

Expert:  Jo C. replied 1 year ago.
Thanks.

On your specific points,

1 If you are being prosecuted it will go to the address on your licence. The issue is your conduct not the keeper of the vehicles'.

2 I am sorry but they will not do that. Its for you to keep tabs on your post there and the DVLA and the police can be very unreasonable about that. What they will say is that their only obligation is to write to the address that the DVLA have for you and if its wrong then its down to you to update it. You could get a redirection on the point from that address though.

3 Its quite unlikely anything will happen over this. Apart from anything else it depends who erected the closed notice. Anybody can put up a sign in a road but that doesn't mean that failure to observe it would amount to an offence. Their needs to be lawful authority supporting the sign.

Also, if he hasn't identified you then I don't know who he thinks he will be able to prosecute.

I wouldn't worry about this. He could report it to the police but they would have to send out a S172 form to the registered keeper demanding the identity of the driver and I would surprised if they would be interested.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

FOR JOMO1972



Thanks for your quick reply. Just to add that The Guy took picture of my car Registration plate with his MOBILE PHONE, saying that his mobile is connected to some network but for evidence purpose he has got that .



Kind regards

Expert:  Jo C. replied 1 year ago.
What would you like to know about that?
Customer: replied 1 year ago.

FOR JOMO1972



only would like to have your opinion/advice that can they road work authority issue FPN based on that evidence or not. And As I mentioned in earlier that in fact the road work was going on at MAIN ROAD by Some road work authority and they put the signs every where on the road (just to make it little more clear that it wasn't a street work) it was road work on MAIN ROAD by some road work company/authority.



Regards

Expert:  Jo C. replied 1 year ago.
A road worker cannot issue an FPN.

But the police could rely on that evidence to do that but they won't. Its just not the way that FPNs are issued.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64384
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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