How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22481
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Traffic Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I got caught taking someone on the back of my moped on a

Customer Question

Hi I got caught taking someone on the back of my moped on a provisional licence. The police officer reported us and sent the ticket a few days later in post it says the code, which I researched and it stated non endorsable on the internet. A week or two later I got the official paper stating that it was endorsable and 3 points on licence. I phoned them up and they said the officer wrote the wrong code on the ticket and requested to change it after. However I'm pretty sure this isn't legal, the code says non endorsable however they change it ? The ticket also says (restricted when completed) on the bottom. What does this mean? Any help on how I can get these points off as I'm only 17
Submitted: 4 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 months ago.

On what basis were you hoping to get them removed?

Customer: replied 4 months ago.
They haven't put them on yet as they need my licence which I haven't sent yet. Would I need to take them to court and is it possible for them to change the endorsement
Expert:  Jo C. replied 4 months ago.

it is endoresable.

This is driving otherwise than in accordance with a licence. That carries points.

Expert:  Jo C. replied 4 months ago.

Restricted is a different issue.

That is not endorseable per se but the problem here is that it means you were driving without a licence so that is endorseable.

Expert:  Jo C. replied 4 months ago.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
No the code was rt88507 which is non endorsable. They then say it is which it isn't. However what does restricted when completed mean? Can you be clearer thanks
Customer: replied 4 months ago.
I do have a licence also I was driving someone on back of my ped
Expert:  Jo C. replied 4 months ago.

Not if you have a provisional and you were carrying a passenger. That is driving not in accordance with a licence which is endorseable.

Customer: replied 4 months ago.
They said on the ticket that code so what do I do from here?
Expert:  Jo C. replied 4 months ago.

Well, on the facts you present above you should be pleading guilty as you have no defence.

Customer: replied 4 months ago.
but they said it was non endorsable and now have changed it
Expert:  Stuart J replied 4 months ago.

I agree with everything my colleague has said. Let me add something.

Unfortunately, they have 6 months from giving you the notice of intended prosecution, to issue proceedings and hence, even if this was problematical for them, they could change it as many times as you like. It may seem grossly unfair that they tell you one thing when the reality is different, but that’s the situation. Ignorance of the law is no defence and you were aware when you carried the passenger and you had a provisional licence, that would be an offenceor if you did not, you should have done..

It would not be an offence if the passenger had a full motorcycle licence.

Customer: replied 4 months ago.
The passenger did have a provisional licence
Expert:  Stuart J replied 4 months ago.

So you committed an offence.

Having a passenger with a provisional licence is no use. It must be a full licence.

You admit that you committed the offence.

Even though you were told you wouldn’t get points, you will. There is no way around that. Sorry

Related UK Traffic Law Questions