Solicitor advice.

[tut]

Robin here is the letter that Luke sent in.

tut

"Justice of the Peace Court
Sheriff Court House
72 St Peter Street
Peterhead
AB42 6TP

PF Ref: PT09001363

Dear Sir

I would like to explain the circumstances of the two charges laid against me.

Charge 1: Driving a moped in Aden Country Park on 7 June 2009
Contrary to Road Traffic Act 1988, Section 34(1)(a)

I did drive my moped across the field in that I was sat astride the moped and the engine was running. However, I had been camping in the field with some friends and simply rode across the field once in each direction. I did this because I did not want to park my scooter beside the road overnight in case it was stolen or vandalised. I think my feet were down most of the time also.

I did not know that what I did was against the law, and although I know this is no excuse, I would like to say that I would not have done so had I known I was breaking the law.

Every year since I was small there have been events on this field involving either motor bikes or cars. My father has taken me with him to visit the campers/bikers and to look at the bikes in the past. The field would be full of tents with the motor bikes parked beside them. This event seemed to occur at least once a year until recently. For this reason I thought it was allowed to take bikes/scooters onto the field. I enclose two photographs of the field in question, showing some sort of caravan rally. It is common to see vehicles on this field.

Since I have been charged my father has spoken to the Chief Warden of the park and the Warden agreed that had I applied for permission it would probably have been granted, subject to certain rules being maintained. The Warden obviously cannot give permission retrospectively but he indicated to my father that, since no damage had been done to the park, he did not feel the need to prosecute the offence himself.

I enclose photos in support of the fact that there are often motor vehicles on this part of Aden Park.

I apologise for driving my moped in this field, and would like to emphasise that I was not “joy-riding” or larking about. I simply thought it was safer to have my scooter next to my tent.

Charge 2: Not displaying “L” plates on my moped whilst driving on a road.
Contrary to Road Traffic act 1988, Section 87(1)

This charge is not strictly correct in that the police officers stopped me before I rode my moped on the road. Also, I had a complete “L” plate on the front of my moped and half an “L” plate on the back.

I know I should check my vehicle before riding it but I had not noticed that the bottom half of my rear “L” plate was torn off. Had I realised I would have replaced it.

I had put my “L” plates on very securely, (please see the photographs,) and I did not realise that our young GSD dog had chewed the bottom half of the plate, thus making it illegal. I have enclosed a photograph of the rear plate after the police pointed out that I was not displaying plates in the proper manner. As you can see, there was still part of the plate showing and the front plate was secure, which indicates that I had not deliberately removed the plates or failed to put the plates on. The error was that I did not notice the damage our dog had done to the plates and then rectify the problem before taking my bike out.

I did explain to the police officers that we have a young German Shepherd dog who chews anything and everything. In fact, my sister, who was passing stopped and also tried to explain this to the officers. I also pointed out that they were charging me with having no “L” plates but I had one and a half “L” plates.

I have now put a complete new plate on the moped and I park it where the dog cannot chew anything on it. I enclose photos of the “L” plates as they were originally attached to the scooter, and as they are again now.

I apologise for my mistakes and hope that this letter helps you to understand how they came about.

I enclose both Part 1 and Part 2 of my provisional licence as requested.

Thank you.

Yours faithfully

Luke Morris DUNCAN Date of birth: 12/11/92
Enclosures"

[pete]

Good letter. I'd let him off. (but I'm not a judge. Yet.)

[bertieduff]

Whole thing sucks Tut- hope that does the trick.

[Mr Momo]

Like the tone of the letter - sounds like a waste of JP time if the JP takes it further

/2p

[ClarkyBoy]

thats a well written letter,

i wrote a similar one when i was chrged with 2 bald tyre on me bmw, managed to get it down to only being charged for 1 tyre, so they do read them, which is always a good thing.

good luck to Jamie with it.

[tut]

Thanks guys, Clark, Jamie is Clare's boyfriend, this is Luke.

tut

[ClarkyBoy]

yeah, i will get my coat, head is up my ass this week, cant wait for a proper sleep!! roll on oil week being over>>>

[neil]

head is up my ass this week

and that's a change from normal?

[ClarkyBoy]

only slightly....!