PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

1531 Pages V   1 2 3 > » 

The Rookie
Posted on: Today, 12:31


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


It would raise a good GDPR question though, if you use form V888 you have to show reasonable cause and the form is audited, ATA members are expected to have reasonable cause by virtue of following their ATA CoP, if they demonstrably don't and the ATA isn't enforcing properly and the DVLA are not auditing then that could, AIUI represent then a GDPR breach by the DVLA as their 'reasonable cause' GooJF card would be invalid.
  Forum: News / Press Articles · Post Preview: #1425356 · Replies: 16 · Views: 370

The Rookie
Posted on: Today, 12:10


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


I though ctrl+Z fixed everything?
  Forum: The Flame Pit · Post Preview: #1425350 · Replies: 5 · Views: 179

The Rookie
Posted on: Today, 07:10


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


One for Fredd/SP, but I know from another forum the answer is probably a yes they can and yes it will.
  Forum: The Flame Pit · Post Preview: #1425245 · Replies: 5 · Views: 179

The Rookie
Posted on: Today, 07:08


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Indeed, although the latest handheld LTI's (I'm sure it's the LTi's) have a video facility.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425244 · Replies: 17 · Views: 789

The Rookie
Posted on: Today, 06:59


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


QUOTE (Wheels @ Sun, 14 Oct 2018 - 23:14) *
A friend of mine asked if her ex partner may have taken the paperwork away so it wasn't found, he denies this, but I hadn't considered that before? If this turned out to be true, would this be new information that could clear my daughter, would this be classed as perverting the course of justice? I honestly don't think he did, but I'm just thinking out loud?

Whoa.....where they in the habit of opening each others mail?
1/ What new information? Its at best a guess, at worst a malicious rumour
2/ How would he know what it was if it wasn't opened (most forces use plain envelopes), and if she had opened it then that makes it worse as she would already know it had been received (served) removing any defence at all.
3/ If she had already opened and read it then I'd struggle to see a PCOJ in that anyway as she was well aware of it, in fact if she knew it was taken there could be an argument they engaged in it together for convenience (not true I'm sure, just it's an argument that could be made, but not something you want being suggested).

  Forum: Speeding and other Criminal Offences · Post Preview: #1425241 · Replies: 35 · Views: 1,267

The Rookie
Posted on: Yesterday, 12:42


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


As a rule of thumb late appeals are accepted where either
1/ There’s was a good reason that the defendant couldn’t appeal earlier
2/ New information has come to light since that renders the conviction unsafe

There are of course sub groups within those but the vast majority fall into those two, neither of which appear to apply unless a court accept her illness rendered it impossible for her to appeal earlier which you may struggle with.

Any first appeal will see the case heard anew, what happened in the previous hearing will be a nullity. You’ll have to convince the judge that no S172 request was served. At that stage it would be worth minimising the effects of her condition in my opinion as it renders an oversight more likley.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425075 · Replies: 35 · Views: 1,267

The Rookie
Posted on: Yesterday, 08:57


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


When acknowledging service enter nothing at all in the defence box, not a space not even a .
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425019 · Replies: 16 · Views: 765

The Rookie
Posted on: Sat, 13 Oct 2018 - 19:02


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


QUOTE (Tank Engine @ Fri, 12 Oct 2018 - 23:48) *
Rookie, Rulez are there to guide the wise - and to command fools.

Indeed, but would everyone else agree with you if you claim to be wise?

At work people often tell me they are smart enough to break the rules, only for the subsequent results to prove them wrong!
  Forum: The Flame Pit · Post Preview: #1424947 · Replies: 78 · Views: 2,294

The Rookie
Posted on: Sat, 13 Oct 2018 - 18:30


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


No, easiest to ring them, explain the problem and ask them to send you the form they would like you to fill in.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424940 · Replies: 20 · Views: 769

The Rookie
Posted on: Sat, 13 Oct 2018 - 18:17


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


So do mine, but when I pushed them a bit harder ‘If you have enough evidence to convict why are you only issuing warnings?’ They admitted they weren’t confident the evidence would stand up in court at all. And were very unlikely to actually do it. In addition a work colleague has had 3, no NIP/S172 yet.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424931 · Replies: 17 · Views: 789

The Rookie
Posted on: Sat, 13 Oct 2018 - 18:14


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


QUOTE (cp8759 @ Sat, 13 Oct 2018 - 18:33) *
The police will send at least 2 or 3 reminders

That’s not true, we’ve had cases whe no reminders were sent (from the prosecution evidence) and many were only one was sent.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424928 · Replies: 5 · Views: 501

The Rookie
Posted on: Sat, 13 Oct 2018 - 18:11


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


MS90 is for failing to furnish.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424925 · Replies: 35 · Views: 1,267

The Rookie
Posted on: Sat, 13 Oct 2018 - 05:00


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


I think you’ll struggle to get an appeal heard on the first case, I can’t see you have any good reason for not appealing in time.

You need to be much better prepared for the second case, you need to be sure if it’s non receipt of the reply or that they found it unsatisfactory for some other reason. Can you ask the nominated driver if they received anything at all, better still if they will agree to be a witness to the fact that they were indeed driving and thus your daughter had nothing to gain by not replying.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424784 · Replies: 35 · Views: 1,267

The Rookie
Posted on: Fri, 12 Oct 2018 - 21:31


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


QUOTE (The Rookie @ Thu, 11 Oct 2018 - 13:41) *
As you only have 2 previous threads its hard to follow how 5 or 6 times you were told you had no chance. Or are you admitting breaching the rules?

Also noting that SP never says anything of the sort anyway.

  Forum: The Flame Pit · Post Preview: #1424728 · Replies: 78 · Views: 2,294

The Rookie
Posted on: Fri, 12 Oct 2018 - 18:42


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


For 101 the case will be decided in court, 6 points is very likley although a short ban isn’t impossible you’d have to work quite hard to upset the bench enough to award one. Fine is income related and circa 1 weeks take home pay (salary less tax and NI only) plus £85 costs and a surcharge of 10% (£30 minimum).
  Forum: Speeding and other Criminal Offences · Post Preview: #1424679 · Replies: 3 · Views: 305

The Rookie
Posted on: Fri, 12 Oct 2018 - 18:39


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


The statutory pause on Amber is 3 plus or minus 0.25 seconds, so it’s hardly a suprise it came on after 3 seconds.

3 seconds at 60 leaves enough distance to stop at even the rather archaic Highway Code braking rate.

You’d be surprised at the number of people who definitely crossed on amber who then get pictures showing they most definitely did not.

Search for and read up on unsigned and then ask any further questions you may have.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424677 · Replies: 6 · Views: 512

The Rookie
Posted on: Fri, 12 Oct 2018 - 12:13


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Not the "contacting them is accepting responsibility" BS still.......
  Forum: The Flame Pit · Post Preview: #1424522 · Replies: 4 · Views: 283

The Rookie
Posted on: Fri, 12 Oct 2018 - 10:59


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


QUOTE (southpaw82 @ Wed, 10 Oct 2018 - 18:25) *
QUOTE (The Rookie @ Wed, 10 Oct 2018 - 18:22) *
QUOTE (southpaw82 @ Wed, 10 Oct 2018 - 17:39) *
QUOTE (The Rookie @ Wed, 10 Oct 2018 - 10:38) *
policing the ATA's IS the DVLA's remit

Where does it say that?

They audit them, they give them the ATA status, so they should be policing them as well. Certainly no other body is involved.

Right. I just wasn’t sure whether it was your opinion or something else.

Having found no FOI's on the matter, I've now FOI'd the DVLA for
1/ The ATA approval process
2/ When the BPA and IPC were both last audited
3/ The frequency of audits
4/ the results of the last audits

Lets see how seriously DVLA take this!
  Forum: News / Press Articles · Post Preview: #1424495 · Replies: 16 · Views: 370

The Rookie
Posted on: Fri, 12 Oct 2018 - 09:56


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Reference the second request
1/ Who was it addressed to
2/ Who completed it
3/ Who signed it
4/ Who does it name as driver

If the accused was driving it's a simple exercise to plead guilty to speeding and the FTF being dropped, however this has to be handled PROPERLY. Has she (you) plead not guilty to both?
  Forum: Speeding and other Criminal Offences · Post Preview: #1424476 · Replies: 35 · Views: 1,267

The Rookie
Posted on: Fri, 12 Oct 2018 - 09:27


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Worst, you end in court, best nothing...

Phone them NOW and explain your mistake, send it TODAY, chances are they'll just process it as normal.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424458 · Replies: 3 · Views: 371

The Rookie
Posted on: Fri, 12 Oct 2018 - 07:49


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Most camera operators are not police officers but are civilians employed by the Police, so as such they 'are the Police'.

You can take it to court, plead not guilty and have the evidence analysed and see if you can prove an an (unlikely) error in the equipment.

You (just) qualify for an awareness course, as it seems you accept you were probably speeding anyway (you'd have to prove you did no more than circa 33mph, maybe even less than 31mph if you get a bloody minded bench, to get a not guilty verdict really) then taking the course seems the pragmatic approach.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424431 · Replies: 17 · Views: 789

The Rookie
Posted on: Fri, 12 Oct 2018 - 07:45


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


You've almost certainly got the NIP as the first NIP probably found its way via the RK, to the dealership who named you as the purchaser. If they were using Paper to update the RK rather than online it probably wasn't actioned at the time of the alleged offence.

Why isn't relevant anyway, you still have to respond to the S172 request which they can send to anyone they have a reasonable belief would have information.

1. Correct, you have no choice as noted above.
2. No, firstly as you can't challenge a 'notice' as its is just, erm, a notice! Secondly the only NIP relevant in statute is to the person showing as the RK at that time. He may have a defence but as the offence alleged qualifies for a speed awareness course you would have to be very certain of a solid defence before passing up that opportunity.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424429 · Replies: 3 · Views: 338

The Rookie
Posted on: Fri, 12 Oct 2018 - 07:39


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


What is the maximum weight, if it has rear seats it is either a dual purpose (load area) or a car (no load area) which would normally use car speed limits except for a DPV which is over the max permitted GVW (3500kg from memory but I'd have to check).

Taxation class isn't, of itself, relevant at all.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424427 · Replies: 4 · Views: 366

The Rookie
Posted on: Fri, 12 Oct 2018 - 06:14


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


It certainly raises the issue as to whether it would be expeditious to have you named as the registered keeper, not answering awkward mail such as NIPs and PCNs leads to a much greater level of hurt than answering them promptly.

To answer your questions
1/ No, but you’d have to convince the court that the request wasn’t received, without the main witness there that was never going to be possible, even with it would be an uphill issue
2/ Right or wrong, it’s the law, it’s part of the obligation you effectively sign up to when allowed to drive.
3/ What was requested? They supply sufficient to secure a conviction, if you want more it's your responsibility to ask for it, you can't just turn up on the day and ask why other evidence wasn't provided.
4/ Too many questions need answering before I can answer that, when did the ‘melt down’ occur, was an adjournment requested as soon as it was obvious she couldn’t attend etc.
5/ You just appeal the verdict, how long ago was that?

The fact she has a second offence ending suggests she isn’t capable of handling her paperwork, have you checked the V5c details are all correct?
  Forum: Speeding and other Criminal Offences · Post Preview: #1424406 · Replies: 35 · Views: 1,267

The Rookie
Posted on: Thu, 11 Oct 2018 - 20:15


Member


Group: Members
Posts: 39,681
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Why do you say the person with the speed device wasn’t Police when you now have a NIP from the Police?
  Forum: Speeding and other Criminal Offences · Post Preview: #1424348 · Replies: 17 · Views: 789

1531 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Monday, 15th October 2018 - 15:58
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.