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southpaw82
Posted on: Today, 20:00


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QUOTE (Atrixblue.-MFR-. @ Sat, 20 Oct 2018 - 20:45) *
QUOTE (southpaw82 @ Sat, 20 Oct 2018 - 20:13) *
Don’t forget the forum rules: if you think a poster isn’t worthy of your help, simply don’t help them or post.

That's fine and fair enough, but as I have stated and for the third time now I have taken on board the advice to the original post I made and have draft a letter I intend on sending Monday.
Yet people still wish to preach their opinions of operation snap and reasonable submission rates to me like im doing some taboo activity. ADVICE IS WELCOME ON THE OP TOPIC and always will be greatly received. But if people want to preach to me righteousness of submitting clips to operation snap need not bother posting.

Just leave the moderation to me.
  Forum: Speeding and other Criminal Offences · Post Preview: #1427004 · Replies: 26 · Views: 284

southpaw82
Posted on: Today, 19:13


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Don’t forget the forum rules: if you think a poster isn’t worthy of your help, simply don’t help them or post.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426987 · Replies: 26 · Views: 284

southpaw82
Posted on: Today, 17:49


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QUOTE (bobthesod @ Sat, 20 Oct 2018 - 18:32) *
I couldn't possibly comment

Probably best. I went as far as is permissible.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426966 · Replies: 26 · Views: 284

southpaw82
Posted on: Today, 15:59


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So... you dobbed another driver in and are now being investigated because of the footage you used to dob them in? Couldn’t make it up.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426942 · Replies: 26 · Views: 284

southpaw82
Posted on: Today, 12:41


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I once used the data to show that an individual was in the vicinity of specific bank branches when criminal property was paid into them.
  Forum: The Flame Pit · Post Preview: #1426897 · Replies: 14 · Views: 487

southpaw82
Posted on: Today, 12:24


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QUOTE (cp8759 @ Sat, 20 Oct 2018 - 12:38) *
QUOTE (666 @ Sat, 20 Oct 2018 - 12:25) *
Recorded delivery is not the answer. If I were expecting a NIP, I would just refuse delivery.

That won't work, see section 1(2) of the Road Traffic Offenders Act 1988:

"A notice shall be deemed for the purposes of subsection (1)(с) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him."

Exactly. Be careful what you wish for.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426890 · Replies: 14 · Views: 377

southpaw82
Posted on: Yesterday, 21:54


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On the face of it you have a statement saying that the s 172 notice (and NIP) was correctly addressed and posted. I think it is unlikely that you have evidence to challenge that. You could cross examine the witness to try to elicit evidence of flaws in the procedure but that’s a fishing expedition and you don’t know what you might catch.

The presumption in law is that a notice properly addressed and put in the post is delivered, unless you can prove otherwise (on the balance of probabilities). If you can do that then you have a defence to both charges.

It is up to you whether you wish to take a gamble on the court believing you re non-delivery or do a deal to accept the speeding offence in return for the s 172 being dropped - if you were in fact the driver.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426781 · Replies: 14 · Views: 377

southpaw82
Posted on: Yesterday, 17:02


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I don’t see why a trailer isn’t part of “the vehicle”. I think you’d be hard pushed to argue otherwise.
  Forum: The Flame Pit · Post Preview: #1426710 · Replies: 11 · Views: 213

southpaw82
Posted on: Thu, 18 Oct 2018 - 20:51


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QUOTE (maxti @ Thu, 18 Oct 2018 - 21:33) *
They are asking for the driver to be named as both my wife and myself were in the car at the time.

They’d be asking regardless of how many people were in the car - they don’t know who was driving, only who the registered keeper is.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426490 · Replies: 4 · Views: 320

southpaw82
Posted on: Thu, 18 Oct 2018 - 16:58


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That’s not a ticket and it’s not from the police.

It would be better if he posted here himself.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426417 · Replies: 8 · Views: 471

southpaw82
Posted on: Thu, 18 Oct 2018 - 16:57


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QUOTE (johnojones @ Thu, 18 Oct 2018 - 16:11) *
Ok, with time running out i had to call my council offices. Firstly, it was a parking charge notice. although fixed penalty notice is used in their correspondence, this and the NIP refer to it as a non-payment of a fine.(odd).


Presumably because Kettering appears still to be under criminal enforcement, not decriminalised. As such, it would be an FPN/ECN as opposed to a PCN.

QUOTE
i will be contesting on the grounds of lack of signage, rightly or wrongly,as a lifelong citizen of this town in question, I feel strongly about the situation knowing it can so easily be rectified. My choice, I might as well try.

Just be aware that will make no difference if you’re prosecuted under s 112 for not naming the driver.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426416 · Replies: 16 · Views: 251

southpaw82
Posted on: Wed, 17 Oct 2018 - 18:30


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QUOTE (KH_ @ Wed, 17 Oct 2018 - 18:19) *
There was an interesting, and worrying, thing happened over the weekend that leads me to believe the police can track a vehicle without it necessarily being on the ANPR database as being 'watched'
Worrying in that a relative had gone missing, not the Big Brother aspect.

An elderly relative was due to travel to a town several hundred miles away with a stop at relatives along the way. Left early Saturday and at lunchtime Sunday was missing and uncontactable.
We got the police involved who told us, after a delay of a couple of hours, that the vehicle had been traced to the area of the final destination and, some time later, that the vehicle and driver had been located, both fine and nothing to worry about.
No more details than that.

This would suggest that they have been able to input the reg into their ANPR and monitor backwards for it. I had no idea that was possible, or perhaps they used some other method to 'trace' the vehicle

Yes. All vehicles that pass an ANPR camera have their VRM recorded and stored - I don't know how long for. This database is searchable, though searches over a certain period of time required the authority of a superintendent (in one of my forces). This is different to a vehicle being on the watchlist, where an ANPR 'ping' will result in an active alert on the system, rather than the VRM only being passively recorded.
  Forum: The Flame Pit · Post Preview: #1426158 · Replies: 14 · Views: 487

southpaw82
Posted on: Wed, 17 Oct 2018 - 10:52


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QUOTE (Wheels @ Mon, 15 Oct 2018 - 15:42) *
QUOTE (southpaw82 @ Mon, 15 Oct 2018 - 15:14) *
QUOTE (Wheels @ Mon, 15 Oct 2018 - 15:08) *
I don't have any & don't think he would, but my friend put the thought in my head?

Well, courts work on evidence. Your daughter can’t just pitch up and say “well, he might have done this or that” and expect the court to find that it was so.

As to being out of time, there is a discretion for the court to extend the time limit even after it has expired. Your daughter would need to show good reason for it being out of time. If you tell us those reasons it may be possible to give some guidance as to the prospects of success.


The only reasons I have is her anxiety & her not wanting her to have the distress of going to court, time taken to discuss it between the ups and downs, firstly not wanting to, based on the false info of a friend, then being in the frame of mind to have a sensible discussion, which delayed the it immensely, me trying not to be the pushy parent who then ends up pushing her in the opposite direction, followed by the other things coming through that need attention. She would rather not go to court at all and taking the points was weighed up against that, but now I pointed out she may lose her licence then the lesser issue would be going to court. It's mainly about mood & anxiety delays really? Although the fact given her issues they tried her in her absence, perhaps isn't fair, I genuinely believed they were going to drop the case and continued with a trial instead.

They’re not great reasons but they’re all she has. She has little to lose by putting the form in and seeing if leave will be granted on the papers. If it requires a hearing, and that hearing is contested by the prosecution, she’s at risk of costs if she loses.

I don’t see any real difficulty with the case being heard in her absence. She knew when it was but did not attend. If the court’s response was to drop it nobody would ever attend court!
  Forum: Speeding and other Criminal Offences · Post Preview: #1426044 · Replies: 42 · Views: 2,244

southpaw82
Posted on: Tue, 16 Oct 2018 - 13:21


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If you were legally represented, it would be your lawyer’s duty to bring the guidance to the court’s attention. That being so, I don’t see how it could be to your detriment to do likewise.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425781 · Replies: 4 · Views: 396

southpaw82
Posted on: Tue, 16 Oct 2018 - 12:14


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Behave, children.
  Forum: The Flame Pit · Post Preview: #1425738 · Replies: 38 · Views: 1,490

southpaw82
Posted on: Mon, 15 Oct 2018 - 14:14


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QUOTE (Wheels @ Mon, 15 Oct 2018 - 15:08) *
I don't have any & don't think he would, but my friend put the thought in my head?

Well, courts work on evidence. Your daughter can’t just pitch up and say “well, he might have done this or that” and expect the court to find that it was so.

As to being out of time, there is a discretion for the court to extend the time limit even after it has expired. Your daughter would need to show good reason for it being out of time. If you tell us those reasons it may be possible to give some guidance as to the prospects of success.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425391 · Replies: 42 · Views: 2,244

southpaw82
Posted on: Sun, 14 Oct 2018 - 22:27


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QUOTE (Wheels @ Sun, 14 Oct 2018 - 23:14) *
QUOTE (The Rookie @ Sun, 14 Oct 2018 - 13:42) *
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.


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?

What evidence do you have of that?
  Forum: Speeding and other Criminal Offences · Post Preview: #1425220 · Replies: 42 · Views: 2,244

southpaw82
Posted on: Sun, 14 Oct 2018 - 15:48


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QUOTE (Ruta @ Sun, 14 Oct 2018 - 16:19) *
what would i just state who was driving

I would start with pointing out that the reverse of the form was blank so you will supply the driver’s name, address, date of birth and driving licence number (assuming you know these) and offering to supply further information if they need it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425114 · Replies: 20 · Views: 1,012

southpaw82
Posted on: Sun, 14 Oct 2018 - 15:16


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The s 172 requirement has been made, you need to comply with it. Reply using a signed letter.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425107 · Replies: 20 · Views: 1,012

southpaw82
Posted on: Sat, 13 Oct 2018 - 23:10


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QUOTE (seank @ Sat, 13 Oct 2018 - 23:25) *
Why would the owner of a vehicle (my company) make any difference to an authority delivering an NIP on time, or late, please?
Could you, kindly, answer the question that we are raising? What advice would you give this newbie, versus the result I saw, in person? Please, if you don't mind.
Tell me then, what is the use of this forum, in such cases.
Many thanks,

You haven’t answered my question though - what would you do?

I suspect the answer you’re looking for is “advise them to check when the NIP was served”. I’ve seen that advice given often enough, such as here, here and here. If that’s not the answer you’re looking for then what is?
  Forum: The Flame Pit · Post Preview: #1424999 · Replies: 78 · Views: 2,530

southpaw82
Posted on: Sat, 13 Oct 2018 - 23:01


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QUOTE (Wheels @ Sat, 13 Oct 2018 - 23:27) *
So please is there a criteria that needs to be met for a late appeal to be accepted, before I get the chance to outline the appeal, because I should get it in pronto and don't know what points I should include?

There will be guidance but since it’s the weekend and I’ve not brought my copy of Wilkinsons home nor committed it to memory you will have to wait. What I can say is that being able to make the appeal but choosing not to do so isn’t a great start.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424994 · Replies: 42 · Views: 2,244

southpaw82
Posted on: Sat, 13 Oct 2018 - 21:22


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QUOTE (seank @ Sat, 13 Oct 2018 - 22:12) *
Poster Dave B.
Newbie. No previous posts.

I have received an NIP from my vehicle loan company. I apparently exceeded the speed limit. There is photographic evidence, they say.
I am not the registered keeper.
I asked for photos to identify the driver, and they clearly show that it's me. I know it was me, actually. I like speed and have been prosecuted before and have another NIP for speeding in the same vehicle, to be heard later.
What should I do, please?

How would people here reply? Would Mr. Dave get a Fightback response or a roll-over response?

Fightback, my arse.

What would you tell him to do?
  Forum: The Flame Pit · Post Preview: #1424977 · Replies: 78 · Views: 2,530

southpaw82
Posted on: Fri, 12 Oct 2018 - 22:55


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QUOTE (Tank Engine @ Fri, 12 Oct 2018 - 23:48) *
SP, who has (had?) a first-class noddle - Rather than snipe, just ftsoa hypothesise I'm more right, on this issue, than wrong. What's the fix, then?

I don’t mind hypothesising - in fact one occurred to me: even if you’re correct, what of it? You tell me what the fix is.
  Forum: The Flame Pit · Post Preview: #1424754 · Replies: 78 · Views: 2,530

southpaw82
Posted on: Fri, 12 Oct 2018 - 21:31


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QUOTE (DancingDad @ Fri, 12 Oct 2018 - 20:47) *
QUOTE (Tank Engine @ Fri, 12 Oct 2018 - 18:55) *
………... - that this has become a "Give In" forum, not a fight-back one - and pursue such distractions and trivia?

Carry on, if you must...


I must be a servile stooge, simply because I don't see that either the council or the PPC forums advocate giving in very often.
Dislike the speeding side if you will but sometimes the best service that can be given is to layout the options and repercussions of fighting back.
I am with SP regarding one thing that any regular poster should be aware of, it is not our money, licence or points at risk.
Poor advice can put someone else's at risk, even cast iron defences can be lost should the OP fail to understand a point or treat it like a silver bullet.

Thank you, my servile obsequious stooge.
  Forum: The Flame Pit · Post Preview: #1424727 · Replies: 78 · Views: 2,530

southpaw82
Posted on: Fri, 12 Oct 2018 - 12:03


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I must have more than one person in mind!
  Forum: The Flame Pit · Post Preview: #1424514 · Replies: 78 · Views: 2,530

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