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southpaw82
Posted on: Yesterday, 21:28


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QUOTE (scribz @ Tue, 19 Jun 2018 - 22:19) *
QUOTE (southpaw82 @ Tue, 19 Jun 2018 - 22:03) *
Cross-examination is a skill that even advocates of many years experience remind themselves of before they go into court to do it. An amateur doing it is likely to be exactly that. If you hire a lawyer and win you get your costs at the legal aid rate, I believe. It’s up to you to make up any difference between the legal aid rate and any private rate your lawyer charges you.


Based on what you have read so far what do you think in your opinion or the chances of winning if i was to get representation and the chances of winning if i was to represent myself?

No idea, I’ve not read the statements nor taken a proof of evidence from you, nor do I want to. What I can say is your chances are better with a lawyer than without.
  Forum: Speeding and other Criminal Offences · Post Preview: #1392148 · Replies: 35 · Views: 1,359

southpaw82
Posted on: Yesterday, 21:04


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£300 is remarkably cheap.
  Forum: Speeding and other Criminal Offences · Post Preview: #1392143 · Replies: 3 · Views: 116

southpaw82
Posted on: Yesterday, 21:03


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Cross-examination is a skill that even advocates of many years experience remind themselves of before they go into court to do it. An amateur doing it is likely to be exactly that. If you hire a lawyer and win you get your costs at the legal aid rate, I believe. It’s up to you to make up any difference between the legal aid rate and any private rate your lawyer charges you.
  Forum: Speeding and other Criminal Offences · Post Preview: #1392142 · Replies: 35 · Views: 1,359

southpaw82
Posted on: Mon, 18 Jun 2018 - 17:25


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QUOTE (notmeatloaf @ Mon, 18 Jun 2018 - 16:44) *
Cyclists have a duty to spot cars because they are big and cede priority as required?

You have a duty to avoid a collision, the same as everybody else. How much you're able to do so will vary depending on the circumstances between "none" and "completely". Even if a driver has "right of way" (apparently a contested term) they cannot necessarily absolve themselves of all responsibility for a collision if they could have avoided it. All too often, on this forum and elsewhere, I see people banging on about "right of way" etc as if this is a complete answer to the question of liability. It rarely is - the test is normally simple negligence and driving/riding like a tw@t will often mean running afoul of that test regardless of having the "right of way".
  Forum: The Flame Pit · Post Preview: #1391764 · Replies: 126 · Views: 2,343

southpaw82
Posted on: Mon, 18 Jun 2018 - 17:19


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QUOTE (Fredd @ Mon, 18 Jun 2018 - 18:11) *
QUOTE (NewJudge @ Mon, 18 Jun 2018 - 16:48) *
the £30 is a surcharge (popularly known as a "Victim Surcharge). This is charged at 10% of the fine, minimum £30, maximum £170.

It's hardly just "popularly known" as that when that's what the court service, sentencing guidelines council, and every government website I can find call it. If you'd said farcically, duplicitously, or ludicrously known as then I could have seen your point.

It's not what statute calls it though (or at least didn't, if it's changed). A bit like "PCSOs" are actually Community Support Officers in the Police Reform Act but are popularly known as Police CSOs...
  Forum: Speeding and other Criminal Offences · Post Preview: #1391762 · Replies: 26 · Views: 1,260

southpaw82
Posted on: Mon, 18 Jun 2018 - 17:16


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QUOTE (Trixie2 @ Mon, 18 Jun 2018 - 10:21) *
Oh I'm really confused. In post #158 I was told to put in keeper liability. Shall I just say on such and such a date I was sent a NtK that was non-compliant - please see appendix xxx...? Or not mention non-compliance at all and just state I was sent the NtK?

Re numbering paragraphs - I absolutely intend to do that as soon as I know I'm not adding in anymore paragraphs etc and it's a finished product.



QUOTE (nosferatu1001 @ Mon, 18 Jun 2018 - 13:27) *
You could say there was an NtK that did not meet the requierments of POFA because x, y, z facts
That isnt an argument, it is a statement of facts.

It's a statement of opinion, not facts, and it's normally unwise to give the court conclusions on something that is wholly within its remit to decide. One way of wording it would be "I am advised by persons who have assisted me, and believe, that the notice to keeper does not comply with the provisions of the Protection of Freedoms Act 2012".

Arguments are not made in witness statements - they are made orally in court, set out in brief (and I mean brief) form if necessary in a skeleton argument. We do not do American style "briefs/pleadings" setting out written arguments in the UK, unless the court specifically asks for them in lieu of an oral hearing.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391760 · Replies: 177 · Views: 11,253

southpaw82
Posted on: Mon, 18 Jun 2018 - 07:02


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QUOTE (Jlc @ Mon, 18 Jun 2018 - 07:41) *
IMHO I think some professional help is required if pleading not guilty. It may be a costly experience without it.

Exactly. Cross examination isn’t for amateurs.
  Forum: Speeding and other Criminal Offences · Post Preview: #1391498 · Replies: 35 · Views: 1,359

southpaw82
Posted on: Sun, 17 Jun 2018 - 21:31


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What do you want to plead not guilty for?
  Forum: Speeding and other Criminal Offences · Post Preview: #1391452 · Replies: 51 · Views: 2,783

southpaw82
Posted on: Sun, 17 Jun 2018 - 20:09


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Remind him of s 154 of the Road Traffic Act 1988.
  Forum: The Flame Pit · Post Preview: #1391424 · Replies: 126 · Views: 2,343

southpaw82
Posted on: Sun, 17 Jun 2018 - 14:36


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And what do the witness statements say?
  Forum: Speeding and other Criminal Offences · Post Preview: #1391310 · Replies: 35 · Views: 1,359

southpaw82
Posted on: Sat, 16 Jun 2018 - 22:14


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There should be no argument, legal or otherwise, in a witness statement. You can only (properly) put in a witness statement what you could say from the witness box in court. You cannot make legal argument (or any other type of argument) or tell the court what you think the law is from the witness box, therefore you cannot (should not) do it in a witness statement.

You also need to set it out in accordance with the rules and practice directions - such as numbering your paragraphs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391228 · Replies: 177 · Views: 11,253

southpaw82
Posted on: Sat, 16 Jun 2018 - 20:59


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QUOTE (Motofun99 @ Sat, 16 Jun 2018 - 09:52) *
Tempted to go to the high court but anyone know the cost involved ?


I’ve just taken £10k on account of fees for one.

As an aside, I’ve deleted a lot of posts that were simply bickering again. It seems to happen a lot in this forum. Please don’t.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391215 · Replies: 51 · Views: 2,210

southpaw82
Posted on: Sat, 16 Jun 2018 - 18:29


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QUOTE (Eljayjay @ Sat, 16 Jun 2018 - 19:09) *
It seems to me that what has happened here is that a private car park intended for residents (and, possibly, their visitors) has been turned into a commercial car park because the parking company now offers parking to all comers. [Even though all comers are not really wanted, they are being offered parking, albeit at a heavy price.] So, they are providing a service to the public and must very definitely make reasonable adjustments.

Is that actually what they’re doing, on a proper analysis? Or are they imposing the charges on all comers as a deterrent?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391176 · Replies: 48 · Views: 1,921

southpaw82
Posted on: Sat, 16 Jun 2018 - 12:32


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QUOTE (facade @ Sat, 16 Jun 2018 - 11:09) *
QUOTE (DancingDad @ Sat, 16 Jun 2018 - 10:29) *
But according to TSRGD, it is specific that the restriction only applies on the markings.
Though some adjudicators take a purposeful view that they apply across the highway, centre to edge.


I didn't know that, I thought it was the same as double yellows, centre to edge.
So they would be fine waiting as long as no part of their vehicle overhangs- would it be actual yellow paint, or an imaginary rectangle drawn around the edges of the zig-zags? and they can stop several feet from the kerb if they are not actually parked so the rule about parking close to the kerb won't apply.

"Area of the carriageway” suggests to centreline on a purposive interpretation.
  Forum: The Flame Pit · Post Preview: #1391081 · Replies: 20 · Views: 503

southpaw82
Posted on: Sat, 16 Jun 2018 - 12:27


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QUOTE (Jlc @ Sat, 16 Jun 2018 - 12:06) *
6 triggering a revocation of your licence under new drivers act.

Not if he’s held a licence for 3 years as claimed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1391079 · Replies: 12 · Views: 888

southpaw82
Posted on: Fri, 15 Jun 2018 - 23:37


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QUOTE (Incandescent @ Fri, 15 Jun 2018 - 21:27) *
so the motorists, whilst being very inconsiderate and rude, have actually done nothing illegal.

Rubbish.
  Forum: The Flame Pit · Post Preview: #1391003 · Replies: 20 · Views: 503

southpaw82
Posted on: Fri, 15 Jun 2018 - 17:20


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QUOTE (The Rookie @ Fri, 15 Jun 2018 - 12:28) *
I'm not sure if any have gone as far as PMs

PPCs have.
  Forum: The Flame Pit · Post Preview: #1390880 · Replies: 6 · Views: 282

southpaw82
Posted on: Fri, 15 Jun 2018 - 17:19


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Yeah, that used to attract my attention outside schools... you didn’t want my attention. One woman got herself arrested in similar circumstances when she got my attention.
  Forum: The Flame Pit · Post Preview: #1390878 · Replies: 20 · Views: 503

southpaw82
Posted on: Fri, 15 Jun 2018 - 17:18


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QUOTE (ManxRed @ Fri, 15 Jun 2018 - 10:41) *
Wouldn't 'may' get a ticket (you may get one, you may not) be an ambiguous contract term which should be interpreted in favour of the consumer? So 'you may not' is the 'correct' interpretation?

I realise this is a wild and crazy hypothesis, and am happy for it to be ripped apart.

It’s not a contract term though, is it? It’s simply a mechanism for enforcement of contractual terms, it’s not a term any party is required to follow.
  Forum: The Flame Pit · Post Preview: #1390877 · Replies: 23 · Views: 611

southpaw82
Posted on: Thu, 14 Jun 2018 - 21:15


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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 22:00) *
They can see the emergency call out sign in the window and still ticked us regardless.

Right... so presumably that’s a cost of doing business at that site, right? I agree, it’s pretty stupid for them to ticket someone there to help them and there may be arguments against it if it went to court.
  Forum: The Flame Pit · Post Preview: #1390631 · Replies: 23 · Views: 611

southpaw82
Posted on: Thu, 14 Jun 2018 - 20:54


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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 21:51) *
QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 18:18) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?

I find it very ambiguous,vexatious and open to interpretation.

Does it not simply mean "you might get a ticket, you might not"? What’s wrong with that?
  Forum: The Flame Pit · Post Preview: #1390624 · Replies: 23 · Views: 611

southpaw82
Posted on: Thu, 14 Jun 2018 - 19:28


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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 20:03) *
Is 5 months really the timescale?


No, I just made it up rolleyes.gif

They have 6 months to prosecute you but would need to serve a request for the driver’s details about a month before that, unless they just turned up and asked in person.

QUOTE
I was reading something like 14 daysish?


That would be for a notice of intended prosecution, which is irrelevant for a mobile phone offence.

QUOTE
Guess I probably wont't hear anything - just need to watch over my shoulder for above time period..

And stop using your phone while driving.
  Forum: The Flame Pit · Post Preview: #1390605 · Replies: 7 · Views: 250

southpaw82
Posted on: Thu, 14 Jun 2018 - 18:52


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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 19:45) *
1) Can they still issue me with a fine and points through the post without having stopped me formally, using pictures etc. (if she took any)?


Yes.

QUOTE
2) If anything does come through the post, how long does it have to be served by before I know I'm in the clear?


About 5 months.

QUOTE
3) If and when they do, do they have to provide evidence,


No.

QUOTE
and can I look/appeal that evidence before accepting the fine and points?


No.

QUOTE
4) If and when they do (and I'm a first time offender of any kind in 2.5 yrs of holding a license) - will they offer me an awareness course?

Maybe.

All that being said I doubt you’ll hear anything.
  Forum: The Flame Pit · Post Preview: #1390599 · Replies: 7 · Views: 250

southpaw82
Posted on: Thu, 14 Jun 2018 - 17:18


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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?
  Forum: The Flame Pit · Post Preview: #1390567 · Replies: 23 · Views: 611

southpaw82
Posted on: Wed, 13 Jun 2018 - 21:44


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£0.01.
  Forum: The Flame Pit · Post Preview: #1390315 · Replies: 38 · Views: 848

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