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Jlc
Posted on: Yesterday, 21:21


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Yes, but 33% discount for a guilty plea. Costs of £85 and surcharge of 10% of the fine (min £30).

It's likely to be dealt with by postal process - a short ban is also possible but they would normally request your presence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418176 · Replies: 2 · Views: 55

Jlc
Posted on: Yesterday, 20:45


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You can't attend a Single Justice process - it's a postal procedure only. You can opt for a hearing should you wish.

Fortunately, that excess is still 3 points at court but you may be liable for an earnings related fine. For a guilty plea this would be 33% of weekly relevant earnings. Costs of £85 and a surcharge of 10% of the fine (min £30).

The court does have the power to sentence at a fixed penalty equivalent sentence but 'forgetting' to send the licence in may not see sympathy. You can ask them to consider such a sentence and grovel a bit.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418171 · Replies: 1 · Views: 43

Jlc
Posted on: Yesterday, 18:08


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OP = Original Poster (you)
PCJ = Perverting Course of Justice.
FPN = Fixed Penalty Notice (i.e. 3 points £100)

You're in a right pickle. PCJ carries a potential jail sentence but the prosecution would have to demonstrate you deliberately named the wrong driver (if they were to pursue such a charge). You appear to have been mistaken in your nomination.

You might want to consider contacting a motoring solicitor given the potential gravity of your situation.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418135 · Replies: 19 · Views: 395

Jlc
Posted on: Yesterday, 18:04


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Check what you did appeal.

Definitely get onto the store (and head office if need be). Depends on whether it's their contract - see Q4 on post #3...

Smart aren't particularly litigious but have started a few claims.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418134 · Replies: 17 · Views: 144

Jlc
Posted on: Yesterday, 13:58


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QUOTE (FordFocus2001 @ Wed, 19 Sep 2018 - 14:55) *
So I could appeal through POPLA then?

Yes and with the right words is a guaranteed winner...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418085 · Replies: 17 · Views: 144

Jlc
Posted on: Yesterday, 13:46


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QUOTE (FordFocus2001 @ Wed, 19 Sep 2018 - 14:37) *
Yes I did on the rejection letter

If it's still in date and you definitely haven't revealed the driver then it's a win at POPLA on the basis they are not relying on the Protection of Freedoms Act. (They can only pursue the driver but have written to the keeper...)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418079 · Replies: 17 · Views: 144

Jlc
Posted on: Yesterday, 13:34


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Interesting - they don't appear to be in an ATA (IPC/BPA).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418072 · Replies: 8 · Views: 105

Jlc
Posted on: Yesterday, 13:33


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Did you get a POPLA code?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418071 · Replies: 17 · Views: 144

Jlc
Posted on: Yesterday, 13:21


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I presume ticket issued under contract?

However, the 10 minute grace period you refer to is after an allowed period of parking.

Prior to contract acceptance:

QUOTE
If a driver is parking without your permission, or at
locations where parking is not normally permitted they
must have the chance to read the terms and conditions
before they enter into the ‘parking contract’ with you. If,
having had that opportunity, they decide not to park but
choose to leave the car park, you must provide them with
a reasonable grace period to leave, as they will not be
bound by your parking contract.


If the vehicle is left then it's 'fair game'. (Doesn't have to be 10 minutes)

However, if you have a PCN on the car you may be able to frustrate the keeper liability process. (Appealing as the keeper around day 22/23 - often works well for a POPLA appeal if they don't access the DVLA)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418064 · Replies: 8 · Views: 105

Jlc
Posted on: Yesterday, 13:19


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QUOTE (HSS @ Wed, 19 Sep 2018 - 14:03) *
However....when I reviewed the photographic evidence, the devious So and So's have gone and taken photographs of signage at a different car park and attempted to pass them off as the car park I was parked in. Surely this I heading towards fraudulent misrepresentation?

Just wondering where to go from here.

The POPLA decision is not binding on you.

I would put them under warning of this behaviour that if they raised a court claim you would seek costs for unreasonable behaviour.

They are not particularly litigious and if they have 'forged' evidence then they'll only get themselves in deep doo doo.

Ensure you have the correct pictures yourself.

EDIT: This is still at POPLA? You can rebut their submission...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418061 · Replies: 5 · Views: 152

Jlc
Posted on: Yesterday, 13:12


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So you've admitted being the driver but the matter has progressed to court.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418058 · Replies: 19 · Views: 395

Jlc
Posted on: Yesterday, 12:41


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QUOTE (oddhermione @ Wed, 19 Sep 2018 - 13:34) *
How do we appeal? It is over the 28 day period.

They won't accept an appeal now.

What's interesting though is that the incident was 17/7 and the sending of the notice was 30/7? If that was the 1st notice then it was 'out of time' for keeper liability - contrary to what it claims. (And may have been a winner at POPLA)

NCP don't issue many court claims but they do have 6 years to commence one.

The usual advice would be to submit a challenge that looks far more reasonable than being ignored if it ever did go to court. Basically, putting across the points around the lack of keeper liability and that the driver (appeal as the keeper) regularly paid for parking and their meter failed to operate correctly - their charge is not justified and would need to demonstrate a genuine loss not saved by ParkingEye v Beavis.

They will either ignore it or simply write back and state it's too late to appeal. Then ignore unless they issue a letter before claim or an actual claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418050 · Replies: 5 · Views: 55

Jlc
Posted on: Yesterday, 12:30


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What offences are being pursued?

(Remember a s172 offence occurs relative to the date of it's service and not the underlying offence)
  Forum: Speeding and other Criminal Offences · Post Preview: #1418045 · Replies: 19 · Views: 395

Jlc
Posted on: Yesterday, 10:44


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Who issued the charge? A rejection was inevitable.

(It appears you've prejudiced some options too - e.g. the driver has been admitted?)

QUOTE (FordFocus2001 @ Wed, 19 Sep 2018 - 11:38) *
How should I proceed?

The parking company won't have (or care) about CCTV footage. The first port of call will be the store.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1417996 · Replies: 17 · Views: 144

Jlc
Posted on: Yesterday, 10:18


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The circumstances on how the points were accumulated are not relevant to the plea. But of course, the bench are only human so may be influenced but should only be briefly mentioned if so.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417980 · Replies: 59 · Views: 2,339

Jlc
Posted on: Yesterday, 08:48


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A MS90 (s172 failing to furnish conviction) will be 6 points - unless you can avoid that then an EH plea will be necessary.

It's hard to rate your chances - but I suggest you compose something here for critique.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417942 · Replies: 59 · Views: 2,339

Jlc
Posted on: Yesterday, 07:30


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Showing the impact on 'others' could include that of a company.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417918 · Replies: 59 · Views: 2,339

Jlc
Posted on: Tue, 18 Sep 2018 - 18:55


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Fixed penalty upto 65mph. Course up to 53mph. (Inclusive)
  Forum: Speeding and other Criminal Offences · Post Preview: #1417800 · Replies: 19 · Views: 514

Jlc
Posted on: Tue, 18 Sep 2018 - 18:48


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Would a Newton Plea apply to an 'exact' speed measurement?
  Forum: Speeding and other Criminal Offences · Post Preview: #1417796 · Replies: 19 · Views: 514

Jlc
Posted on: Tue, 18 Sep 2018 - 16:54


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Ok, depends on actual weekly income then. (If a fixed Penalty equivalent not allowed)
  Forum: Speeding and other Criminal Offences · Post Preview: #1417749 · Replies: 14 · Views: 377

Jlc
Posted on: Tue, 18 Sep 2018 - 16:22


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A sympathetic bench could consider a fixed penalty equivalent sentence as mentioned above.

Court costs are £85 for a guilty plea. There's a surcharge of 10% of the fine, minimum £30. The best you could get is a £70 fine, £30 surcharge and no costs order. (It's always 3 points)

With 'no income' they use a default minimum weekly figure of £120 for which you'd also get a 33% discount for a guilty plea. (They've used a figure of £440 right now)

I don't see any risk unless you are looking to plead not guilty...


From the Sentencing Guidelines:
QUOTE
where a penalty notice could not be offered or taken up for reasons unconnected with the offence
itself, such as administrative difficulties outside the control of the offender, the starting point
should be a fine equivalent to the amount of the penalty and no order of costs should be
imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in
these circumstances.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417735 · Replies: 14 · Views: 377

Jlc
Posted on: Tue, 18 Sep 2018 - 15:59


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Now the matter is in the court system you have to 'contest' it there.

So that's either pleading not guilty or going guilty and use some mitigation. As already noted, there's a slim chance of getting a fixed penalty equivalent sentence (and no costs order) but worth trying.

The issue as a strict liability offence you don't appear to have a defence and any mitigation won't be strong enough to avoid the mandatory endorsement.

The court would consider instalments upon conviction - and your actual earnings will be used. (The current figure is using default figures)
  Forum: Speeding and other Criminal Offences · Post Preview: #1417722 · Replies: 14 · Views: 377

Jlc
Posted on: Tue, 18 Sep 2018 - 15:50


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QUOTE (Logician @ Tue, 18 Sep 2018 - 16:30) *
Your wife was stopped at the time so knows where the offence took place and is not disadvantaged by any subsequent error in the location.

True, it's worth trying the 'embarrassment' option with the Force if the location is that far out. Nothing ventured. (We have seen cancellations in similar circumstances)

Given the timings a phone call would be best. (Or at least book the course for now)
  Forum: Speeding and other Criminal Offences · Post Preview: #1417717 · Replies: 2 · Views: 194

Jlc
Posted on: Tue, 18 Sep 2018 - 10:48


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We had a similar case on here a while back. Where a central post room stamped and distributed company mail.

I can't remember how it panned out but the Force should be able to 'prove' when the NIP entered the mail system and the defendant would have to rebut the presumption of delivery - assuming it was posted in good time. Whether the post room process procedure is sufficient to prove a 'late' delivery is key.
  Forum: The Flame Pit · Post Preview: #1417582 · Replies: 39 · Views: 1,693

Jlc
Posted on: Tue, 18 Sep 2018 - 09:09


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QUOTE (jaydee17 @ Tue, 18 Sep 2018 - 09:53) *
In order for us to process your appeal we require your full name, full address and confirmation that you were the driver on the day in question.
Upon receipt of this we will of course review this case further.

IMHO - It's a trap! It's generally not recommended to name the driver.

Do they quote Protection of Freedoms Act (keeper liability) on their letter?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1417535 · Replies: 19 · Views: 282

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