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andy_foster
Posted on: Wed, 16 Jan 2019 - 21:22


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You did not receive an FPN for the alleged mobile phone offence (other than that they are effectively not issued for endorseable offences any longer, you having possession of your driving licence precludes the possibility that you surrendered it for endorsement - which is a pre-requisite for being issued an endorseable FPN).

Presumably you have been issued a COFP (Conditional Offer of Fixed Penalty) - which has a suspended endorsement period of 28 days from date of issue, as opposed to 21 days for an FPN?

As you seem to have gathered, you will not be able to accept a 6 point COFP if you have 6 or more current points on your licence (in respect of offences committed less than 3 years before the current offence).

As you will be making a statutory declaration within 21 days of becoming aware of the proceedings, the court will be obliged to quash the conviction. It might be prudent to politely impress upon them the need to notify the DVLA in a timely manner.

BTW, there is no (specific) offence of holding a mobile phone while driving, but there is a specific offence of using a hand-held mobile phone while driving. From what you have told us, it is not immediately obvious that you have committed the offence that you so desperately want to accept a fixed penalty for.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452287 · Replies: 3 · Views: 409

andy_foster
Posted on: Mon, 14 Jan 2019 - 21:01


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Most people wouldn't consider £35 to be a "very small part" of a ~£100 course fee.
  Forum: News / Press Articles · Post Preview: #1451416 · Replies: 11 · Views: 394

andy_foster
Posted on: Mon, 14 Jan 2019 - 20:44


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It makes no difference how many points he has now - it is how many points the court must take into consideration when he is convicted - which unless there is some obscure loophole preventing them from taking the subsequent offence into consideration, would be 12 or more.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451402 · Replies: 16 · Views: 642

andy_foster
Posted on: Mon, 14 Jan 2019 - 20:08


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The Privy Council (in Brown v Stott, echoing what the High Court of Justiciary said in Foster v Farrell) said that an oral admission to an s. 172 requirement was admissible in Scotland - shall I let them know that they are wrong?
  Forum: Speeding and other Criminal Offences · Post Preview: #1451373 · Replies: 17 · Views: 913

andy_foster
Posted on: Mon, 14 Jan 2019 - 19:43


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QUOTE (The Rookie @ Mon, 14 Jan 2019 - 01:51) *
The law requires it is served on the registered keeper (or driver who they don’t know) at their last known address, so even if they THOUGHT you had moved would still have to serve it on the adddress last provided for the RK.


If they thought that he had moved would his previous address still be his last known address (as a point of law)?
  Forum: Speeding and other Criminal Offences · Post Preview: #1451364 · Replies: 34 · Views: 1,972

andy_foster
Posted on: Sun, 13 Jan 2019 - 23:28


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Won't help with the current case, but you might want to consider getting a dash cam.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451034 · Replies: 8 · Views: 467

andy_foster
Posted on: Sun, 13 Jan 2019 - 19:18


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QUOTE (cp8759 @ Sun, 13 Jan 2019 - 13:48) *
You would argue that if the chain was removed immediately upon request and at no charge, the person who immobilised the vehicle didn't do so "intending to prevent or inhibit the removal of the vehicle", as any "inhibition" of the removal would be de minimis and this isn't the mischief the legislation is aimed at.


Going for the defence of insanity I assume?
  Forum: The Flame Pit · Post Preview: #1450944 · Replies: 13 · Views: 811

andy_foster
Posted on: Sun, 13 Jan 2019 - 19:06


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In other words, when you took out your insurance you had no convictions and were not aware of any pending convictions.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450941 · Replies: 48 · Views: 2,058

andy_foster
Posted on: Sun, 13 Jan 2019 - 18:36


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QUOTE (The Rookie @ Sat, 12 Jan 2019 - 14:21) *
Peter is confused on the need to avoid the Police, any verbal response wouldn’t corroborated it wouldn’t be admissible as evidence anyway.


This is news to me (the second part at least). Would you care to elaborate?
  Forum: Speeding and other Criminal Offences · Post Preview: #1450937 · Replies: 17 · Views: 913

andy_foster
Posted on: Sat, 12 Jan 2019 - 20:49


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QUOTE (inele @ Sat, 12 Jan 2019 - 18:21) *
1.No I am not the registered Keeper but the Registered Keeper received it later than 14 days and the notice date is as i sated in my original topic (19, 22,28)


That is not what you said in your original post.

If you want meaningful advice, I suggest that you tell us the whole story, including indicating anything that is an assumption rather than something you know as fact.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450681 · Replies: 13 · Views: 548

andy_foster
Posted on: Sat, 12 Jan 2019 - 20:35


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QUOTE (polo6n2 @ Sat, 12 Jan 2019 - 18:22) *
i thought it was a dual carriageway and was national speed limit. I didn’t know the area that I was in.


Presumably your intention is to show that you were not acting with complete disregard for the law by deliberately doing almost double the speed limit, but were simply unaware of the speed limit. I doubt that that would make much of a difference to the fine, and almost certainly not change the points. However, a guilty plea should result in a discount of 1/3 off the fine and if your income is less than the deemed average (IIRC £440 p/w after tax and NI), the fine itself would be lower.

For future reference, other than on a motorway, if there is a compliant system of street lighting (at least 3 lamps, not mroe than 200 yards apart) then the speed limit is 30 mph unless there are signs to the contrary (technically it's unless the limit has been changed by a TRO, but you can't see the TRO at the side of the road).

  Forum: Speeding and other Criminal Offences · Post Preview: #1450673 · Replies: 12 · Views: 700

andy_foster
Posted on: Sat, 12 Jan 2019 - 16:53


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Sounds like you were convicted in your absence - either of speeding, or failing to provide the driver's details if the response got lost.
You have 21 days from becoming aware of the proceedings to make a statutory declaration under s. 14 Magistrates' Courts Act 1980 (if made after the 21 days, the court has the discretion to quash the conviction, but if made within 21 days, they must do so). Chances are that you won't be able to get an appointment with your local court to do so within the 21 days, but as long as you contact them in a timely manner, that is unlikely to matter.

N.B. Please don't spoil the guessing game by giving us relevant information, such as whether your licence was revoked under the Road Traffic (New Drivers) Act 1995 (getting to 6 or more active points as a result of an offence committed within 2 years after first becoming a qualified driver), or for some other reason, as we are very bored and have little better to do than play such games.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450592 · Replies: 12 · Views: 700

andy_foster
Posted on: Sat, 12 Jan 2019 - 16:44


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QUOTE (Kikpop99 @ Sat, 12 Jan 2019 - 16:33) *
That's fine, but what about challenging the NIP as I received it over 3 months after the alleged offence?


What about it?
A NIP has to be served on the driver or the RK within 14 days. There are no statutory time limits on subsequent NIPs/s. 172 requirements.
  Forum: Speeding and other Criminal Offences · Post Preview: #1450588 · Replies: 9 · Views: 357

andy_foster
Posted on: Tue, 8 Jan 2019 - 20:27


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QUOTE (heythere @ Tue, 8 Jan 2019 - 13:14) *
This is for a family member...
<...>
I usually deal with council tickets (parking, etc) for family members but driving while using a phione is a first for me...


As you have no experience of dealing with criminal motoring issues, would it not make sense to get the allegedly errant family member to seek advice themselves, rather than assist by adding an unnecessary layer of obfuscation?
  Forum: Speeding and other Criminal Offences · Post Preview: #1449033 · Replies: 9 · Views: 933

andy_foster
Posted on: Mon, 7 Jan 2019 - 18:23


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On the face of it, nothing, but if the free parking space was to enable footfall, an estimate of the loss of profit due to loss of footfall - if there was likely to be a loss of footfall.

N.B. pre-estimate of loss would apply to liquidated damages under contract law. For trespass, the sum would presumably be whatever the court would determine.
  Forum: The Flame Pit · Post Preview: #1448583 · Replies: 22 · Views: 675

andy_foster
Posted on: Mon, 7 Jan 2019 - 18:12


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When a timeout appears "too easy", start asking questions.
  Forum: Speeding and other Criminal Offences · Post Preview: #1448577 · Replies: 6 · Views: 348

andy_foster
Posted on: Mon, 7 Jan 2019 - 18:02


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Keeper liability only confers upon the keeper debts which are owed by the driver. The guidance notes and the BPA CoP both stated that such charges were limited to a genuine pre-estimate of loss.
  Forum: The Flame Pit · Post Preview: #1448572 · Replies: 22 · Views: 675

andy_foster
Posted on: Mon, 7 Jan 2019 - 17:33


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The point is that somewhat limited remedy under trespass has been considered adequate for centuries. If it is now inadequate, the solution in a democratic society is for Parliament to introduce adequate measures, with appropriate checks and balances.
  Forum: The Flame Pit · Post Preview: #1448558 · Replies: 22 · Views: 675

andy_foster
Posted on: Mon, 7 Jan 2019 - 17:21


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What is the alleged offence (BTW "A WEEKEND" is not an offence).
  Forum: Speeding and other Criminal Offences · Post Preview: #1448552 · Replies: 6 · Views: 348

andy_foster
Posted on: Mon, 7 Jan 2019 - 17:17


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QUOTE (Redivi @ Mon, 7 Jan 2019 - 16:56) *
5. If they set a new court date in Wales, will I need a solicitor to go with me or is it possible to fight this on my own?
Would the letter from Royal Mail admitting no letters were being sent to my actual flat be enough to squash the MS90?


Can't see that the Royal Mail letter will help if the address on the registration document was wrong and letters were delivered correctly


If no letters were being delivered to the OP's flat, regardless of whether or not they were correctly addressed, then it owuld make no difference if they were correctly addressed or not.

The issue is whether or not (the court will find that) it would have been reasonably practicable for the OP to have ensured that he received the notice and therefore be in a position to provide the information.
On the face of it, all correctly addressed mail not being delivered to his flat during the relevant period would seem to mean that it would not have been reasonably practicable - unless they found that he ought to have realised that he was not receiving any post and chased up the post office - which would seem to depend on facts which we are not currently privy to.

QUOTE (Stripes @ Mon, 7 Jan 2019 - 17:15) *
So just to be clear, on the day of the stat dec would it be possible for me to speak to the prosecutor and propose they drop the MS90 in favour of me pleading guilty for speeding? Or is that a matter for once the case is set to reopen on another date?


Sometimes. Sometimes not.
  Forum: Speeding and other Criminal Offences · Post Preview: #1448550 · Replies: 48 · Views: 2,058

andy_foster
Posted on: Mon, 7 Jan 2019 - 15:20


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QUOTE (nigelbb @ Mon, 7 Jan 2019 - 15:00) *
Incidentally re-reading Section 54 of POFA 2012 I see that it's not restricted to motor vehicles & that if someone parks their caravan on your driveway that towing it off is an offence.


Only if the intention is to immobilise. Towing itself is not an offence under s. 54
  Forum: The Flame Pit · Post Preview: #1448502 · Replies: 41 · Views: 1,994

andy_foster
Posted on: Mon, 7 Jan 2019 - 15:03


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I'm not convinced that there would be any public interest in prosecuting somebody for claiming to be the driver after the fight was beaten out of him, 20+ years ago (assuming that any part of his account is accurate :meow:). However, starting a thread in a live cases forum to contemplate out loud that he should have done something different 20+ years ago would result in them locking him up and throwing away the key if there were any justice.
  Forum: The Flame Pit · Post Preview: #1448493 · Replies: 14 · Views: 804

andy_foster
Posted on: Mon, 7 Jan 2019 - 14:47


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QUOTE (cp8759 @ Mon, 7 Jan 2019 - 13:03) *
On the flip side you could say that absent such bending on contract law, there would be no free parking as commuters would park in such places all day knowing that nothing can be done about it, which would result in such free spaces ceasing to be free.


They would be trespassing and could be sued by the legal occupier.
  Forum: The Flame Pit · Post Preview: #1448486 · Replies: 22 · Views: 675

andy_foster
Posted on: Mon, 7 Jan 2019 - 14:45


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QUOTE (cp8759 @ Mon, 7 Jan 2019 - 13:07) *
Still, there is no private driveway defence to section 54 and if the ar53hole concerned initiates criminal proceedings against you, you'd be relying on the discretion of the CPS to take over and discontinue the prosecution on public interest grounds. While clearly they should discontinue in this scenario, it's best practice not to rely on the CPS for anything.


As no offence would have been committed, I do not find the apparent lack of an applicable defence to be overly troubling.
  Forum: The Flame Pit · Post Preview: #1448483 · Replies: 41 · Views: 1,994

andy_foster
Posted on: Mon, 7 Jan 2019 - 11:48


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QUOTE (A406 @ Sat, 5 Jan 2019 - 22:37) *
Yes my address is correct on the V5,


Do you have a V5 or a V5C? Have you physically checked it, or are you merely assuming that it is correct?

NIPs issued late are very rare - according to some who work for the dark side, impossible to issue late without some kind of manual override.
Drivers who swear blind that they are the RK but do not have the V5C because they are not the RK, or the address is a previous one, etc. are far more common.
  Forum: Speeding and other Criminal Offences · Post Preview: #1448384 · Replies: 34 · Views: 1,972

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