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Jlc
Posted on: Today, 13:04


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Easy option, use postal plea and mention the guidance:

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.


Best result would be 3 points, £100.

Alternatively, you could 'fight' that you complied with the CoFP (and prosecution is not possible) but will have to attend court with no guarantee of success.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376188 · Replies: 2 · Views: 0

Jlc
Posted on: Today, 12:25


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QUOTE (merlinthecat @ Sat, 21 Apr 2018 - 12:54) *
...but I genuinely think the reading is in error?

They may take that as a challenge and not offer a course or fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376179 · Replies: 16 · Views: 107

Jlc
Posted on: Today, 11:34


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As PCN on the car it is almost certainly not smart but SIP. (Smart intelligent parking - hmmm)

One strategy would be to appeal as the keeper before they access the DVLA- they have to wait 28 days.

They could mess up ‘keeper liability’ which is useful when the keeper wasn’t driving...

SIP do issue court claims, smart do not...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1376172 · Replies: 2 · Views: 38

Jlc
Posted on: Today, 11:30


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QUOTE (merlinthecat @ Sat, 21 Apr 2018 - 12:24) *
So in essence, there is no mileage in challenging the reading despite this being a very well-known road to me where I always watch my speed. In no way do I believe that I was exceeding 40mph there. It's eight years since I last had a ticket, as I am actually very careful with speed limits especially in cities as this was.

I'm aware of cases in the past where attempts were made to challenge the validity of laser gun evidence, notably the LTI 20-20, but the court decided to prefer the evidence of the man selling them in the UK. I haven't really kept up with developments since then especially since I just stick to the limits these days.

The type approved device will be presumed to be correct unless you can show otherwise. There’s a video too so readings could be corroborated should the need arise (at your expense should you lose).

It’s more likely you were speeding and they’ve caught you in a momentary lapse.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376170 · Replies: 16 · Views: 107

Jlc
Posted on: Today, 11:27


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FWIW prosecution begins at 46mph.

I see nothing obvious to challenge and the slight angle is in your benefit. (The cosine of the angle reduces the measurement from true speed but is a tiny percentage unless the angle is significant)

Do you have a GPS to confirm your speedo? Normally a reading around 47 would be 50 on the speedo.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376167 · Replies: 16 · Views: 107

Jlc
Posted on: Yesterday, 20:00


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QUOTE (southpaw82 @ Fri, 20 Apr 2018 - 20:58) *
QUOTE (Jlc @ Fri, 20 Apr 2018 - 20:55) *
Regardless, there is a system of street lighting so it would be considered a restricted road in the absence of any other signs. So 30mph. 34mph is in excess of this too.

Even if there’s a TRO in place?

Sorry, I meant without a TRO.

QUOTE (The Rookie @ Fri, 20 Apr 2018 - 20:55) *
If it has a repeater then it sounds like it’s a 20limit, the fact the entry sign erroneously says zone I can’t see helping you.

It seems to be a limit according to this article. It also mentions additional signage being added.

I agree that the wording 'zone' isn't going to amount to a defence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376056 · Replies: 6 · Views: 230

Jlc
Posted on: Yesterday, 19:55


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I think you'll struggle on 2 accounts. Signs here.

Assuming the relevant order is place to make the road 20mph then the signage seems sufficient to convey the limit. (Ref TSGRD 2016)

Regardless, there is a system of street lighting so it would be considered a restricted road in the absence of any other signs. So 30mph. 34mph is in excess of this too.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376052 · Replies: 6 · Views: 230

Jlc
Posted on: Yesterday, 14:28


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QUOTE
Should I just pay up?


Probably but we don't have a lot to go on.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375957 · Replies: 3 · Views: 291

Jlc
Posted on: Yesterday, 13:36


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QUOTE (The Rookie @ Fri, 20 Apr 2018 - 13:11) *
QUOTE (Jlc @ Fri, 20 Apr 2018 - 12:41) *
6 points is likely but a short ban (1-2 months) will be considered.

To be honest, at that speed, I think its the other way round and that a short ban is more likely.

Probably - a ton isn't an 'automatic ban', we have seen 6 points at that excess (and more) but perhaps it would be wise to assume a short ban and see points as a good result.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375942 · Replies: 7 · Views: 387

Jlc
Posted on: Yesterday, 11:42


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Hmmm, so they've dropped the charge?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375908 · Replies: 22 · Views: 401

Jlc
Posted on: Yesterday, 11:41


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A trip to court guaranteed.

Likely outcome 1 week's relevant earnings plus 10% on top for surcharge (min £30). Also, costs of £85.

6 points is likely but a short ban (1-2 months) will be considered.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375907 · Replies: 7 · Views: 387

Jlc
Posted on: Yesterday, 10:38


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QUOTE (Hullguy2018 @ Fri, 20 Apr 2018 - 11:05) *
My concern is that they will take me to court.

They can be litigious.

QUOTE (Hullguy2018 @ Fri, 20 Apr 2018 - 11:05) *
I haven't explicitly told them who was driving

Are they claiming (or met) keeper liability?

QUOTE (Hullguy2018 @ Fri, 20 Apr 2018 - 11:05) *
Would your recommendation be to ignore it or to just simply pay up? Or reply to them again?

We don't usually recommended paying up but will be honest on the possibilities.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375864 · Replies: 22 · Views: 401

Jlc
Posted on: Yesterday, 10:35


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Scotland is mentioned? (Please confirm as PoFA doesn't apply there)

It is 'ignorable' but a little different because the mention of multiple tickets.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375863 · Replies: 11 · Views: 234

Jlc
Posted on: Yesterday, 09:52


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QUOTE (Hullguy2018 @ Fri, 20 Apr 2018 - 10:03) *
Are you still suggesting I shouldn't reply or even appeal to POPLA?

POPLA will reject any appeal where the PCN is 'correctly issued'.

If you want to reply to the parking company then it should simply be that the parking tariff was paid and can be evidenced.

It sounds like the driver has been revealed too.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375853 · Replies: 22 · Views: 401

Jlc
Posted on: Thu, 19 Apr 2018 - 20:34


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I'd be working on an exceptional hardship plea. This could reduce the 6 months ban.

The impact on others carries more weight.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375757 · Replies: 19 · Views: 814

Jlc
Posted on: Thu, 19 Apr 2018 - 16:41


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We need to be more specific here - keeper liability under protection of freedoms act is quite specific.

Do the PCN’s mention it?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375692 · Replies: 11 · Views: 234

Jlc
Posted on: Thu, 19 Apr 2018 - 15:45


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I'm surprised DRP have used recorded as they cannot instigate action. But a four figure sum might well attract an actual claim.

Ignoring was probably not the best strategy. (There might have been options to dispose of them earlier)

Do they claim keeper liability?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375672 · Replies: 11 · Views: 234

Jlc
Posted on: Thu, 19 Apr 2018 - 12:56


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Fair point, it's a rhetorical question anyway...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375609 · Replies: 32 · Views: 815

Jlc
Posted on: Thu, 19 Apr 2018 - 12:23


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QUOTE (Redivi @ Thu, 19 Apr 2018 - 13:18) *
I would reply that you misunderstood the instruction

You are appealing in your own name as the keeper

^ This. If they are attempting to hold the keeper liable then there's no reason to deny any appeal.

If they are not, then as the keeper (you) has been construed as not being the driver then there's no reason for an appeal as this confirms you cannot be liable and they can pursue the driver at their leisure. (If they only knew who that was!)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375600 · Replies: 3 · Views: 198

Jlc
Posted on: Thu, 19 Apr 2018 - 10:26


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Well having consistent and accurate records is a tenet of data protection... wink.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375570 · Replies: 32 · Views: 815

Jlc
Posted on: Wed, 18 Apr 2018 - 21:36


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They don't do court. Ignore them now.

Was the driver revealed?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375521 · Replies: 4 · Views: 115

Jlc
Posted on: Wed, 18 Apr 2018 - 19:47


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Let's get the initial appeal out of the way but I suggest you change your post to say 'the driver'...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375495 · Replies: 3 · Views: 128

Jlc
Posted on: Wed, 18 Apr 2018 - 18:57


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Who issued the PCN?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375468 · Replies: 4 · Views: 115

Jlc
Posted on: Wed, 18 Apr 2018 - 18:48


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Who issued the ticket? If it was a decrim ticket then it needs to be in that forum rather than the private parking one you're in right now.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375460 · Replies: 8 · Views: 202

Jlc
Posted on: Wed, 18 Apr 2018 - 18:47


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QUOTE (southpaw82 @ Wed, 18 Apr 2018 - 19:42) *
QUOTE (mj11 @ Wed, 18 Apr 2018 - 19:14) *
Asking as it was misty that morning (visibility still good though) and I thought they weren't allowed out in those conditions?

Why?

The range may be impacted but not the accuracy.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375457 · Replies: 4 · Views: 247

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