LC20 please help me i need your advice |
LC20 please help me i need your advice |
Tue, 18 Sep 2018 - 12:05
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#1
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
Greetings guys, i have never been tought that i can get into situation like that.. but lets start from beggining, in 21 January 2018 i have been stopped by police when i was going back on sunday from work, I had my CBF125 that time and that day my L sticker was ripped off , when police stopped me they said that its due to high thievery in area and they need to check if the bike is stolen. Everything went fine but they sadi they have to fine me for not having L sticker on the front , i tried to tell them that it happened today and they told me that i will have to appeal upon that and i've received 100 pounds with 3 points, it felt terrible. After that i was trying to appeal and waiting for the letter to come, i've received one 5 th march 2018 but there is no clear instructions where i should appeal it just says ' If you wish to decline or are unable to accept this offer, you can either write to us notyfying us of your intention or alternatively do nothing. I couldn't find the address, when i have called Metorpolitan Police line they advised me email adress to write to which I did, but havent receifved reply. Time went on and I have moved out the flat i was renting at 1st of July, and yesterday i went to agency to pick up the letters and foudn out that i've received 2 letters dating 27 of July and 28 of August, and i discovered this yesterday that the Fine went up to 350, i don't know what to do now is there any way I can appeal upon that now? by going to court? can it go wrong? Im afraid that because of these 3 points the insurance can go up and of course 350 pounds is really a lot for me as i am a student and working full time. Can u guys please advise me what to do i am really highly concerned about that, i am about to seek legal advice if i can do anything about that
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Tue, 18 Sep 2018 - 12:05
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Wed, 26 Sep 2018 - 16:34
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#21
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The court will only care if the offence was committed or not, whether you tried to contest it earlier or not is of no relevance.
Not only is a ‘fallen off L-plate’ not a defence if you didn’t know about it, but it’s even less so if you do. Probably worth mentioning in mitigation but it will almost certainly make a minimal difference. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Wed, 26 Sep 2018 - 17:34
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#22
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
I was trying to contest the ticket On what basis? You don't dispute you were caught riding your bike without displaying an L plate when you were required to do so. AFAIK, it's a strict liability offence, which means it has to be present all the time. Saying it was there when you last looked is no defence. -------------------- |
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Thu, 27 Sep 2018 - 16:52
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#23
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
On what basis were you trying to contest it? I will bring my new contract, print out the mail ive sent in april and try to presnet the situation that i was stopped when i was coming back from work and that day someone ripped off my L plate from front and that was the only reason that ive receieved penalty, i feel its unfair as i had L plate on the back, i tried to convince policeman but they was really rude and trigger happy to fine people, i am not a criminal and ive never had any situation like that before, i really wanted to contest that as i feel that was not fair to fine me, i should be warned, my luck... |
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Thu, 27 Sep 2018 - 16:56
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#24
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Feeling it’s not fair is not a defence.
Plates are required front and rear. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Thu, 27 Sep 2018 - 16:59
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#25
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
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Thu, 27 Sep 2018 - 17:51
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#26
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
You get an L plate first as the law requires, that’s the point.
You need to understand that while I’m sure you feel hard done by with some justification, it isn’t a defence so trying to pretend it is is only going to make it worse for you. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Thu, 27 Sep 2018 - 18:17
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#27
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
What you’re saying is mitigation, not a defence.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 28 Sep 2018 - 13:00
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#28
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
So in your opinion guys theres no point to go there to do SD? can they fine me more after that? or can i ask to pay the first price offered if possible. I dont want to go there to just get charged more
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Fri, 28 Sep 2018 - 15:40
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#29
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
There is a point in the SD of getting the discount for the early guilty plea and also for getting the right income used.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 29 Sep 2018 - 01:31
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#30
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
There is a point in the SD of getting the discount for the early guilty plea and also for getting the right income used. Thanks for your reply, can anyone else confirm that this could be accurate ? i really appreciate your experience guys a lot as this gonna be my first SD in my life For now i have to pay 350, after the SD it can get raised or stay the same? because if theres risk i will call them and pay it off in 3 installments and cancel SD as i still have few days This post has been edited by Had28: Sat, 29 Sep 2018 - 01:32 |
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Sun, 30 Sep 2018 - 12:42
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#31
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
can anyone help me please?
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Sun, 30 Sep 2018 - 16:03
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#32
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The fine is income based, without a reply it will have been based on £440/week after Tax and NI, if yours is less than that you’ll be better off.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 30 Sep 2018 - 18:17
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#33
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
There is a point in the SD of getting the discount for the early guilty plea and also for getting the right income used. Thanks for your reply, can anyone else confirm that this could be accurate ? I'll confirm if you don't believe... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 3 Oct 2018 - 14:42
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#34
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Member Group: Members Posts: 31 Joined: 18 Sep 2018 Member No.: 99,940 |
Hello just quick update what happened after SD i did yesterday, i was waiting a little bit for hearing and on the hearing ive felt that they didnt really care about my dispute at all, so in the end they lowered it to 180 but points stay unfortunatley Anyway if someone is hesistating to do SD, if you have valid reason try it, ive saved a little bit of money! 180 instead of 350 so thats almost 200 quid...
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Wed, 3 Oct 2018 - 14:49
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#35
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Member Group: Members Posts: 398 Joined: 15 Apr 2013 Member No.: 61,183 |
Hello just quick update what happened after SD i did yesterday, i was waiting a little bit for hearing and on the hearing ive felt that they didnt really care about my dispute at all, so in the end they lowered it to 180 but points stay unfortunatley Anyway if someone is hesistating to do SD, if you have valid reason try it, ive saved a little bit of money! 180 instead of 350 so thats almost 200 quid... Yes, although it would only have cost you £100 and 3 points if you'd handled it originally. Do you think there's advice you could give anyone else in that position? |
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Wed, 3 Oct 2018 - 19:42
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#36
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
May cover your insurance increase for a year anyway...... but it’s still a saving.
As was pointed out above, your dispute wasn’t relevant so it’s nit surprising you felt they weren’t listening. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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