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southpaw82
Posted on: Today, 20:52


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Well, references to case law tend to indicate argument rather than evidence. Evidence tends to be who, what, where, when etc. It’s what you saw or heard. It’s not “this case says x, so I should win”. That’s argument and the place for argument is on your feet in court, not in a witness statement.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1462800 · Replies: 6 · Views: 38

southpaw82
Posted on: Today, 20:41


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Does this relate to another thread you have running?

The statement is quite poor. It contains a lot of argument rather than evidence, which is incorrect. It appears you’ve used a template created by someone who doesn’t know what they’re doing.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1462793 · Replies: 6 · Views: 38

southpaw82
Posted on: Yesterday, 17:39


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QUOTE (Redivi @ Fri, 15 Feb 2019 - 15:24) *
Graduated driving licences with P-plates for new drivers who will be limited to 45 mph (doesn't sound a great safety measure)


Certain places already limit new drivers to 50mph. Not convinced it does much, as they often drive far faster than that.

QUOTE
Provision to enforce offence of driving too closely to cyclists that comes into effect next month


A specific offence? Will it be “x feet” (difficult to prove) or “too close” (already covered by due care/reasonable consideration)?
  Forum: News / Press Articles · Post Preview: #1462542 · Replies: 3 · Views: 99

southpaw82
Posted on: Thu, 14 Feb 2019 - 19:25


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QUOTE (nosferatu1001 @ Thu, 14 Feb 2019 - 14:08) *
Im really hoping your defence was amended, given it gave away th drivers identity in 3), obviating almost all of the defence. In 5 you also accept there was a contract.

Bearing in mind this admission in the defence

QUOTE
The facts are that the Defendant was the registered keeper of the vehicle, registration XXXX.


One assumes the OP wasn’t the driver. If he was, then his defence seems to be mendacious, and the statement of truth questionable.

CPR 16.5 says

QUOTE
(1) In his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
© which allegations he admits.


If a defendant denies being the driver then r 16.5(2) applies

QUOTE
Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.


Of course, he can’t do that if he was in fact the driver. So he’s left with little choice but to admit it, doesn’t it?

If the defendant just ignores the assertion then r 16.5(5) applies

QUOTE
Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.


Bear in mind r 1.3 - “The parties are required to help the court to further the overriding objective.“
  Forum: Private Parking Tickets & Clamping · Post Preview: #1462304 · Replies: 27 · Views: 665

southpaw82
Posted on: Thu, 14 Feb 2019 - 13:59


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QUOTE (Redivi @ Thu, 14 Feb 2019 - 12:26) *
The only other exception I can recall was the Guinness share trading fraud investigation where the ECHR later ruled that this was a breach


Saunders v UK - basic rule is a compelled statement is inadmissible but compelled documentary evidence isn’t.

QUOTE (cp8759 @ Thu, 14 Feb 2019 - 12:57) *
You still need a prepared statement consistent with both the evidence disclosed by the police, and with innocence.

Well, yes, I have done one or two.
  Forum: The Flame Pit · Post Preview: #1462167 · Replies: 18 · Views: 421

southpaw82
Posted on: Thu, 14 Feb 2019 - 00:14


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QUOTE (Glacier2 @ Thu, 14 Feb 2019 - 00:10) *
How effective are the adverse inferences in actual cases?

Not particularly. If you’re smart or well advised you’ll deal with them by prepared statement.
  Forum: The Flame Pit · Post Preview: #1462035 · Replies: 18 · Views: 421

southpaw82
Posted on: Wed, 13 Feb 2019 - 23:39


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Well, silence in response to a s 172 requirement will see one convicted of the s 172 offence, won’t it?
  Forum: The Flame Pit · Post Preview: #1462024 · Replies: 18 · Views: 421

southpaw82
Posted on: Wed, 13 Feb 2019 - 22:35


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QUOTE (henrik777 @ Wed, 13 Feb 2019 - 22:28) *
QUOTE (southpaw82 @ Wed, 13 Feb 2019 - 22:24) *
I don’t understand your question. What do you think the downside, if any, is?



None.

However, apparently there is no consensus so i'm asking why ?

No consensus on staying silent in general or in particular circumstances?
  Forum: The Flame Pit · Post Preview: #1462002 · Replies: 18 · Views: 421

southpaw82
Posted on: Wed, 13 Feb 2019 - 22:24


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I don’t understand your question. What do you think the downside, if any, is?
  Forum: The Flame Pit · Post Preview: #1461996 · Replies: 18 · Views: 421

southpaw82
Posted on: Wed, 13 Feb 2019 - 21:41


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QUOTE (Roverboy @ Wed, 13 Feb 2019 - 21:32) *
My beef with all of this is that courts / judges seem to treat someone trying to dodge a minor offense way more harshly than way more serious crimes such as muggings and burglary.

And I'm sure if some want examples I can find them.

The courts don’t treat PCOJ as a minor offence though.
  Forum: News / Press Articles · Post Preview: #1461985 · Replies: 73 · Views: 8,374

southpaw82
Posted on: Wed, 13 Feb 2019 - 21:39


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QUOTE (notmeatloaf @ Wed, 13 Feb 2019 - 20:45) *
"has reasonable grounds" surely means using their judgement at that moment in time. As such it has to be a subjective judgement, unless you can prove objectively that no reasonable police officer would have made that judgement.

To me that is subjective, but I'm happy to be proved wrong.


Reasonable grounds means objectively reasonable.

QUOTE
As for civil, I meant that the offence is a criminal one under 2002 PRA.

What offence?
  Forum: Speeding and other Criminal Offences · Post Preview: #1461984 · Replies: 55 · Views: 5,064

southpaw82
Posted on: Wed, 13 Feb 2019 - 18:41


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QUOTE (notmeatloaf @ Wed, 13 Feb 2019 - 18:09) *
S59 isn't civil.


Do you have any authority for that assertion?

QUOTE
It just requires a constable to have reasonable grounds to suspect S3 or S34 RTA is breached and that it is cheesing off members of the public.

To "prove" it you would have to prove the constable was subjectively unreasonable, not that they were incorrect had they known all the facts objectively.

Doesn’t “reasonable grounds” imply an objective test?
  Forum: Speeding and other Criminal Offences · Post Preview: #1461921 · Replies: 55 · Views: 5,064

southpaw82
Posted on: Wed, 13 Feb 2019 - 18:39


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QUOTE (Criss25061 @ Wed, 13 Feb 2019 - 17:41) *
The offence was in Telford so in the West Midlands.

West Mercia.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461919 · Replies: 11 · Views: 424

southpaw82
Posted on: Wed, 13 Feb 2019 - 18:38


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QUOTE (cp8759 @ Wed, 13 Feb 2019 - 17:08) *
QUOTE (southpaw82 @ Wed, 13 Feb 2019 - 16:44) *
He has potentially already committed an offence of perverting the course of justice. He really ought to get advice before he does anything else. It is far easier to advise a client as to what they might do than as to what they have already done.

While he might have technically committed an offence, I see it as vanishingly unlikely a PCOJ charged would be pursued on the back of an initial account given verbally, if an accurate s172 form is returned.

Perhaps so but the OP’s son hasn’t been entirely truthful up to this point already. It would be wrong not to advise the OP of the desirability of legal advice.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461917 · Replies: 25 · Views: 823

southpaw82
Posted on: Wed, 13 Feb 2019 - 16:48


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Why would they send a s 172 notice in respect of a non-endorseable parking offence?
  Forum: Speeding and other Criminal Offences · Post Preview: #1461869 · Replies: 11 · Views: 424

southpaw82
Posted on: Wed, 13 Feb 2019 - 16:46


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This is getting pointless now. People have said their piece so leave it at that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461867 · Replies: 35 · Views: 2,620

southpaw82
Posted on: Wed, 13 Feb 2019 - 16:44


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He has potentially already committed an offence of perverting the course of justice. He really ought to get advice before he does anything else. It is far easier to advise a client as to what they might do than as to what they have already done.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461866 · Replies: 25 · Views: 823

southpaw82
Posted on: Wed, 13 Feb 2019 - 12:29


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I would strongly advise that he seeks legal advice before speaking to the police.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461762 · Replies: 25 · Views: 823

southpaw82
Posted on: Tue, 12 Feb 2019 - 21:25


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There is Scottish case law to the effect that there is only one requirement, no matter how many times it’s repeated. If you’re not in Scotland you may have a defence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461599 · Replies: 20 · Views: 873

southpaw82
Posted on: Mon, 11 Feb 2019 - 21:54


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QUOTE (Mr_Bo_Jangles @ Mon, 11 Feb 2019 - 21:41) *
Usual stuff happened, the Single justice procedure notice was issued to me withing their allocated time slots. This was only after being issued to the car rental company as you'd imagine. On the SJPN it states I was doing 69mph.


What was your response to the SJPN?

QUOTE
am I just grasping as straws?

Yes.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461185 · Replies: 23 · Views: 915

southpaw82
Posted on: Sun, 10 Feb 2019 - 17:58


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QUOTE (peterguk @ Sun, 10 Feb 2019 - 17:51) *
So he could pick up 3 and not get revoked?

No because he’d then have nine, which is more than six.
  Forum: Speeding and other Criminal Offences · Post Preview: #1460698 · Replies: 21 · Views: 605

southpaw82
Posted on: Sun, 10 Feb 2019 - 16:12


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QUOTE (Broadsman @ Sun, 10 Feb 2019 - 15:56) *
QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 12:21) *
Is the OP for real? Defaming a solicitor is rarely a good idea.


Yes I'm for real. Are you telling me that it's a good idea for a solicitor to not tell the truth?

I’m not convinced he’s not telling the truth though. However, feel free to write to him and complain. I’m sure he’ll take a view.
  Forum: The Flame Pit · Post Preview: #1460664 · Replies: 15 · Views: 596

southpaw82
Posted on: Sun, 10 Feb 2019 - 12:21


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Is the OP for real? Defaming a solicitor is rarely a good idea.
  Forum: The Flame Pit · Post Preview: #1460616 · Replies: 15 · Views: 596

southpaw82
Posted on: Sun, 10 Feb 2019 - 12:18


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QUOTE (J4G3D @ Sun, 10 Feb 2019 - 12:15) *
Grow up and stop sulking over the fact that I will advise people to pay their fine.

Well, not for the next 7 days you won’t.

QUOTE (nosferatu1001 @ Sat, 9 Feb 2019 - 23:19) *
Basically - tosser who's been shown to be one, and now can't back down
bored now.

Yes, that’s completely in line with the TOS, isn’t it? Just use the report button, eh?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1460614 · Replies: 82 · Views: 4,228

southpaw82
Posted on: Sat, 9 Feb 2019 - 23:14


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That’s impossible to answer - nobody can know when they will read it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1460539 · Replies: 21 · Views: 605

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