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Jlc
Posted on: Yesterday, 18:25


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Indeed, it's the registered keeper that matters. It's almost certain the 1st NIP was delivered in time - without seeing the v5 I wouldn't be challenging...
  Forum: Speeding and other Criminal Offences · Post Preview: #1383860 · Replies: 11 · Views: 202

Jlc
Posted on: Yesterday, 18:12


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That excess just qualifies for a fixed penalty.

Unless you have a lead piping defence of a 'late' NIP then accept it. It will get very expensive at court...

As noted, only the 1st NIP has the 14 day requirement and I would want to see the v5 personally before making any decision. (Particularly if the car was sold/purchased or an address is recently involved)
  Forum: Speeding and other Criminal Offences · Post Preview: #1383851 · Replies: 11 · Views: 202

Jlc
Posted on: Yesterday, 09:32


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QUOTE (Jack095 @ Mon, 21 May 2018 - 09:48) *
I have requested the evidence.

At this stage they don't have to provide anything. Only the driver nomination is sought.

However, they might supply as photo even if you've asked for 'evidence'. We tend to suggest asking for a photo under the pretense to assist in identifying the driver.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383654 · Replies: 8 · Views: 399

Jlc
Posted on: Yesterday, 09:30


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They can hide.

That excess is just within the fixed penalty range.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383652 · Replies: 8 · Views: 399

Jlc
Posted on: Sun, 20 May 2018 - 21:20


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Point 2 should be the first point.

They are trying to say the driver read the signs and accepted the contract. One presumes the signs say the DVLA will be accessed for a breach of terms to issue a parking charge.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383587 · Replies: 6 · Views: 91

Jlc
Posted on: Sat, 19 May 2018 - 18:28


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They’ve never issued a claim to date but have 6 years to do so...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383445 · Replies: 9 · Views: 206

Jlc
Posted on: Sat, 19 May 2018 - 17:09


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Which PPC?

The watchdog video is no longer good advice...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383434 · Replies: 9 · Views: 206

Jlc
Posted on: Sat, 19 May 2018 - 08:31


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QUOTE (Macapaca @ Sat, 19 May 2018 - 09:02) *
It may be that they have tried to chase the driver and failed because he is no longer in country.

They do say this on their letters - it's largely untested in court though. IMHO once the driver is named with a serviceable address then the keeper liability ends. (As long as prior to proceedings)

In some ways I think a single point defence is workable. Challenging the amount is likely to be pointless but there may be a question over their authority but no guarantees.

So, as above, they have the wrong defendant. Even if the named driver did not respond then that's where the claim should be sent, even if it was a previous address and a default judgment was gained. (But of course, with a valid RK address it's far more likely to bring fruits)

(Default) Judgments are easy - actually collecting on them is often the hard part!

Personally, given the current stakes I'd take it all the way to a hearing if they won't relent.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383374 · Replies: 26 · Views: 594

Jlc
Posted on: Fri, 18 May 2018 - 15:29


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QUOTE (The Rookie @ Fri, 18 May 2018 - 16:23) *
There is the difference between what is legally enforceable via the order wand what they do by policy.

Yeah, it's often magic. wink.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1383273 · Replies: 12 · Views: 656

Jlc
Posted on: Fri, 18 May 2018 - 15:23


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QUOTE (southpaw82 @ Fri, 18 May 2018 - 16:08) *
All of the relevant orders I’ve seen for the M1 say the limit becomes active 10 seconds after the sign is displayed.

Yes, that is the minimum stated on the order but actual enforcement is longer (but indeed not 2 minutes).

QUOTE (9ca0 @ Fri, 18 May 2018 - 16:14) *
The letter I have says they activate after 1 minute. This is absolutely not correct in this case though. I would have said it was about 3-5 seconds. I am feeling very cheated!
Never the less. Thank you so much for your advice. the costs of court are definitely too high to risk it!

Without a dashcam your task is uphill.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383266 · Replies: 12 · Views: 656

Jlc
Posted on: Fri, 18 May 2018 - 14:57


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Highview? They struggle with keeper liability at the best of times and don't do court... Definitely winnable at POPLA should they want to be stupid.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383254 · Replies: 3 · Views: 134

Jlc
Posted on: Fri, 18 May 2018 - 14:56


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Ok, ticking the 'road legal' box unfortunately doesn't make it so or provide a defence indeed. The retailer may have disappeared for a reason...
  Forum: Speeding and other Criminal Offences · Post Preview: #1383252 · Replies: 25 · Views: 1,272

Jlc
Posted on: Fri, 18 May 2018 - 14:54


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Worth noting that the officer may be 'mistaken' in their belief it does not comply - after all it's an allegation at the moment. But without specifics it's hard to tell.

Explain the border some more?
  Forum: Speeding and other Criminal Offences · Post Preview: #1383250 · Replies: 25 · Views: 1,272

Jlc
Posted on: Fri, 18 May 2018 - 14:52


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The fine isn't the issue. Prosecution costs are - even more so if any expert witnesses are called.

A contested trial is listed at £620.

It's still only 3 points. The fine is income related, around 50% weekly earnings - and a surcharge of 10% of the fine (min £30).

What's your defence? The picture may not be the evidential one. They don't have to provide any 'evidence' at this stage.

You have confirmed the driver?

There is a period of suspended enforcement for a failing limit. (But not as long as 2m31s)
  Forum: Speeding and other Criminal Offences · Post Preview: #1383248 · Replies: 12 · Views: 656

Jlc
Posted on: Fri, 18 May 2018 - 13:15


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As an aside, check if the maker is in the 'authorised' list - here.

QUOTE (Alex190048 @ Fri, 18 May 2018 - 13:59) *
As I see it is a non endorsable fine, how much would I be looking at paying?

£100 I believe.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383211 · Replies: 25 · Views: 1,272

Jlc
Posted on: Fri, 18 May 2018 - 10:26


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If they are claiming keeper liability and have not accessed the DVLA the required number of times (hint: and paid DVLA 30x£2.50) then the DVLA will be most interested...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383150 · Replies: 39 · Views: 770

Jlc
Posted on: Fri, 18 May 2018 - 09:32


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QUOTE (stingray06 @ Fri, 18 May 2018 - 10:24) *
Got the notice on 11/03 on the windshield, but I'm aware that these "penalties" and "notices" etc. are just scare tactics to get you to pay.

Well that's not exactly true. Such parking tickets ARE potentially enforceable at court. However, this particular company isn't currently litigious.

QUOTE (stingray06 @ Fri, 18 May 2018 - 10:24) *
Can i argue that i tired to make contact with this company, using the address on their website etc?

One presumes they are attempting to engage 'keeper liability' under Protection of Freedoms Act? But the Act says that they cannot pursue the keeper if the name and serviceable address of the driver is known prior to court proceedings. Actually, they should delight in getting the driver details!!! (As this is the person forming the alleged contract)

Is this residential parking?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383120 · Replies: 6 · Views: 157

Jlc
Posted on: Fri, 18 May 2018 - 09:07


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Ok, that is helpful. The days of 'automatic' ban at a ton has gone - points are very possible. (But you don't get the choose unfortunately but can sway the bench)
  Forum: Speeding and other Criminal Offences · Post Preview: #1383105 · Replies: 8 · Views: 385

Jlc
Posted on: Fri, 18 May 2018 - 08:41


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QUOTE (peterguk @ Fri, 18 May 2018 - 09:32) *
QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I know Devon police offer a speed awareness course for bikers based on antisocial behaviour, would it be worth me suggesting to the magistrate that I would like to attend off my own back?


A court can not impose a SAC, and in any case your way above the limit for a SAC.

I think the OP was implying some form of mitigation to lessen the impact.

QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I am guessing a short ban is better than points? A pain for me to get to work for a few weeks or I just take a few weeks holiday and do the many DIY jobs I have on my list.

Depends on your point of view. A ban would probably load your insurance premium more than points.

QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
I am guessing by showing my emotions and how remorseful I am and the fact I have a clean licence helps?

They'll follow the sentencing guidelines closely. Aggravating factors could make it worse though, e.g. bad weather.

QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:25) *
Also the fine, do they expect you to pay straightaway can I ask for time to pay ie 50% on the day and 50% 28 days later.

You will be given time to pay. You may be able to agree some repayment schedule with them.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383091 · Replies: 8 · Views: 385

Jlc
Posted on: Fri, 18 May 2018 - 08:10


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QUOTE (Bikerlad1978 @ Fri, 18 May 2018 - 09:05) *
My question is what am I likely to get?
No doubt I will be dragged before the magistrates!

Possibly. That excess is in the new Band C range, so for a guilty plea it's a fine around 1 week's earnings, costs of £85 and a surcharge of 10% of the fine (min £30).

Also, a short ban (probably 2-4 weeks) is quite possible or 6 points instead.

Up to now, most postal pleas will be referred to Mags and you would normally have to attend. There is a new procedure where you can be banned without attending but follow the procedure and the paper work should make it clear(ish).

It might be quite a while before you get the court paperwork - they have 6 months to prosecute.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383082 · Replies: 8 · Views: 385

Jlc
Posted on: Fri, 18 May 2018 - 08:01


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QUOTE (southpaw82 @ Fri, 18 May 2018 - 08:49) *
QUOTE (MessiBarca @ Fri, 18 May 2018 - 00:49) *
Can you add a photo /copy of this so I can show it as proof that the law isn't uniform nationwide when I go to court? Cheers

As Fredd says, the law is the same across England and Wales. At best, it is evidence that one particular force accepts that an email response would be sufficient.

Indeed, I would suspect that at least one of these cases has been to court with an e-mail nomination? (But without hard info it's all guessing)
  Forum: Speeding and other Criminal Offences · Post Preview: #1383079 · Replies: 59 · Views: 2,456

Jlc
Posted on: Fri, 18 May 2018 - 07:42


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Probably this 50.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383077 · Replies: 12 · Views: 632

Jlc
Posted on: Fri, 18 May 2018 - 06:55


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Of course, what would be ideal (if they have failed with keeper liability) is to tell them, or even better provide 'proof', that the keeper was not driving...

There's a train of thought that if the keeper did not name the driver then they were likely to be (on the balance of probabilities) the driver. Of course, for court the claimant would need to present something that tips the balance - there's no presumed keeper liability, regardless of how many spurious cases they trot out, e.g. Eliott v Loake.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383071 · Replies: 10 · Views: 329

Jlc
Posted on: Fri, 18 May 2018 - 06:13


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QUOTE (Rifty @ Fri, 18 May 2018 - 00:55) *
Do I need other grounds than a defective Notice to Keeper? If the conditions for Keeper liability are not met, I assumed any action must fail, and I could have it struck out on those grounds alone.

Unfortunately not that simple. They can pursue the keeper on the basis they were driving.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383063 · Replies: 10 · Views: 329

Jlc
Posted on: Fri, 18 May 2018 - 05:11


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They have to name you or face prosecution.

Likewise, when you receive yours then you also have to comply with the s172 request or face 6 points.

However, my money is on a lease company receiving the first NIP within time. The 14 days only applies to this notification. Unless you can see the v5 then it appears you don’t have a ‘late’ NIP defence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383061 · Replies: 7 · Views: 421

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