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southpaw82
Posted on: Today, 14:52


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QUOTE (seank @ Fri, 21 Sep 2018 - 14:15) *
What is your interpretation, please?

My interpretation is that the opinion of a single witness cannot found a conviction in certain circumstances. The reading created by a mechanical device is not an opinion. The purpose of the rule is to protect the accused against conviction based on a single unreliable opinion (aka unreliable evidence). No such protection ought to be required from evidence produced by a mechanical device, which is presumed to be operating correctly.
  Forum: The Flame Pit · Post Preview: #1418656 · Replies: 28 · Views: 734

southpaw82
Posted on: Today, 14:48


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QUOTE (ian505050 @ Fri, 21 Sep 2018 - 13:55) *
I thought one of the main principles of the police is Justice.

Who on earth told you that?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418655 · Replies: 34 · Views: 1,106

southpaw82
Posted on: Today, 14:46


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QUOTE (Dr.E @ Fri, 21 Sep 2018 - 14:50) *
Thanks for the replies folks. From what I've read, exceptions to the 14 day nip rule include situations where there's been accident (doesn't apply to me) and hire/ lease cars (does apply to me)


It being a lease car isn’t an exception.

QUOTE
Secondly this alleged offence was a result of an altercation between two drivers. The other driver obviously went to the police. Unless the other driver had a dashcam, surely it's just one drivers word against another?

People get convicted every day on such evidence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418654 · Replies: 24 · Views: 654

southpaw82
Posted on: Today, 10:40


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QUOTE (seank @ Fri, 21 Sep 2018 - 10:02) *
If we followed the logic in your first sentence, everyone would just pay up. I reckon this is what happens in 99% of speeding, parking and similar offences.


That’s entirely a choice for the OP, nobody is forced to fight or fold.

QUOTE
He just pointed and pinged, whereas the law says he must form prior opinion and then use the LTI to corroborate that.

People keep saying that but nobody can cite the law, other than a misunderstanding of s 89(2) of the Road Traffic Regulation Act 1984.
  Forum: The Flame Pit · Post Preview: #1418581 · Replies: 28 · Views: 734

southpaw82
Posted on: Today, 10:35


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QUOTE (Dr.E @ Fri, 21 Sep 2018 - 09:59) *
QUOTE (Churchmouse @ Fri, 21 Sep 2018 - 09:01) *
What is the NIP requirement, exactly?

QUOTE
1 (1A) A notice required by this section to be served on any person may be served on that person—
(a) by delivering it to him;
(b) by addressing it to him and leaving it at his last known address; or
( c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.]

Arguably, a NIP addressed to a person by surname only is not properly "addressed to him" and, thus, not properly served on that person. That there are four possible drivers at the address with the same surname reinforces this view. After 14 days, it would be worth a call to the police asking which person they meant to serve, and asking them to re-send the NIP. Which NIP would then be late.

--Churchmouse


Thank you very much. The most useful piece of information I've received.


Its usefulness will very much depend on the circumstances.


QUOTE
QUOTE (Jlc @ Fri, 21 Sep 2018 - 09:54) *
As leased, there doesn't appear to be a 'late' argument.

However, the s172 process doesn't have this time requirement. But it does appear it hasn't been served on a particular person.



Surely they have to write to the registered keeper (lease company) within 14 days?

Depends on whether the offence in question requires an NIP at all. If it does, then it depends on whether an exception applies. If not, then yes - have they?

If you choose not to respond to the s 172 request then someone could end up being summonsed for the s 172 offence. Quite who that someone would be is an open question at the moment. Any defence would rely on the “not addressed to me” point.

If you (or someone with your surname at your address) replies and names themselves as the driver (if that is indeed the case) and are subsequently prosecuted for an offence then the same argument can be run concerning the identity of the driver - though if they’re in the witness box they can simply be asked who was driving.

If someone replies naming someone else then that latter someone may get a s 172 request in their own (full) name and the process proceeds as normal.

There may be other permutations but those seem the most relevant. The best defence appears to be in relation to the first option, which relies on the court finding that no s 172 requirement was actually served on the defendant (and, preferably, anyone else).
  Forum: Speeding and other Criminal Offences · Post Preview: #1418576 · Replies: 24 · Views: 654

southpaw82
Posted on: Today, 10:27


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The court is well able to concentrate on what you’re saying for more than 60 seconds. If what you want to say takes 5 minutes to say then so be it. However, don’t repeat yourself or include irrelevancies. Nobody expects you to be able to make a plea like a lawyer, so don’t try.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418572 · Replies: 66 · Views: 2,652

southpaw82
Posted on: Yesterday, 21:16


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That would be the wording I’ve just quoted.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418464 · Replies: 92 · Views: 11,446

southpaw82
Posted on: Yesterday, 20:58


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QUOTE (monkeybrains74 @ Thu, 20 Sep 2018 - 21:46) *
The below comes from the end of case letter I got from my Solicitor

"The 3 penalty points imposed for this offence meant you had accumulated a total of 12 points for offences committed within a 3 year period and therefore you were at serious risk of a minimum 6 month Totting Up disqualification.

However, after considering the mitigation that I advanced on your behalf and looking very closely at the wording of section 35 of the Road Traffic Offenders Act 1988, the Judge VERY unusually agreed to not impose the minimum 6 month Totting Up disqualification despite you not having exceptional hardship grounds. The Judge agreed to impose a 3 month totting up disqualification on the basis you had only been caught by the totting up provisions by 6 days."

That’s not little known at all, that’s the legislation exceptional hardship pleas are made under. It makes no mention of the closeness of the offence to points ceasing to count for totting purposes, though clearly this was a matter the court saw fit to take into account. “Exceptional hardship” is simply shorthand for “that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified” so clearly the court found there were such grounds.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418454 · Replies: 92 · Views: 11,446

southpaw82
Posted on: Yesterday, 20:42


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QUOTE (henrik777 @ Thu, 20 Sep 2018 - 21:00) *
QUOTE (southpaw82 @ Thu, 20 Sep 2018 - 20:37) *
QUOTE (StuartBu @ Thu, 20 Sep 2018 - 20:26) *
Are Scottish JP's restricted in what fines/ points they can hand out compared to Sheriffs.

I believe so.


They may have extra powers with regards disqualifications in some motoring matters but speeding isn't one of them, i believe.

Indeed but I provided a general answer, not confined to speeding. It’s a petty offence so all courts should be able to deal with it.
  Forum: News / Press Articles · Post Preview: #1418443 · Replies: 9 · Views: 128

southpaw82
Posted on: Yesterday, 20:40


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QUOTE (monkeybrains74 @ Thu, 20 Sep 2018 - 21:17) *
I actually got a 3 month ban instead of 6 due to my solicitor informing the judge of little known legislation with regards to the most recent offence being so near to the time the first points were to come off


What legislation is that?

QUOTE
along with defenses we gave including the Community Support officer who came to court and defended hadn't brought proof he'd measured between the lampposts.

If it was a defence you wouldn’t have been convicted. It would (should) have no bearing on sentence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418441 · Replies: 92 · Views: 11,446

southpaw82
Posted on: Yesterday, 19:37


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QUOTE (StuartBu @ Thu, 20 Sep 2018 - 20:26) *
Are Scottish JP's restricted in what fines/ points they can hand out compared to Sheriffs.

I believe so.
  Forum: News / Press Articles · Post Preview: #1418416 · Replies: 9 · Views: 128

southpaw82
Posted on: Yesterday, 19:30


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It’s some minor thing about doing justice.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418415 · Replies: 33 · Views: 1,201

southpaw82
Posted on: Yesterday, 19:27


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QUOTE (Jlc @ Thu, 20 Sep 2018 - 14:31) *
Perhaps the driver isn't liable for this offence. (Clue the registered keeper is)

The offence is uses or keeps.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418414 · Replies: 6 · Views: 274

southpaw82
Posted on: Wed, 19 Sep 2018 - 21:37


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I think it would be a bold statement to say that pleading guilty to an offence that one knows one did not commit (and that someone else did) could never be PCOJ.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418179 · Replies: 19 · Views: 714

southpaw82
Posted on: Tue, 18 Sep 2018 - 14:37


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QUOTE (StuartBu @ Tue, 18 Sep 2018 - 14:59) *
QUOTE (The Rookie @ Tue, 18 Sep 2018 - 14:46) *
It would be in the UK, in Russia (according to their videos) there is a minimum value for CD which sticking on a sticker doesn’t transgress. Watched the channel for a long time.

But my reply ( and presumably Southpaws) related to OPs former colleague and working on the basis that colleague was in this country.

Indeed.
  Forum: The Flame Pit · Post Preview: #1417695 · Replies: 13 · Views: 376

southpaw82
Posted on: Tue, 18 Sep 2018 - 14:01


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Paragraphs 14 and 16 should be omitted. They are arguments that ought to be made to the court by the party or their advocate, not a witness (even if all three of those happen to be the same person).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1417677 · Replies: 74 · Views: 4,092

southpaw82
Posted on: Tue, 18 Sep 2018 - 13:58


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QUOTE (seank @ Tue, 18 Sep 2018 - 14:55) *
A stat dec will reset the £350 back to the original £100 and 3 points

A statutory declaration will set aside the conviction and sentence. The matter will not revert back to the fixed penalty. If the OP is convicted or pleads guilty then it would be open to him to ask to be sentenced at the fixed penalty level if the reason for not taking up the fixed penalty was unconnected with the offence. However, if he simply ignored the offer of a fixed penalty I don’t see a court having much sympathy with him.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417673 · Replies: 14 · Views: 405

southpaw82
Posted on: Tue, 18 Sep 2018 - 11:35


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QUOTE (passingthru @ Mon, 17 Sep 2018 - 23:22) *
A former colleague of mine owns a machine which can print and cut to shape adhesive stickers that are REALLY REALLY HARD to remove from glass. They are meant for "permanent" fixing. They laugh off soap and boiling water. One needs a debonding agent (?) to get them off properly. Trying to scrape them off more likely to scratch the windscreen.

Straight criminal damage.
  Forum: The Flame Pit · Post Preview: #1417600 · Replies: 13 · Views: 376

southpaw82
Posted on: Mon, 17 Sep 2018 - 20:03


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I doubt you’ll hear anything. If you do you’re rather unlucky.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417417 · Replies: 12 · Views: 556

southpaw82
Posted on: Mon, 17 Sep 2018 - 19:39


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QUOTE (Chris Harvey @ Mon, 17 Sep 2018 - 20:27) *
Ohh no really!? Do they need evidence or anything or do they not have to pull you over at the time?

Of course they need evidence of your vehicle’s speed. Evidence of the driver can be obtained by serving a s 172 notice on the registered keeper.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417399 · Replies: 12 · Views: 556

southpaw82
Posted on: Mon, 17 Sep 2018 - 19:21


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QUOTE (Chris Harvey @ Mon, 17 Sep 2018 - 20:19) *
I was speeding on the motorway along with another vehicle, a police car observered this and pulled over the other car. I was left to go on my way, can i still be prosecuted?

It was an unmarked police car if that helps anyone with advice.

Yes. Whether they will bother is another matter.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417390 · Replies: 12 · Views: 556

southpaw82
Posted on: Mon, 17 Sep 2018 - 16:20


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The problem with arms length advice is that it’s rarely as good as face to face. However, I’ve not seen many instances where outright wrong advice is given, or at least left unchallenged. People can only work on the facts presented to them and in the majority of cases those facts present no defence. That’s got nothing to do with “cliques” as you put it but rather the law, correctly applied.

Asking why people don’t recommend the unsigned route, outside of Scotland, demonstrates a lack of knowledge of the law as it stands, and has stood for several years. To do so would be reckless at best and dishonest at worst. If that is the standard of “advice” desired then I’m glad it’s not happening.
  Forum: The Flame Pit · Post Preview: #1417344 · Replies: 28 · Views: 734

southpaw82
Posted on: Mon, 17 Sep 2018 - 16:13


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QUOTE (ian505050 @ Mon, 17 Sep 2018 - 16:26) *
The NIP shows the incorrect speed as its not my bike and they would have realised this. If we were both speeding they would need to issue me a nip at whatever speed i was doing.

Considering an NIP need only describe the offence and need not mention a speed they’d not have to do anything of the sort.
  Forum: Speeding and other Criminal Offences · Post Preview: #1417343 · Replies: 34 · Views: 1,106

southpaw82
Posted on: Mon, 17 Sep 2018 - 13:49


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QUOTE (PASTMYBEST @ Mon, 17 Sep 2018 - 13:58) *
IIRC tailgating became a reason to issue a fixed penalty at the same time as middle lane hogging under the undue care etc offence. I define tailgating a bit differently, not traffic closing up in busy sections (usually at reduced speeds) rather some one aggressively driving to close to intimidate a driver to get them to move over. From what I see think the police are of the same mind

All that happened was that careless driving/driving without reasonable consideration became a fixed penalty offence. That covers tailgating and “middle lane hogging” as well as a whole host of other things.

Undue care is something else entirely.
  Forum: The Flame Pit · Post Preview: #1417290 · Replies: 16 · Views: 329

southpaw82
Posted on: Mon, 17 Sep 2018 - 12:37


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QUOTE (seank @ Mon, 17 Sep 2018 - 10:22) *
QUOTE (pentiumsarebest @ Sun, 16 Sep 2018 - 21:43) *
No disrespect is intended to contributers. This is a genuine puzzle for me.

It's been a while since I visited the Pepipoo forums. At least three years.

What a difference!

The advice largely on the speedings section largely seems to consist of "take the points and pay the fine." Whatever happened to the old Pepipoo bruisers who delighted in squeezing the law, suggesting when to go unsigned and challenging procedures? Are there no recent cases drivers can use?

The success list has it's last entry in 2012.

Perhaps there is another newer place the Bad Boys and Girls Club meet.

Exactly my opinion.
Time for some new blood in the Forum as the existing main contributors seem to act like tired, old men.
Honest John's backroom Forum shows the way this Forum is going.
People are advised just to roll over. When I look at the threads where people are advised to take up the fight, certain to win, they do and then lose.
Pity, this used to be an excellent source of useful knowledge and support.


If an OP has no viable line of defence what do you suggest?
  Forum: The Flame Pit · Post Preview: #1417275 · Replies: 28 · Views: 734

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