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Incandescent
post Sat, 18 Aug 2018 - 19:19
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Failure to update the V5 has become a continuing theme on this forum and clearly is related to councils using CCTV for bus lanes (and other offences if in London) where PCNs and all subsequent docs are sent by post to the V5 address. My opinion, FWIW, is that there should not be any split between In-time and Out-of-time declarations where the address has been an issue. It is high time government recognised people do not live totally tidy lives and that updates to V5s can take weeks not days. There also needs to be a law that prevents councils instructing bailiffs until DVLA has again been requested to provide latest name and address.
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PASTMYBEST
post Tue, 21 Aug 2018 - 00:57
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QUOTE (southpaw82 @ Mon, 20 Aug 2018 - 22:37) *
QUOTE (PASTMYBEST @ Mon, 20 Aug 2018 - 19:42) *
so somewhere along the line court officers have been instructed in how to act in this regard.


That would be wrong, IMO.


QUOTE
there is guidance even for judges, can it not guide in the direction of allow the OOT unless*** or at least consider the objections voracity


That’s what they ought to be doing already.

QUOTE
I also note we use different terms, I use court officer, you use judicial officer. Am I mistaken are they not two different entities?

Sorry, just some local shorthand. How about “court officer exercising the jurisdiction of the court”?


this is the bit I struggle with. is a court officer an administrative functionary or some one appointed to judicial office ? one should be afforded complete independence the other IMO not


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post Tue, 21 Aug 2018 - 00:57
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southpaw82
post Tue, 21 Aug 2018 - 09:47
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QUOTE (PASTMYBEST @ Tue, 21 Aug 2018 - 01:57) *
this is the bit I struggle with. is a court officer an administrative functionary or some one appointed to judicial office ? one should be afforded complete independence the other IMO not

A court officer exercising the court’s powers should do so unfettered, IMO - otherwise it’s not the court making the decision, it’s the executive. In practice, anything contentious ought to be referred to a judge (and there is power under the rules to do so). Apparently the matter in hand concerning OOT declarations isn’t considered contentious in the majority of cases. Whether that’s correct is another matter.

In my view the correct answer is for each case to be considered on its merits by whoever is making the decision, not the issuing of an executive diktat to the courts.


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