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Jlc
Posted on: Yesterday, 22:42


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That's tight.

FWIW it appears the offence was complete (as you could have stopped during Amber and the stop line was crossed during red) but your saviour could be the small amount of time for the camera to arm after red is illuminated.

Only a NIP will confirm for sure. (Within 14 days to the registered keeper)
  Forum: The Flame Pit · Post Preview: #1472653 · Replies: 3 · Views: 148

Jlc
Posted on: Yesterday, 20:20


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The limit may be ‘unreasonable’ but if it is correct then your actions are clear.
  Forum: Speeding and other Criminal Offences · Post Preview: #1472619 · Replies: 2 · Views: 121

Jlc
Posted on: Yesterday, 19:35


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QUOTE (emergencychimp @ Wed, 20 Mar 2019 - 19:18) *
No time period noted so not PoFA compliant.

Is that critical in a ‘no ticket’ situation?

QUOTE (Mrs Doyle @ Wed, 20 Mar 2019 - 19:24) *
Sorry, my mistake. Yes ticket purchased at 16:45 (have corrected original post). Exact same minute as PCN issued. Yes ticket purchased well within 10 mins of parking.

Your dilemma is that they will almost certainly reject an appeal on the basis they can and just want your cash.

The further dilemma is whether you want to reveal the driver by appealing the ticket. One option is to appeal as the keeper close to the deadline (say day 26). They won’t access the DVLA and definitely mess up keeper liability.

Whilst you have a totally legitimate point it’s a bit of a game. I can’t remember if they are litigious.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1472603 · Replies: 7 · Views: 136

Jlc
Posted on: Yesterday, 14:17


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Not enough detail to comment - what happened after the NIP was received is critical. (The only details they would have to start the process is the registered keeper details - unless someone else provided driver information)

Ignoring a 'summons' is never a good idea.

Also, without knowing what happened 'at court' it's impossible to comment. Perhaps they have a photo from the camera? (And matched it to the DL photo)

Basically, you can't get a straight answer that the prosecution was 'void' without knowing more.

QUOTE (theinnocentman @ Wed, 20 Mar 2019 - 13:46) *
after the NIP was received the summons was effectively ignored over the identity issue.

...and the rather important bit in the middle?
  Forum: Speeding and other Criminal Offences · Post Preview: #1472523 · Replies: 13 · Views: 641

Jlc
Posted on: Yesterday, 13:34


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QUOTE (long un @ Wed, 20 Mar 2019 - 11:51) *
The woman advised me to take it up with the parking company and that she would now pass it to their legal department.

No they won't. More letters will come with an increasing amount of red ink. (They only paid if you fall for it)

Anyway, if there was no breach in parking conditions then why ignore them? Although they tell you it's too late for any appeal it's probably best to write to them and tell them their ticket is 'wrong'. But it's unlikely to stop them - it's up to them whether they raise a claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1472504 · Replies: 4 · Views: 47

Jlc
Posted on: Yesterday, 13:25


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QUOTE (theinnocentman @ Wed, 20 Mar 2019 - 11:29) *
...this was a speed camera 4 in the morning. he was never stopped hence failure to name driver. nip was sent a few days later.

The 'failure to name the driver' follows the s172 request delivered with the NIP. What happened after the NIP was received?

(Not being stopped at the time has nothing to do with the failure to name the driver)
  Forum: Speeding and other Criminal Offences · Post Preview: #1472501 · Replies: 13 · Views: 641

Jlc
Posted on: Yesterday, 07:56


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Yes, but getting 9 points would indicate a guilty plea was submitted to the underlying offence.

Was this a roadside stop?
  Forum: Speeding and other Criminal Offences · Post Preview: #1472429 · Replies: 13 · Views: 641

Jlc
Posted on: Yesterday, 07:39


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In some ways you are ‘lucky’ to get this chance. Quite often the next step would have been a prosecution and conviction without your attendance. Relatively easy to sort but a right pain (requiring court attendance)

What’s the alleged speed/limit?
  Forum: Speeding and other Criminal Offences · Post Preview: #1472426 · Replies: 3 · Views: 178

Jlc
Posted on: Yesterday, 07:36


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When they received the summons (SJPN I guess) what did they do?

There’s not a lot of detail leading up to the conviction - this is critical. Actions and timelines could be vital.
  Forum: Speeding and other Criminal Offences · Post Preview: #1472425 · Replies: 13 · Views: 641

Jlc
Posted on: Tue, 19 Mar 2019 - 20:31


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QUOTE (Logician @ Tue, 19 Mar 2019 - 19:24) *
85 in a 60 would normally be at the top of the range for a fixed penalty rather than go to court

That's a good point...

Was a fixed penalty issued?
  Forum: Speeding and other Criminal Offences · Post Preview: #1472379 · Replies: 9 · Views: 542

Jlc
Posted on: Tue, 19 Mar 2019 - 14:17


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Guidelines has that excess as 4-6 points. If you receive 5 then you'll be fine. (It's also possible for short ban but points more likely)

If you receive 6 then you will have the opportunity to submit an exceptional hardship plea to reduce the 6 months totting ban. 'Needing your car' for work is unlikely to be considered sufficient in itself.
  Forum: Speeding and other Criminal Offences · Post Preview: #1472284 · Replies: 9 · Views: 542

Jlc
Posted on: Tue, 19 Mar 2019 - 12:23


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Looks like you've been found guilty (in absence) of the s172 offence.

For a not guilty plea you should have had the opportunity to attend court to defend. Contact the court ASAP - it looks like you never received the date to attend?
  Forum: Speeding and other Criminal Offences · Post Preview: #1472242 · Replies: 20 · Views: 1,058

Jlc
Posted on: Tue, 19 Mar 2019 - 10:06


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BBC News

QUOTE
An investigation has been launched after a parking attendant was caught putting up a temporary "no parking" sign before issuing a ticket.

He then took the sign away and the car's owner was sent a penalty notice for £100, a BBC investigation found.
  Forum: News / Press Articles · Post Preview: #1472184 · Replies: 4 · Views: 103

Jlc
Posted on: Mon, 18 Mar 2019 - 21:14


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QUOTE (Insanity @ Mon, 18 Mar 2019 - 20:52) *
They attached a contract for the land that they do have authority for. This land is not where the vehicle was parked in either ticket.

...then you should point this out (again?).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1472109 · Replies: 20 · Views: 817

Jlc
Posted on: Mon, 18 Mar 2019 - 21:12


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That excess is a fixed penalty (just) - 3 points £100.
  Forum: Speeding and other Criminal Offences · Post Preview: #1472106 · Replies: 3 · Views: 206

Jlc
Posted on: Mon, 18 Mar 2019 - 19:12


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The revocation is not issued by the court - the DVLA will write to him as an administrative process that his licence is revoked (on the assumption of 6 points). He can get his licence back fairly quickly but insurance may be an issue.
  Forum: Speeding and other Criminal Offences · Post Preview: #1472048 · Replies: 14 · Views: 672

Jlc
Posted on: Mon, 18 Mar 2019 - 17:51


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Get them to seek professional advice ASAP. That allegation has the potential for a prison sentence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1472008 · Replies: 5 · Views: 463

Jlc
Posted on: Mon, 18 Mar 2019 - 16:39


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QUOTE (jam_ham @ Mon, 18 Mar 2019 - 15:56) *
...not sure how successful this is likely to be.

They'll reject and POPLA won't entertain either.

Fortunately they are not particularly litigious so perhaps the keeper could make them an offer (say the unpaid tariff plus a small admin amount) to rectify their 'loss'. They'll reject but always puts you in a better position if they ever raised a claim. (They have 6 years to do so)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1471977 · Replies: 5 · Views: 92

Jlc
Posted on: Mon, 18 Mar 2019 - 16:33


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No detail to go on. Is it your space?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1471970 · Replies: 19 · Views: 197

Jlc
Posted on: Mon, 18 Mar 2019 - 09:28


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QUOTE (TheFonz12 @ Mon, 18 Mar 2019 - 09:08) *
Do they need to specify the colour of the vehicle to be POFA compliant in the NTK?

Nope.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1471822 · Replies: 34 · Views: 1,714

Jlc
Posted on: Mon, 18 Mar 2019 - 08:50


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QUOTE (notmeatloaf @ Sun, 17 Mar 2019 - 10:13) *
I doubt Trethowans will take it to court

Assume they will. The link posted above is the case I remember.
  Forum: The Flame Pit · Post Preview: #1471809 · Replies: 8 · Views: 454

Jlc
Posted on: Sun, 17 Mar 2019 - 20:03


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Stop parking in disabled spaces. Unless the manager is prepared to underwrite that then the parking company will issue tickets all day long. (And reject any appeal - POPLA won't help either)

At least it's a PPC that's not litigious, so ignore everything except a letter before claim or actual claim form.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1471726 · Replies: 5 · Views: 108

Jlc
Posted on: Sun, 17 Mar 2019 - 08:37


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Dead easy to beat, as above.

If your surname is wrong then check the v5 - it's probably wrong there too.

The 14 days only relates to keeper liability - they can pursue the driver instead but they've written to the keeper... (why you shouldn't tell them who was driving)

Beavis - it's difficult to disengage but this won't be going to court! There's no automatic defence for a P&D car park.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1471570 · Replies: 5 · Views: 86

Jlc
Posted on: Sat, 16 Mar 2019 - 19:57


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If you plead guilty to the speeding and not guilty to the s172 you'll end up with 9 points.

It's your bargaining chip.

You have to plead not guilty to get a hearing. Then you perform a 'plea bargain' where you offer to plead guilty to the speeding if the prosecution will drop the s172 charge. It's fairly routine but you are not in a good position as you have no defence to the s172.
  Forum: Speeding and other Criminal Offences · Post Preview: #1471512 · Replies: 15 · Views: 463

Jlc
Posted on: Sat, 16 Mar 2019 - 18:24


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Read carefully above. You cannot do this via SJPN unless you want 9 points.

You have to either ask for a court hearing or plead not guilty to both offences.
  Forum: Speeding and other Criminal Offences · Post Preview: #1471500 · Replies: 15 · Views: 463

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