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desktop_demon
Posted on: Sat, 29 Apr 2017 - 17:11


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An everyday story of simple driving folk.

http://www.bbc.co.uk/news/uk-england-norfolk-39706672

How is it that the CPS cannot prosecute this case? Do the BiB have no power to ask the registered owner to identify the driver?
  Forum: The Flame Pit · Post Preview: #1281385 · Replies: 25 · Views: 5,052

desktop_demon
Posted on: Wed, 29 Jun 2016 - 07:52


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And they say this thing has a 65% success rate!
https://www.theguardian.com/technology/2016...london-new-york
  Forum: News / Press Articles · Post Preview: #1188752 · Replies: 1 · Views: 556

desktop_demon
Posted on: Wed, 29 Jun 2016 - 07:49


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We had a case like this some 8 years back with Andypf. The charge was 65mph and the photos (which we still have) showed 28. The explanation that Andy mentions was the only thing we could explain it with at the time and I did several experiments to establish it could happen for real. It is the only Gatsometer error that the police (esp RSS) refused to acknowledge could happen. Unfortunately the photo evidence proved otherwise.
  Forum: News / Press Articles · Post Preview: #1188751 · Replies: 24 · Views: 2,792

desktop_demon
Posted on: Wed, 3 Feb 2016 - 13:02


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This report caught my attention and not for the usual reasons. It shows the counter argument to many suggestions made in the past to use a "Failure to furnish" conviction to avoid a worse charge on evidence grounds.
http://www.bbc.co.uk/news/uk-england-notti...mshire-35472617

( and this link by rider Mr Scot: https://www.youtube.com/watch?v=4ua92cASvgw )

The car was clearly (and identifiably) captured on camera hitting a cyclist and then driving away. After some investigation the police were able to identify the "registered keeper" and asked who was driving. Answer came there none and the RK was duly charged with FtF. After being awarded 6 points and a fine, everybody left the building to celebrate the outcome. Except the bicycle rider of course. On PPP we usually discuss the rights of the road user versus the authorities that enforce road law. Typically a "drvier/rider vs Police/CPS" scenario and we are often minded to assist the driver/rider rather than the authorities. Of course this is not always true: http://www.motorcyclenews.com/news/2013/ma...r-forum-boasts/ as some have found.

However here we have two road users involved in an accident and a serious one at that. IMHO The car driver is clearly a careless and probably dangerous driver and personally I wouldn't like to have them driving behind me while on my bike. So what would readers suggest as being a just outcome in this case and how it might be (legally) achieved. Could the bicycle rider sue the owner of the car (leased no doubt) as their property caused the damage? Should the owner of the car be made responsible as a back stop to unknown driver excuses?

I accept this is not a discussion we often have but its nice to be able to appreciate both sides of any given legal position.
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desktop_demon
Posted on: Wed, 4 Nov 2015 - 10:50


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We lose on penalties, again ... sad.gif
But at least m'Lord Toulson gave a helpful interpretation of events.
  Forum: News / Press Articles · Post Preview: #1124423 · Replies: 465 · Views: 46,783

desktop_demon
Posted on: Mon, 24 Nov 2014 - 16:05


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It is most definitely probable that nothing would result from this purported event if it had been immediately forgotten (with any lessons learned, of course smile.gif

On the other hand one could write up the (self admitted) offence on a public notice board that the police are known to read and take note of. Then confirm it happened (just in case the original admission was a typo). A quick request to the ISP and the board administrators by a eagle eyed wannabee and hey presto, Joe Bloggs of 32 Acacia Avenue, you are today's lucky winner of a free visit from the BiB. I admit it is not likely but I refer the reader to my post #4. I accept the point implied by @mattd above that we only have a right against self incrimination in the UK but in the context of this thread I think the advice is clear.

That is, the only reason something will come of this is because the OP has admitted (and confirmed) the offence on a public notice board. rolleyes.gif

Thankfully the BiB aren't (usually) bored enough to follow up such trivia.
  Forum: Speeding and other Criminal Offences · Post Preview: #1023444 · Replies: 18 · Views: 2,415

desktop_demon
Posted on: Sun, 23 Nov 2014 - 15:20


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IANAL But - "you have the right to remain silent" and I would advise you to exercise it!
  Forum: Speeding and other Criminal Offences · Post Preview: #1023121 · Replies: 18 · Views: 2,415

desktop_demon
Posted on: Wed, 13 Aug 2014 - 10:54


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One person I know who got a ticket for using a mobile phone while "driving" (even though stationary for ten minutes in a traffic queue and only dictating a letter) wrote to the ticket tubbies and laid out the facts as she saw them. Although a ticket had been issued and not paid in the required time - the police decided not to prosecute. So sometimes (just sometimes) a well worded letter based on the facts can influence a decision of whether or not to prosecute.
  Forum: Speeding and other Criminal Offences · Post Preview: #991336 · Replies: 50 · Views: 5,727

desktop_demon
Posted on: Wed, 13 Aug 2014 - 10:45


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where/when was that?
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desktop_demon
Posted on: Tue, 12 Aug 2014 - 15:26


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<censored response>
I know what m'Lord Lokki would have done laugh.gif
  Forum: The Flame Pit · Post Preview: #991089 · Replies: 60 · Views: 4,574

desktop_demon
Posted on: Tue, 12 Aug 2014 - 15:18


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On the facts reported, I advise pleading not guilty and calling the son to give evidence as to the facts of the matter. While I do not agree with the overuse of a mobile phone while driving - I do think that the executive are often too quick to prosecute and not so quick to listen to the circumstances. I have advised five people to refuse a ticket and/or plead not guilty in such circumstances - and all, so far, have been successful in their own defence.

Some here will offer advice that it is much "worse"- financially speaking - to get convicted than to plead guilty. That is true - if one is convicted. On the flip side it is much better to plead not guilty and to have an unfounded charge dismissed by the bench. Going to court is always a worrying experience, but court is about presenting the facts as all parties see them and then determining the truth. "Chancers and time wasters need not apply" but citizens with a credible explanation should be given the benefit of the doubt.

Good luck!
  Forum: Speeding and other Criminal Offences · Post Preview: #991087 · Replies: 50 · Views: 5,727

desktop_demon
Posted on: Tue, 12 Aug 2014 - 15:07


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Yes. Because they still made a loss of £7.3M laugh.gif
  Forum: News / Press Articles · Post Preview: #991081 · Replies: 8 · Views: 838

desktop_demon
Posted on: Tue, 12 Aug 2014 - 10:30


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When I read this a tear came to my eye;
http://www.bbc.co.uk/news/business-28751608

And my ribs haven't stop hurting since! laugh.gif

Maybe the golden goose has finally run out of eggs?
  Forum: News / Press Articles · Post Preview: #990943 · Replies: 8 · Views: 838

desktop_demon
Posted on: Tue, 5 Aug 2014 - 14:47


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So the offence is alleged in October and the OP gets a NIP dated late February - approx 3 or so months later. The OP responds saying that he is not sure who was driving 3 months back. The Police (as is so usual) take a tough line and prosecute for speeding and failure to furnish.

What a bunch of fecking morons.

1- there is no evidence that the OP was driving so the speeding charge is a non starter - "unless the OP wishes to convince the bench otherwise"
2- failure to furnish. IMHO this one is worth defending and with good reason.

If I asked someone who was driving a vehicle in their keeping yesterday then I would expect them to remember.
If I asked someone who was driving a vehicle in their keeping last week then I would expect them to remember something.
If I asked someone who was driving a vehicle in their keeping last month then I would expect them to remember important incidents ( eg. "no idea, except Fred crashed the van on Tuesday")
If I asked someone who was driving a vehicle in their keeping 3 months ago then I would expect them to struggle to remember.
If I asked someone who was driving a vehicle in their keeping last year then I would expect them not to remember.

The point being that while things can (or should) be remembered from the immediate past, as time goes on it is not so easy to remember. Some have worse memories that others. Some have no memory at all. Some have diagnosed medical conditions that prevent memory working correctly. And some have the same problem but undiagnosed. At what point is one able to say, "are you joking? That was ages ago..."

I think the response given by the OP, 3 months after the alleged offence is perfectly reasonable. If the police can't make timely inquiries then that is their problem and should be seen as such. It is IMHO unfair to make the OP directly responsible for the untimely inquiries of the executive.

As has been written above - it is a pity the OP did not fully understand the implications of the s.172 request and was sidetracked by the NIP being delivered after 14 days. Was any earlier NIP sent out to the OP (and not received) or to others? It is strange the police should wish to contact the OP after so long - especially without trying others.

So OP, on the facts given, I tempted to advise to go plead not guilty to the lot, and ignore the nay sayers. I accept that the bench is often predisposed to conviction but in this case I believe there is a very reasonable argument for the defence. Of course, "my belief" has little weight in the court's considerations but M'Lord Lokki would most certainly defend such a charge and if convicted, ask for the case to be stated for an appeal to the High Court. The situation described has many similarities to the successful "test drive" s.172 appeal. That was allowed on a similar "how am I supposed the remember after some months" argument. While not exactly the same situation - there is the beginnings of a "too long ago" defence there.
  Forum: Speeding and other Criminal Offences · Post Preview: #988854 · Replies: 28 · Views: 3,108

desktop_demon
Posted on: Tue, 5 Aug 2014 - 14:16


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+1 to what JJ writes above. DO NOT LET THIS DROP. Presuming the solicitors have actually received the money then they should re-reimburse you directly and promptly. Letting them "get away with it" is bad for you and for the next customer. From the OP's description I would consider the solicitor's actions very unprofessional - bordering on theft/fraud. At a minimum write a letter to the senior partner requesting urgent payment in full and interest (at 2% above base rate). If that goes nowhere, try phoning and if rebuffed again then complain to the SRA.

I wish you forbearance and Good luck!
  Forum: Speeding and other Criminal Offences · Post Preview: #988841 · Replies: 30 · Views: 4,588

desktop_demon
Posted on: Tue, 5 Aug 2014 - 13:42


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65,000+ and still going strong.... smile.gif
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desktop_demon
Posted on: Mon, 14 Jul 2014 - 05:49


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QUOTE (desktop_demon @ Mon, 10 Feb 2014 - 14:44) *
if its any help, m'Lord Lokki says that if he was in the OP's position he would take this one to court.


Lucky Lord Lokki - the sons of anarchy erect another trophy! smile.gif

And a big shout for largechris - fighting back on a fight back forum! Way to go....
  Forum: Speeding and other Criminal Offences · Post Preview: #981458 · Replies: 75 · Views: 13,552

desktop_demon
Posted on: Fri, 4 Jul 2014 - 10:39


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IMHO - a vehicle travelling at a constant illegal speed has committed an offence - one offence. If a vehicle is travelling at an illegal speed and slows to a legal speed and subsequently speeds up to an illegal speed, then two offences have been committed.

If a vehicle is traveling on the A1 at an illegal speed it would depend on what part of the A1 the offence was detected for one to be able to say if one or two offences have been committed. If for example there was a roundabout in the road en route then it could be reasonably presumed that the roundabout was navigated at a slower speed than the legal limit. In such a circumstance two offences could have been committed. If there was no such obstruction on the relevant part of the A1 then my presumption would be that only one offence had been committed. I would expect that argument to be accepted by the bench. if not then I would expect it to be accepted by the crown court or even the high court on appeal.


  Forum: Speeding and other Criminal Offences · Post Preview: #977946 · Replies: 21 · Views: 2,331

desktop_demon
Posted on: Thu, 17 Apr 2014 - 15:57


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I own a house in the Ukraine. I speak Ukrainian badly - almost as badly as I speak Russian (well slow down then - ED) I employ several Ukrainian and Russian freelancers. I talk to them and their families frequently. I travel to the Ukraine every few years. I have considered the situation VERY carefully and in depth. So far I have not been too surprised by events. My only real surprise is that the Russian speaking section of the population have not got more angry more quickly.

I am somewhat underwhelmed by those that say there is "Russian Intervention" in Eastern Ukraine. Did no one think there has been "western intervention" in western Ukraine? When local rioters (and not the general population) took control of the police station in Lviv (etc) - did anyone worry that Poland (goaded by Uncle Sam) was exerting any undue influence on a region that WAS Poland before the second world war? No doubt that was "democracy in action". The flip side is that anyone can stage a revolution and a good number of people in the Eastern oblasts have done exactly that. They have absolutely no wish to be ruled from Poland or Germany (or Brussels), either directly or indirectly. And in Lugansk and Donetsk they have no real wish to form closer ties with the EU, in fact the opposite view is gaining some ground. My contacts in Russia, as westernised and internet savvy as they may be, have no wish to join the EU or indeed eject Putin (but you how things are when the vodka dries up...).

Think that's a mad idea - go talk to UKIP. They might be swivel eyes loons but they have popular support. And many Tories aren't far behind in their disdain for the EU. So if the English don't particularly like the EU then why should anybody in eastern Ukraine, a place well beyond the EU's sphere of monetary influence. To them its "better the devil they know"....

IMHO, Ukraine is not a really a country or even one social group. It is another "hotch potch" of social groups, often old enemies, drawn from the Ruthenian Poles/Bohemians, Tartars, Cossacks and Rus. And probably several drunk Scythians. Within its current boarders, it only really had currency in the Soviet Union. Left to its own devices I suspect it would rapidly fall apart - roughly down the Dniepr river. The old Ruthenians to the west can join Europe - which should come as a shock to Europe! And the population to the east of the divide can move into a distant orbit around Moscow. I might say "like Belarus" but I am hopeful they may see sense in avoiding that precise path.

That many people in the east do feel some antipathy to the current government Kiev and the EU is not in question. If the interim government in Kiev decides to use less "jaw, jaw" and more "war, war" ( a thing it criticised the previous Yukanovich government for) then let the games commence!. The only reason the "west" wants Ukraine intact, territorially speaking, is because if it can pull off an "annexation" of west Ukraine then it would be default get "east Ukraine" and thus another boarder with Russia. But I doubt that would be allowed to happen for similar reasons to the Americans not wanting Russian missiles in Cuba.

What's a good way forward? IMHO - Mr Kerry - shut up. Mr Haig - put a sock in it. EU - get on with doing something useful and stop trying to raise tensions elsewhere. In fact let the people who are affected by this mess try to sort it out without continuous intervention by out side interests. The Ukrainian population has intelligence and ability. Let them use it to sort out their own problems. As for financial help for Ukraine's economic woes - ask Greece how well "financial assistance" and "democratic government" worked there....

What of Czar Putin? Hmmmm. He has a difficult job and I am not always happy with the way he (or his government) does it. But compared to Emperor Bush he is almost a pacifist. Don't believe me? Does one remember when the Americans supplied Stinger missiles to Afghan Terrorists/Unlawful Combatants to kill Russian soldiers who were fighting the same people that our lads have just stopped fighting? The Russians might be brutal but they are not as spiteful as the Septic Tanks. They have never supplied Igla SAM's to the Afghans to waste the British or the Americans (who replaced the Russians).

And as for American and British foreign policy towards totalitarian dictators propped up by corruption and less than transparent governments - perhaps after the Ukraine, Mr Haig and Mr Kerry could turn their attentions to, errr, Bahrain or even, errr, Saudi Arabia. No? I didn't think so.... Their bold statements about democracy and the need for popular support for governments (as admirable as they may be) amount to another load of particularly malodorous flatulence when faced with "realpolitik". In reality they are as powerless to act against events in Eastern Ukraine as they are to act against events in North Korea. Which allows them to say more than they can actually do. Politicians! Huh!

  Forum: The Flame Pit · Post Preview: #951369 · Replies: 20 · Views: 2,221

desktop_demon
Posted on: Tue, 18 Feb 2014 - 08:24


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Maybe these ghoulish creatures are active at night but dormant during the day - check again at noon! :0)

Hopefully they will process the OP's appeal and/or issue a POPLA code now they are "active"?
  Forum: Private Parking Tickets & Clamping · Post Preview: #927662 · Replies: 85 · Views: 8,620

desktop_demon
Posted on: Wed, 12 Feb 2014 - 16:49


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QUOTE
doing 52mph in a variable speed limited zone
which strangely is not actually an offence. Exceeding the speed set by a variable speed limit might be but the detail quoted should correctly read something like "doing 52 in a variable speed zone indicating a 40mph limit".

I wonder what evidence will be presented to prove the variable speed signs actually displayed the speed limit set. I mean its one thing using a mouse in the control office and pointing at a screen dialogue but quite another to actually prove the sign functioned correctly at the time.

How was the alleged offence captured? If by camera it may be worth asking if "there are any photos to help identify the driver". Every bit of information helps.
  Forum: Speeding and other Criminal Offences · Post Preview: #925787 · Replies: 6 · Views: 1,246

desktop_demon
Posted on: Mon, 10 Feb 2014 - 14:09


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An appeal can be made - I suspect an appeal to the Crown Court (as opposed to "case stated") would be the only viable option. If the OP wants to appeal then a letter must be sent to the court stating as much within 21 days of conviction.

I am not sure the court will make any real distinction between voicemail and a phone call.

Is it worth appealing.... Hmmm. Difficult to say - but not a "slam dunk". The existence of a 2 second incoming call at 6:12pm puts a bit of a spanner in the works. There are two police occifers saying the OP was using a phone and evidence of an incoming call around that time. It might just be worth arguing in crown court but on the facts reported it is a difficult argument to make without further supporting evidence. The loss of the reported video is a blow to the defense case.


  Forum: Speeding and other Criminal Offences · Post Preview: #924839 · Replies: 90 · Views: 10,819

desktop_demon
Posted on: Mon, 10 Feb 2014 - 13:44


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if its any help, m'Lord Lokki says that if he was in the OP's position he would take this one to court.
  Forum: Speeding and other Criminal Offences · Post Preview: #924831 · Replies: 75 · Views: 13,552

desktop_demon
Posted on: Sat, 8 Feb 2014 - 16:01


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wink.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #924402 · Replies: 40 · Views: 6,055

desktop_demon
Posted on: Sat, 8 Feb 2014 - 15:22


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If the occifer states that he saw the OP using the phone at the time (eg - "I saw him holding it to his ear and moving his jaw") then one would presume that a call was in progress. If that was so the call records from the Telco would prove it. If there is no interactive communication ongoing then the evidence only suggests the OP committed the heinous offence of miming while holding a phone to one ear. Which is bad practice but not covered by the requirements for the offence of using a mobile phone while driving.

So that should, at least, preclude a custodial sentence.....
  Forum: Speeding and other Criminal Offences · Post Preview: #924396 · Replies: 90 · Views: 10,819

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