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southpaw82
Posted on: Today, 17:45


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QUOTE (122basy @ Tue, 22 May 2018 - 17:58) *
QUOTE (southpaw82 @ Tue, 22 May 2018 - 13:33) *
I’m not sure PCOJ is appropriate.

I make 27 x 6 162 so don’t know where the extra 10 points came from.

Probably excess speed. smile.gif

Perhaps.
  Forum: News / Press Articles · Post Preview: #1384182 · Replies: 5 · Views: 57

southpaw82
Posted on: Today, 16:14


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QUOTE (oldstoat @ Tue, 22 May 2018 - 16:01) *
Well she intentionally drove at at least one person (the guy who stood in her path), so road traffic offences aside there's an assault and battery charge right there.

only if contact was made i presume

Assault is regards the threat of the immediate application of unlawful force. Battery is the actual application of it. So a completed assault and an attempted battery (were it an indictable offence).
  Forum: The Flame Pit · Post Preview: #1384160 · Replies: 7 · Views: 176

southpaw82
Posted on: Today, 12:33


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I’m not sure PCOJ is appropriate.

I make 27 x 6 162 so don’t know where the extra 10 points came from.
  Forum: News / Press Articles · Post Preview: #1384089 · Replies: 5 · Views: 57

southpaw82
Posted on: Today, 12:10


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Pick the bones out of this one.

Belgian plates and speeding offences. No doubt the ridiculously named “CRIT” team will be smugly pleased with themselves.
  Forum: News / Press Articles · Post Preview: #1384078 · Replies: 5 · Views: 57

southpaw82
Posted on: Yesterday, 22:44


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QUOTE (anon45 @ Mon, 21 May 2018 - 23:19) *
there is allegedly no method in law to obtain an order from a circuit judge to recover monies paid following an original judgment even if the appeal is successful.

The House of Lords in Nykredit v Erdman thought otherwise.

QUOTE
The effect of the decision of this House given last June was that some of the money previously paid by the defendants to the plaintiff as damages and costs, pursuant to orders of the Judge and of the Court of Appeal, fell to be repaid to the defendants. This has given rise to the question whether, when ordering repayment, the House has jurisdiction to award interest on the money ordered to be repaid.

I am in no doubt that the answer to this question is yes. The court has no general, inherent power to order the payment of interest. But the situation now under consideration is not directed at requiring a defendant against whom the plaintiff has a cause of action to pay interest on money to which the plaintiff's cause of action entitles him. Nor is it directed at requiring him to pay interest on unpaid costs. Rather, when ordering repayment the House is unravelling the practical consequences of orders made by the courts below and duly carried out by the unsuccessful party. The result of the appeal to this House was that, to the extent indicated, orders made in the courts below should not have been made. This result could, in some cases, be an idle exercise unless the House were able to make consequential orders which achieve, as nearly as is reasonably practicable, the restitution which this result requires. This requires that the House should have power to order repayment of money paid over pursuant to an order which is subsequently set aside. It also requires that in suitable cases the House should have power to award interest on amounts ordered to be repaid. Otherwise the unravelling would be partial only.

This power seems to me to fall squarely within that range of powers which are necessarily implicit if a court of law possessed of appellate functions is to carry out its prescribed functions properly. It is, as such, a power derived from what is usually referred to as the inherent jurisdiction of the court. It is a power equally possessed by the Court of Appeal consequential upon orders made by it. The only surprising aspect of this power is that its existence has not previously arisen for decision.


It would be absurd if it were otherwise.

There’s also the standard restitutionary remedy as in AB v British Coal Corp:

QUOTE
It seems to me quite clear that, during the period from 11 March to 21 December 2005, the Department was making payments of OROS costs pursuant to Sir Michael's orders. The decision of the Department not to apply for a stay meant that the court orders remained in force. If, at any time during the relevant period, the Department had ceased to make payments, or had reduced the level of payments made, it would have been open to the claimants to go back to Sir Michael and contend that the Department was in breach of his orders. The Department would have had no answer to that.

I accept the Department's contention that there is nothing inconsistent in the existence of concurrent obligations to make payments under the compulsion of court orders and also pursuant to an agreement between the parties. The fact is that the March 2005 agreement would never have been made, had it not been for the existence of the court orders. The effect of the agreement was that the court orders remained in place and the Department were under a compulsion to pay in accordance with their provisions.

That being the case, the circumstances prior to 21 December 2005 fall squarely within the principles set out in the passage from Goff and Jones to which I have previously referred. The claimants' solicitors have enjoyed the benefits of the overpayments made to them, at the Department's expense. In order to prevent the claimants' solicitors from being unjustly enriched, the Department has a right to recover the monies overpaid, together with interest thereon.
  Forum: The Flame Pit · Post Preview: #1383948 · Replies: 1 · Views: 93

southpaw82
Posted on: Yesterday, 22:30


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You’re not going to jail for crossing a level crossing 2 seconds after the lights went red.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383944 · Replies: 4 · Views: 254

southpaw82
Posted on: Yesterday, 18:48


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QUOTE (666 @ Mon, 21 May 2018 - 19:06) *
Or better still a magistrate.

Er, no.
  Forum: News / Press Articles · Post Preview: #1383875 · Replies: 18 · Views: 494

southpaw82
Posted on: Yesterday, 18:47


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QUOTE (MrEze @ Mon, 21 May 2018 - 19:44) *
I just hope presumably if I do, they can’t then up the punishment?


Fixed penalties are just that.


  Forum: Speeding and other Criminal Offences · Post Preview: #1383872 · Replies: 11 · Views: 307

southpaw82
Posted on: Yesterday, 17:42


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It’s one of the rare instances where I’d like to be a prosecutor.
  Forum: News / Press Articles · Post Preview: #1383836 · Replies: 18 · Views: 494

southpaw82
Posted on: Sun, 20 May 2018 - 20:01


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QUOTE (ManxRed @ Sun, 20 May 2018 - 20:30) *
QUOTE (southpaw82 @ Sun, 20 May 2018 - 16:11) *
QUOTE (ManxRed @ Sun, 20 May 2018 - 15:55) *
laugh.gif

A Manx FOTLer at that! He'll probably be represented in court by a talking mongoose.

I’m waiting for the explosion of outrage when he cites Magna Carta only to be told it doesn’t apply to the Isle of Man.


For all those Magna Carta types...

...there's a boat leaving in the morning.

Right yessir.
  Forum: News / Press Articles · Post Preview: #1383568 · Replies: 18 · Views: 494

southpaw82
Posted on: Sun, 20 May 2018 - 18:11


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QUOTE (The Rookie @ Sun, 20 May 2018 - 18:35) *
I’m sure he will claim he was travelling and not driving.....

That’s one of the American arguments isn’t it? That licenses only apply because of interstate commerce or something.
  Forum: News / Press Articles · Post Preview: #1383545 · Replies: 18 · Views: 494

southpaw82
Posted on: Sun, 20 May 2018 - 15:11


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QUOTE (ManxRed @ Sun, 20 May 2018 - 15:55) *
laugh.gif

A Manx FOTLer at that! He'll probably be represented in court by a talking mongoose.

I’m waiting for the explosion of outrage when he cites Magna Carta only to be told it doesn’t apply to the Isle of Man.
  Forum: News / Press Articles · Post Preview: #1383518 · Replies: 18 · Views: 494

southpaw82
Posted on: Sun, 20 May 2018 - 15:09


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QUOTE (Largechris @ Sun, 20 May 2018 - 15:16) *
I'd have thought there is plenty of time and opportunity to challenge the prosecution to present the evidence before any court appearance? My own case (I won) took 8 months before the court hearing for example. They will beg, cajole, bully to get you to pay up but if you know you are right then at least get hold of the speed limit sign log as above. Also (just going off my fairly limited experience) the more documentation you ask them for the more inconsistencies, fibs and procedural errors you can catch them in. They had two different locations of the alleged offence listed on my paperwork for example.

Using a single case as an example to extrapolate general principles from is unwise.

1. Presentation of the evidence will, normally, be done in accordance with the law. There is no need to "challenge" anyone to produce it.

2. They will not beg, cajole, or bully anyone into paying up. Once the time to accept a SAC or FPN is gone they will simply feed the file into the system where nobody really gives a stuff about it - just like the thousands of other speeding files.

3. I’m not sure what inconsistencies etc are relevant here. The question is quite simple: was the prevailing limit displayed for the requisite amount of time or not? That is a binary question with only two possible answers. If it is raised as part of the defence then the prosecution will either prove that it was or they won’t. Simple.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383517 · Replies: 12 · Views: 680

southpaw82
Posted on: Sat, 19 May 2018 - 11:50


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QUOTE (The Rookie @ Sat, 19 May 2018 - 06:24) *
QUOTE (southpaw82 @ Fri, 18 May 2018 - 18:22) *
QUOTE (The Rookie @ Fri, 18 May 2018 - 18:20) *
The finance company would be liable under the consumer credit act

Liable for what?

If your car is bought on credit the credit company have joint liability.


They can be - it depends on the relationship between the creditor, debtor and supplier.
  Forum: The Flame Pit · Post Preview: #1383399 · Replies: 19 · Views: 394

southpaw82
Posted on: Fri, 18 May 2018 - 22:06


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Is what you’ve received heads Notice of Intended Prosecution?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383356 · Replies: 7 · Views: 399

southpaw82
Posted on: Fri, 18 May 2018 - 18:06


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QUOTE (Korting @ Fri, 18 May 2018 - 18:45) *
QUOTE (southpaw82 @ Fri, 18 May 2018 - 18:22) *
QUOTE (The Rookie @ Fri, 18 May 2018 - 18:20) *
The finance company would be liable under the consumer credit act

Liable for what?


Thats what I'm wondering, I can understand if the car is faulty and spends more time at the dealer within the first say 6 to 12 months but would they be liable if something major failed whilst the loan is being paid off?

Look at it another way: Let us say you took out finance for 6 years, and you do around 15K miles per year, after say 5 years the car would have done 75K miles on top of its mileage at the moment which is around 50K, would the finance company really cough up if the engine failed at over 100K miles?

I’d like someone to explain how the finance company would be liable at all.
  Forum: The Flame Pit · Post Preview: #1383304 · Replies: 19 · Views: 394

southpaw82
Posted on: Fri, 18 May 2018 - 17:29


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This will end well...

A FOTLer has told a court that the name on his driving licence is but a legal fiction.
  Forum: News / Press Articles · Post Preview: #1383298 · Replies: 18 · Views: 494

southpaw82
Posted on: Fri, 18 May 2018 - 17:22


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QUOTE (The Rookie @ Fri, 18 May 2018 - 18:20) *
The finance company would be liable under the consumer credit act

Liable for what?
  Forum: The Flame Pit · Post Preview: #1383297 · Replies: 19 · Views: 394

southpaw82
Posted on: Fri, 18 May 2018 - 15:08


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All of the relevant orders I’ve seen for the M1 say the limit becomes active 10 seconds after the sign is displayed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383258 · Replies: 12 · Views: 680

southpaw82
Posted on: Fri, 18 May 2018 - 11:53


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QUOTE (Jlc @ Fri, 18 May 2018 - 09:01) *
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)

Quite likely but whether any objection was raised and the point argued and determined is less likely.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383187 · Replies: 59 · Views: 2,486

southpaw82
Posted on: Fri, 18 May 2018 - 07:49


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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.
  Forum: Speeding and other Criminal Offences · Post Preview: #1383078 · Replies: 59 · Views: 2,486

southpaw82
Posted on: Thu, 17 May 2018 - 19:25


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Are you the registered keeper and is the address on your log book correct?
  Forum: Speeding and other Criminal Offences · Post Preview: #1382991 · Replies: 7 · Views: 425

southpaw82
Posted on: Thu, 17 May 2018 - 17:02


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QUOTE (Michael Gibson @ Thu, 17 May 2018 - 17:34) *
I've got a 2015 Dacia Sandero

I’m so sorry.
  Forum: The Flame Pit · Post Preview: #1382952 · Replies: 9 · Views: 272

southpaw82
Posted on: Wed, 16 May 2018 - 20:26


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Shall I put the truth or commit forgery?
  Forum: The Flame Pit · Post Preview: #1382759 · Replies: 8 · Views: 534

southpaw82
Posted on: Wed, 16 May 2018 - 17:23


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Shock! News! Read! Wow!

Slow day at the office for that "journalist".
  Forum: The Flame Pit · Post Preview: #1382715 · Replies: 17 · Views: 759

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