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The Rookie
Posted on: Today, 14:02


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QUOTE (accuseddevon @ Thu, 20 Jun 2019 - 14:37) *
Unless we see a clear picture of him at the wheel then he will stand by his not guilty plea.

That may be OK for a not guilty to the speeding, it doesn't help with the not guilty to the Failing to furnish AT ALL unless he can show the notice was improperly addressed and that it wasn't his fault it was. Ironically it would be better if he was driving.

QUOTE (accuseddevon @ Thu, 20 Jun 2019 - 14:37) *
If it clearly is him then maybe we could ask to change that plea on the basis the other is dropped? Not sure how likely they are to go for that though?!

Yes of course that can be asked for, its routine and we have only been made aware of one case where it wasn't accepted and that was when the defendant was am complete A-hole.

  Forum: Speeding and other Criminal Offences · Post Preview: #1494024 · Replies: 13 · Views: 242

The Rookie
Posted on: Today, 13:24


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EDIT that post now, never give away the driver ID, refer to the driver ONLY as 'the driver'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1494011 · Replies: 3 · Views: 26

The Rookie
Posted on: Today, 12:59


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No, the magistrates would convict and fine you for the breach of the byelaws, they may then make an award to the TOC on top of that, but usually that would be for no more than the original parking fee allegedly owed.

DO NOT ask all the questions on the first reply, the logical first question is 'which Byelaw was breached by "failing to obtain a valid ticket or voucher"', a simple reading of the Byelaws tells you there is no such Byelaw offence. Once they claim it's failing to pay they 'actually really meant, honest' you can point out you paid and hence there was, by their own admission, no breach of Bylaws!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1494006 · Replies: 17 · Views: 168

The Rookie
Posted on: Today, 12:53


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QUOTE (accuseddevon @ Wed, 19 Jun 2019 - 20:22) *
he doesn't ever recall seeing a police man by the road (it was a handheld speed camera that was used)

A camera mounted in a van on a tripod is still classed as 'handheld', so not seeing 'an occifer don holding a camera' isn't necessarily relevant.
  Forum: Speeding and other Criminal Offences · Post Preview: #1494004 · Replies: 13 · Views: 242

The Rookie
Posted on: Today, 12:05


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Read the FAQ for hosting, but don't if its just for the query you have.

A Notice is just that, it requires no reply, the fact it's on the same piece of paper as the S172 request (to name the driver) makes no difference to it, so even IF there was an error in the S172 request it doesn't invalidate the notice, bearing in mind what you have may be A NIP but its not THE relevant NIP which is the one sent to the registered keeper.

If the car is leased the RK may be a financing company, your notice may well be the third in the chain, no 'shambolic' needed.

They would struggle, if challenged, to prove an email reply was sufficient evidence as to driver ID, so while it may have seemed a good idea I suspect they decided it was actually a really bad one. Statute allows them to dictate a written reply and signed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1493988 · Replies: 9 · Views: 149

The Rookie
Posted on: Today, 11:58


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Ref procedures.

You arrive and check in.

When your case is about to start you'll be called in and taken to the defendants location.

You'll be asked how you plead, just a straight guilty or not guilty. If guilty you'll be asked if you have anything to say.

If not guilty the prosecution will kick off by giving its case, you'll be able to cross examine any witnesses after they give their evidence, after 'half time' you present you legal case and also your witness evidence (if appropriate) and again can be cross examined. Then the bench will consider it's verdict.

It's not a good idea to accuse anyone of lying unless you can show its a DELIBERATE falsehood, if its accidental or negligent then it's 'mistaken' or 'confused'. Noting we have already given a plausible explanation for the biggest alleged disparity.
  Forum: Speeding and other Criminal Offences · Post Preview: #1493986 · Replies: 33 · Views: 2,718

The Rookie
Posted on: Today, 10:48


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Some do not load for 'reported incidents' which do not amount to claims.
  Forum: Speeding and other Criminal Offences · Post Preview: #1493955 · Replies: 7 · Views: 308

The Rookie
Posted on: Today, 10:47


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Alleged speed?
Limit?
You know nothing AT ALL of the circumstances?
Relationship to vehicle?

Going from your answers, you weren't driving and know who was, so name them as required by the law.
  Forum: Speeding and other Criminal Offences · Post Preview: #1493954 · Replies: 9 · Views: 149

The Rookie
Posted on: Today, 10:36


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While other offences may apply, failing to stop/report (RTA 1988 S170) only relates to mechanically propelled vehicles and wouldn't apply to a cyclist.
https://www.legislation.gov.uk/ukpga/1988/52/section/170

One wonders if the cyclist counter claimed for their own losses...... (Noting often insurers will agree to treat the result as having a counterclaim without having a formal counterclaim in place, I had this in my case).
  Forum: The Flame Pit · Post Preview: #1493949 · Replies: 21 · Views: 514

The Rookie
Posted on: Today, 10:20


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If its there you are entitled to rely on it and the council can't enforce a different restriction just because they forgot to take it down.

Any restriction is SET by the order and the driver INFORMED by signage, both must be in order for the order to be enforceable.
  Forum: The Flame Pit · Post Preview: #1493943 · Replies: 16 · Views: 351

The Rookie
Posted on: Today, 10:15


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QUOTE (Redivi @ Thu, 20 Jun 2019 - 11:03) *
My wife refuses to accept that pedestrians crossing at a road junction have priority

HC Rule 170 https://www.gov.uk/guidance/the-highway-cod...road-159-to-203

QUOTE
Take extra care at junctions. You should

watch out for cyclists, motorcyclists, powered wheelchairs/mobility scooters and pedestrians as they are not always easy to see. Be aware that they may not have seen or heard you if you are approaching from behind
watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way
watch out for long vehicles which may be turning at a junction ahead; they may have to use the whole width of the road to make the turn (see Rule 221)
watch out for horse riders who may take a different line on the road from that which you would expect
not assume, when waiting at a junction, that a vehicle coming from the right and signalling left will actually turn. Wait and make sure
look all around before emerging. Do not cross or join a road until there is a gap large enough for you to do so safely.
  Forum: The Flame Pit · Post Preview: #1493941 · Replies: 21 · Views: 514

The Rookie
Posted on: Today, 07:17


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QUOTE (mike5100 @ Wed, 19 Jun 2019 - 22:23) *
That Lidl model is worth thinking about but there's a complication - there's a restaurant in our building

So the restaurant operate a 'white list' for customers, you come to an agreement on who bears the cancellation charges for their customers who fail to register but they want to come again.

The operating cost per ticket would be quite small anyway, circa £10.

Athena do the leg work for Lidl and are certainly one of the less venal and rapacious of the PPC's.

One option is to make up your own PPC style signs, never actually DO anything, but maybe the threat would be enough!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493897 · Replies: 3 · Views: 111

The Rookie
Posted on: Yesterday, 19:56


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In what way did showing you are a member show you complied with the terms of the contract?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493831 · Replies: 6 · Views: 70

The Rookie
Posted on: Yesterday, 19:48


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Well one option is the Lidl model, the parking company gets a fixed fee for processing cases, the landholder gets the profit but accepts that in some cases they’ll pay the fee when cancelling tickets.

The other option is a barrier and fob system.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493828 · Replies: 3 · Views: 111

The Rookie
Posted on: Yesterday, 14:35


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The key bit is having protected characteristics, you can explain why that warrants extra time but you don't have to go into detail.

The merely was that you were an occupant, you didn't have to be driving to be there.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493706 · Replies: 22 · Views: 293

The Rookie
Posted on: Yesterday, 14:33


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You should have sufficient information on the claim form to log on.

Acknowledge the claim, do NOT contest jurisdiction and right now DO NOT put anything in the defence box. You then have 33 days from date of issue to construct your defence which is not the work of five minutes.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493705 · Replies: 3 · Views: 83

The Rookie
Posted on: Yesterday, 13:49


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You merely state that an occupant of the vehicle has protected characteristics (if the condition is one....)

Are you definitely the registered keeper? You have the registration document?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493692 · Replies: 22 · Views: 293

The Rookie
Posted on: Yesterday, 12:44


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Turning 3 points into 3+ months....
http://forums.pepipoo.com/index.php?showtopic=120923
  Forum: Speeding and other Criminal Offences · Post Preview: #1493678 · Replies: 10 · Views: 479

The Rookie
Posted on: Yesterday, 09:44


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EDIT your post NOW, never give any indication of driver ID, you are 'the keeper', 'the driver' was driving.

If you are not the registered keeper then the Notice to Keeper timing isn't relevant, if its late it just helps drag out the 6 months within which they have to summons the driver for any alleged offence.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493624 · Replies: 2 · Views: 162

The Rookie
Posted on: Tue, 18 Jun 2019 - 17:12


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If you read the HC a pedestrian crossing the end of a road has priority over cars turning in or out who should give way.

If you use ‘Right of way’ as ‘right of passage’ as opposed to expressing some form of priority then the sentence makes sense but is also a self evident nullity.
  Forum: The Flame Pit · Post Preview: #1493502 · Replies: 21 · Views: 514

The Rookie
Posted on: Tue, 18 Jun 2019 - 15:19


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The article does explain itself
QUOTE
But she went on to find that Ms Brushett deserved a payout, saying Mr Hazeldean "owed a duty to other road users to drive with reasonable care and skill."

She said: "Even where a motorist or cyclist had the right of way, pedestrians who are established on the road have right of way.

"Mr Hazeldean did fall below the level to be expected of a reasonably competent cyclist in that he did proceed when the road was not completely clear."


As usual without the full facts its pretty much impossible to know if this was a reasonable finding based on the evidence or not, that said the bit in bold is somewhat contrary if the common usage of RoW is used as opposed to in the legal sense when the comment is irrelevant I think.
  Forum: The Flame Pit · Post Preview: #1493472 · Replies: 21 · Views: 514

The Rookie
Posted on: Tue, 18 Jun 2019 - 15:11


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I agree it would be hard to argue the initial request as unreasonable, what would be unreasonable would be to continue to process data once they know their (probably) reasonable assumption was wrong.

I'd be in favour of a straight keeper appeal stating Driver A used the car to enter between XX:XX and YY:YY and that they did not return, later Driver B used the car to enter between AA:AA and BB:BB which was not a second entry for them, as such there was no breach of the terms and no contractual sum is owed.

That the keeper cannot be liable as they are only liable for a charge owed by a single driver. Adding in any other PoFA failings. That now they know their reasonable assumption was wrong they must cease processing the data and cancel the charge.

The rejection and how it may twist itself into knots to try and justify chasing the keeper could be a great source of mirth.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1493466 · Replies: 13 · Views: 237

The Rookie
Posted on: Tue, 18 Jun 2019 - 13:10


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This needs to be in the council and decrim forum, I've asked a Mod' to move it for you.

Also a photo/scan of ALL the PCN is needed please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493415 · Replies: 7 · Views: 148

The Rookie
Posted on: Tue, 18 Jun 2019 - 13:04


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QUOTE (wwstwh @ Tue, 18 Jun 2019 - 13:08) *
I'm fairly sure I could advance my own EH case as well as a solicitor, but the thing from Patterson that really caught my attention was that she reckoned that direct negotiation with the CPS could get them to drop the 3pts this time in respect of the two-from-the-same-camera that I got last year, which - she claims - at least sometimes and in some parts of the country - will be folded into on offence.

They may well do at the camera team level, I've never heard of it once its going to court. No legal basis for it, not really any justification for it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1493411 · Replies: 57 · Views: 3,773

The Rookie
Posted on: Tue, 18 Jun 2019 - 13:02


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QUOTE (PEMU @ Tue, 18 Jun 2019 - 12:46) *
Edit:
Upload not working again so here's the text

Time to read the FAQ......

As for the reply, you'll just have to let them embarrass themselves in court.
  Forum: Speeding and other Criminal Offences · Post Preview: #1493410 · Replies: 46 · Views: 4,078

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