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Logician
Posted on: Fri, 14 Jun 2019 - 20:42


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The OP did say it was a motorway:
QUOTE
66mph in what was normally a 70mph motorway but apparently there were 50mph warning red lights above

QUOTE
We came from off the motorway on which we were heading north, then swapped and headed south, and then got back onto the same section of motorway heading north

  Forum: Speeding and other Criminal Offences · Post Preview: #1492585 · Replies: 13 · Views: 1,915

Logician
Posted on: Fri, 14 Jun 2019 - 13:34


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They would not indeed be prosecuted in the UK courts, but in the overseas court, and the function of the UK courts would be to collect any fine levied. It may not be followed through much yet, but this is the way the wind is blowing.
  Forum: Speeding and other Criminal Offences · Post Preview: #1492490 · Replies: 16 · Views: 1,095

Logician
Posted on: Thu, 13 Jun 2019 - 20:21


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If a person of evil intent was aware that someone was carrying a large amount of cash, perhaps having seen it change hands earlier, and wished to acquire it, he might well decide a convenient way of doing so would be to put on a hi-vis jacket and bring his vehicle to a halt by putting a cone in its path, and proceed to mug the driver. The OP was leaving the racecourse by his accustomed route and had no reason to believe that he would be brought to a halt. Concerned about being mugged, it is surely understandable that his first reaction was not to stop and open his window for a cosy chat, but rather to avoid a chat that might prove expensive and perhaps painful.
  Forum: Speeding and other Criminal Offences · Post Preview: #1492332 · Replies: 19 · Views: 1,209

Logician
Posted on: Thu, 13 Jun 2019 - 11:02


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Has he previously had a request to identify the driver?
What is the document actually called? If it is only a CoFP it can be ignored, but there is a type of all-encompassing document used in some areas, and if it includes a s.172 request then that must be responded to.
  Forum: Speeding and other Criminal Offences · Post Preview: #1492151 · Replies: 6 · Views: 569

Logician
Posted on: Wed, 12 Jun 2019 - 20:06


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QUOTE (andy_foster @ Wed, 12 Jun 2019 - 18:55) *
Where does he say it's 14 days from when they find out?


He doesn't, I misread it.

  Forum: Speeding and other Criminal Offences · Post Preview: #1492037 · Replies: 13 · Views: 974

Logician
Posted on: Wed, 12 Jun 2019 - 18:44


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QUOTE (Ocelot @ Wed, 12 Jun 2019 - 18:21) *
Indeed, it is either 14 days from the day following the date of the alleged offence (assuming a written NIP is required), or, if the Police weren't aware of of the incident at the time, the 14 day rule doesn't have to be followed.


Really? So, with the old type of speed camera, the police have 14 days from when they process the film - interesting!

  Forum: Speeding and other Criminal Offences · Post Preview: #1492019 · Replies: 13 · Views: 974

Logician
Posted on: Wed, 12 Jun 2019 - 14:50


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If you have technical arguments to present, or quote precedent and particularly if you wish to cross-examine witnesses, then a solicitor is worthwhile. If just wish to mitigate, that is to say your offence is not as serious as it might appear, or say why a totting disqualification would cause exceptional hardship to yourself or others, then it comes just as well or better from you. Magistrates like solicitors presenting cases because they know what they are doing and do not waste time on irrelevancies, generally speaking. If you tell us about your case, we might be able to advise better.
  Forum: Speeding and other Criminal Offences · Post Preview: #1491943 · Replies: 57 · Views: 3,698

Logician
Posted on: Wed, 12 Jun 2019 - 11:28


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So this was while you were still on the racecourse, and for this meeting the usual traffic flow had been changed, there was a sign of sorts, not the type of sign seen on the road, and anyway it was obscured by cones, so presumably at a low level, and you did not notice it. On guard because you were carrying a large amount of cash (you must be a bookie, not a punter!) when someone ran out to stop you for no reason you were aware of, you tried to drive round him before eventually realising your mistake.

The traffic marshals on the other hand thought you were deliberating driving the wrong way, perhaps because it was shorter, and refusing to stop driving in that direction when indicated to do so, presenting a danger to oncoming traffic.

I think if you present a case like that to the police they will very likely decide not to take any further action.
  Forum: Speeding and other Criminal Offences · Post Preview: #1491885 · Replies: 19 · Views: 1,209

Logician
Posted on: Wed, 12 Jun 2019 - 10:48


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QUOTE
I was leaving an event and misconstrued the signs. I ended up driving the wrong way up a one way street


QUOTE
I was driving the normal correct way for turning right.


Please reconcile these statements, do you mean it was usually the route but had been changed on this occasion?
  Forum: Speeding and other Criminal Offences · Post Preview: #1491868 · Replies: 19 · Views: 1,209

Logician
Posted on: Wed, 12 Jun 2019 - 10:43


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QUOTE (hiney @ Wed, 12 Jun 2019 - 09:16) *
They took my ID Im seeing an old post on here, saying the fine should be 20£ as that was set by government and local councils cant change that and the fine is too high etc, anyone know anything about this?


From the link given by the Rookie:


How are they enforced?
Failure to comply with a PSPO is an offence which could result in a fine of up to £1,000 in a magistrates court. Police and council officers, and officers authorised by the council, can enforce the conditions of PSPOs and can issue fixed penalty notices of £80 for non-compliance.

  Forum: Speeding and other Criminal Offences · Post Preview: #1491865 · Replies: 21 · Views: 1,675

Logician
Posted on: Wed, 12 Jun 2019 - 10:40


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Assuming you are the registered keeper, you cannot be convicted of the offence since you did not receive the NIP within 14 days, but if you pursue that defence, you face the evidential burden of persuading the court you did not receive the NIP, of course the prosecution will be able to prove they posted it, it is assumed delivered unless you can prove it was not, and proving a negative like that is always a considerable difficulty. If you try and fail, the penalties will be much greater than if you were pleading guilty. Faced with this dilemma, unless you believe you have unusually great persuasive powers, the pragmatic thing is not to take that point. Regardless of the 14 day rule, you must anyway identify the driver.

I would telephone the office and request a new PIN if you want to view the picture.
  Forum: Speeding and other Criminal Offences · Post Preview: #1491864 · Replies: 1 · Views: 195

Logician
Posted on: Mon, 10 Jun 2019 - 18:06


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QUOTE (Ryu @ Mon, 10 Jun 2019 - 15:18) *
QUOTE (andy_foster @ Mon, 10 Jun 2019 - 14:36) *
Rather general advice is that if you are not planning to return to the country in question you can probably safely ignore it, but if you are planning to return, ignoring could end up quite badly. As you are Spanish, it seems likely that you would fall into the second camp. Other than our general advice, it is your decision.
I guess, I'll end up paying the fine to avoid any future problems. Many thanks all.


I think that is wise, it was reported today that there has been a surge in motorist pursued in the UK for offences on the Continent, in 2014 there were 138 requests for details of UK motorists, in 2017 1903 such requests, even though the UK signed agreements to make that easier only in mid-2017.

  Forum: Speeding and other Criminal Offences · Post Preview: #1491400 · Replies: 16 · Views: 1,095

Logician
Posted on: Sun, 9 Jun 2019 - 19:27


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QUOTE (afraid @ Sun, 9 Jun 2019 - 16:31) *
Yes I think it's very likely we will get a fine , I worry as well as mot had run out as well as tax , I'm very confused ! Like you say there is no way we can prove it wasn't on the road even if they came to see it and saw its unroadworthy it's a time thing , thanks


As I say, you do not have to prove it was not on the road, the police have to prove it was on the road, and since it was not, they are not going to do that. Try to stop fretting about this!

  Forum: Speeding and other Criminal Offences · Post Preview: #1491035 · Replies: 12 · Views: 611

Logician
Posted on: Sun, 9 Jun 2019 - 16:14


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QUOTE (afraid @ Sun, 9 Jun 2019 - 14:32) *
Thankyou , no we have had no reminders previous fines etc , will wait and see what happens now , it's defiantly not been used but we have no way of proving it for sure , rightly or wrongly on a moment of panic Friday I did call the dvla who said no fines had been sent re the car, we have sorn it succesfully now so will wait and live and learn


If it had been used on the road it would be a more serious offence, but the prosecution would have to prove that, you do not have to prove that it was not on the road.

For a while now every car has to be taxed continuously, whether on the road or not, unless it is exempt, the most usual reason for exemption is that it is on SORN. In simple terms, every car now has to be taxed or SORNed, and DVLA check that from their records. If it is not on SORN or taxed, the DVLA send out a penalty, but it is not as serious as using the car on the road with no tax.

  Forum: Speeding and other Criminal Offences · Post Preview: #1490979 · Replies: 12 · Views: 611

Logician
Posted on: Sun, 9 Jun 2019 - 11:56


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As the vehicle has not been seen on the road, I think your husband will have to pay the appropriate rate of road tax from when it ran out to when the car was SORNed, plus a late licensing penalty of £80 reduced to £40 if paid within 28 days.

Unlicensed vehicles like this should be picked up by the DVLA from their records, and a penalty notice sent out. You had better check with your husband that he has not received a penalty notice like that and ignored it. If the penalty is unpaid, it is referred to a debt collection agency.
  Forum: Speeding and other Criminal Offences · Post Preview: #1490913 · Replies: 12 · Views: 611

Logician
Posted on: Sat, 8 Jun 2019 - 23:49


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Thanks for letting us know the outcome, that is always helpful.
  Forum: Speeding and other Criminal Offences · Post Preview: #1490861 · Replies: 59 · Views: 5,611

Logician
Posted on: Sat, 8 Jun 2019 - 17:04


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QUOTE (PASTMYBEST @ Sat, 8 Jun 2019 - 07:15) *
QUOTE (Logician @ Sat, 8 Jun 2019 - 00:24) *
While it is possible to find some slight ambiguity in the signage, I think it is 95% clear that the instruction to traffic is simply to turn left. To do a 90 left followed immediately by a 90 right would be a very artificial manoeuvre to get into Church Road, normally you would drive ahead, bearing very slightly left. If you look across the road to the advanced traffic light, which also carries a turn left instruction, HERE it becomes quite clear that the OP's manoeuvre is prohibited. It does not of course matter how many times the OP and others have performed it.
Reconcile the must proceed left sign, in the link you post with this https://www.google.com/maps/@51.4643204,-0....6384!8i8192


Sorry, but I do not understand the point you are making here. This seems to be simply a car waiting to turn left from the A507 into Church Road, a lawful manoeuvre.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1490793 · Replies: 25 · Views: 1,048

Logician
Posted on: Fri, 7 Jun 2019 - 23:29


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And HERE it is.
  Forum: Speeding and other Criminal Offences · Post Preview: #1490668 · Replies: 17 · Views: 892

Logician
Posted on: Fri, 7 Jun 2019 - 23:24


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While it is possible to find some slight ambiguity in the signage, I think it is 95% clear that the instruction to traffic is simply to turn left. To do a 90 left followed immediately by a 90 right would be a very artificial manoeuvre to get into Church Road, normally you would drive ahead, bearing very slightly left. If you look across the road to the advanced traffic light, which also carries a turn left instruction, HERE it becomes quite clear that the OP's manoeuvre is prohibited. It does not of course matter how many times the OP and others have performed it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1490666 · Replies: 25 · Views: 1,048

Logician
Posted on: Fri, 7 Jun 2019 - 11:20


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+1
Courses seem to be offered quite quickly and you can get it booked to suit you.
  Forum: Speeding and other Criminal Offences · Post Preview: #1490560 · Replies: 2 · Views: 285

Logician
Posted on: Fri, 7 Jun 2019 - 11:18


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You cannot be prosecuted here for a driving offence in Spain, there are some arrangements for collecting in the UK fines levied elsewhere, but these seem to be somewhat haphazard. If you are driving here on a Spanish licence whether anything can be done on your licence I do not know. Presumably you will be visiting Spain in the future, and I would be wary of incurring unpaid fines there, but I do not know what could actually happen.
  Forum: Speeding and other Criminal Offences · Post Preview: #1490559 · Replies: 16 · Views: 1,095

Logician
Posted on: Fri, 7 Jun 2019 - 10:58


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QUOTE (Ryu @ Fri, 7 Jun 2019 - 10:47) *
QUOTE (666 @ Fri, 7 Jun 2019 - 11:37) *
It is standard practice for hire companies to levy an "administration charge" for passing your details to the authorities. I would be amazed if Europcar's Ts and Cs (which you must have signed) did not give them that right. This is entirely separate and in addition to the 100 euro penalty.
Thanks. As you say, I'm sure it's part of their Ts and Cs. I'm just considering my options. Would it be a good idea to ask my bank to deny the transaction? Would that cause me troubles in the future with Europcar or other car rental companies? Cheers


I doubt whether your bank would agree to do that, and it would undoubtedly cause you trouble with Europcar, no idea about other hire companies but it would be no surprise if they do have a joint black list of defaulting hirers.

If you do try it, which I do not recommend, do please let us know the outcome as others find themselves in the same position.



  Forum: Speeding and other Criminal Offences · Post Preview: #1490551 · Replies: 16 · Views: 1,095

Logician
Posted on: Fri, 7 Jun 2019 - 10:53


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QUOTE (Lamboguy @ Fri, 7 Jun 2019 - 08:14) *
QUOTE (The Rookie @ Fri, 7 Jun 2019 - 04:06) *
QUOTE (Lamboguy @ Thu, 6 Jun 2019 - 20:10) *
I received a fixed penalty number letter today
No you didn't, whatever you got it wasn't that, which perhaps calls into question your ability to recall whatever the officer said at the time. The ACPO guideline related to the safety of the officer performing the checks......
The letter I received quoted a FIXED PENALTY NUMBER and date of OFFENCE I have not received a NIP or anything like that, I have not been issued with a NIP or A FPN.


You did not need to be issued with a NIP since you were warned by the officer at the time that you would be considered for prosecution. What you received, whatever it called itself, was information that the offence was not appropriate for a fixed penalty, presumably because the speed was above the level at which a fixed penalty is given, so the offence will be dealt with by a court. That does not need you have to attend, proved you plead guilty it can all be done by post. If the speed is indeed 96 in a 70 limit, the guideline suggests 5 points and a fine equivalent to your net weekly income, less 33% discount for a guilty plea, plus 10% surcharge (min. £30), plus £85 costs.

Do not kid yourself there is some easy way to make this go away, there isn't.

  Forum: Speeding and other Criminal Offences · Post Preview: #1490548 · Replies: 17 · Views: 892

Logician
Posted on: Thu, 6 Jun 2019 - 23:13


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QUOTE (Lamboguy @ Thu, 6 Jun 2019 - 20:31) *
The operator must be clearly visible to the public and the target vehicle throughout the check. This is a quote from ACPO Traffic Enforcement Guidelines


Guidelines from 1993, issued by an organisation that no longer exists in respect of technology that is no longer used, were only ever guidelines and failure by the police to follow them would never have been an effective defence, so do not get your hopes up that it will be 26 years later.

QUOTE
The officer at the time also did not state that I might be prosecuted he stated it would be 3 points and a fine so why the letter stating court proceedings?


Either the officer did not know the cut-off point for a fixed penalty or more likely he was minimising the likely consequences in the interests of avoiding a roadside confrontation, we have seen this many times.

  Forum: Speeding and other Criminal Offences · Post Preview: #1490482 · Replies: 17 · Views: 892

Logician
Posted on: Thu, 6 Jun 2019 - 13:42


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I suggest you do a postal re-direction from the address you have left to someone trustworthy like your parents. Other items might also come through, you simply cannot tell in advance. Ask your parents to open everything, and deal with it or tell you. If this NIP arrives, tell them to return the reply form to the police with the information that you are out of the country and not expected to return for xx years, and as you are travelling can be contacted by phone but not post. As of now you have heard nothing officially from the police, you just happen to have heard from your former employers informally.

When my son went travelling, a NIP for careless driving arrived for him (he had hit a lamp post, no one else involved) I replied in the terms I suggest, and the police simply dropped the matter.
  Forum: Speeding and other Criminal Offences · Post Preview: #1490351 · Replies: 14 · Views: 984

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