PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

1469 Pages V   1 2 3 > » 

The Rookie
Posted on: Today, 11:05


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


The annual calibration isn’t really, mostly it’s a check and the device is within limits and no actual calibration is needed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376156 · Replies: 16 · Views: 107

The Rookie
Posted on: Today, 06:07


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


The form hasn’t been changed since they used to be considered. Now only ‘exceptional’ other factors should be taken into account.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376113 · Replies: 19 · Views: 814

The Rookie
Posted on: Yesterday, 20:45


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


What stage are you at? Normally a fixed penalty would be offered for that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376070 · Replies: 6 · Views: 230

The Rookie
Posted on: Yesterday, 19:55


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


If it has a repeater then it sounds like it’s a 20limit, the fact the entry sign erroneously says zone I can’t see helping you.

The offence is exceeding the speed limit, where on the road were you when the police recorded your speed, if it was before where any calming or repeater should be it’s hard to see the limit wasn’t adequately conveyed as required by the new 2016 regulations.

If you plead not guilty and loose it’s going to cost you at least an extra £535 in costs, plus you lose the discount on the fine.

Your ‘mitigation’ isn’t at all relevant, besides mitigation is used to reduce the sentence with a guilty plea, it has no place when defending a not guilty plea.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376054 · Replies: 6 · Views: 230

The Rookie
Posted on: Yesterday, 19:14


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Proceedings have to be started within 6 months of the alleged offence, it may take a few weeks then for you to be made aware of the proceedings.

And they usually use that full 6 months.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376042 · Replies: 47 · Views: 3,806

The Rookie
Posted on: Yesterday, 16:27


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


As you almost certainly don’t have a bus lane fine can you tell us what you have?

It will likely either be a police fixed penalty notice which is criminal and you are in the right forum, or a council penalty charge notice which is decriminalised and should be in the council forum.

Is this a bus lane or a road only for busses and therefore a bus gate?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376009 · Replies: 3 · Views: 45

The Rookie
Posted on: Yesterday, 12:11


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


QUOTE (Jlc @ Fri, 20 Apr 2018 - 12:41) *
6 points is likely but a short ban (1-2 months) will be considered.

To be honest, at that speed, I think its the other way round and that a short ban is more likely.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375919 · Replies: 7 · Views: 387

The Rookie
Posted on: Yesterday, 11:26


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Alleged speed and limit?
  Forum: Speeding and other Criminal Offences · Post Preview: #1375895 · Replies: 2 · Views: 288

The Rookie
Posted on: Yesterday, 10:43


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


It may be worth £300, but if you buy a £300 its not uncommon to have top spend out £150-300 to get it 'right', this way you have a known quantity.

If you do repair, do so with the mental mindset that you WILL keep the car to 2021 and it will almost certainly work out cheaper than buying a 'new' £300 car and keeping it those 3 years.
  Forum: The Flame Pit · Post Preview: #1375869 · Replies: 9 · Views: 198

The Rookie
Posted on: Yesterday, 10:26


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


I would always use post, first class and free proof of posting from a post office.

Its worth reading the pre-action protocols and trying to second guess what they will request of you and supplying that now.

Redcorn had to be acting as someone's agent, council or DVLA logically, you should include them as co-defendant as well and claim jointly, they are much more likely to get Redcorn to settle without the need for court than you are by yourself. They are as liable for Redcorn's actions as Redcorn themselves.

A Friend of a friend had a car damaged in a similar situation, the Police (who ordered the recovery) paid out with very little fight and he was told 'off the record' that the recovery agent WOULD be reimbursing the Police in full.
  Forum: The Flame Pit · Post Preview: #1375860 · Replies: 17 · Views: 496

The Rookie
Posted on: Yesterday, 09:32


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


You can't 'appeal' the speeding case, what you need is a defence in court, its rare for the Police to drop cases where any sort of appeal for clemency is made and they will send it to court to decide your guilt or otherwise.

If they were that easy to contest as you seem to want, no-one would ever be convicted, unlike PCN where procedural errors often result in the PCNs being overturned, as this is a criminal offence that rarely is an issue, the court will only consider if you are guilty or not.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375849 · Replies: 7 · Views: 386

The Rookie
Posted on: Yesterday, 09:27


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


No, that's pretty damn expensive.

In my opinion unless you are likely to fall apart completely its money poorly spent, you'll get decent advice on here on what will and will not help you with your EH plea and seem quite capable of presenting it yourself.

Mitigation (of this one offence) is irrelevant as the minimum penalty, which you are sure to get, is 3 points. When the court consider an EH plea strictly speaking the details of the offences that caused you to have 12+ points are irrelevant, what matters if the plea itself. You need to work out all the hardship that will be suffered by you or others (including nameless employees at the company you work 'at' if they will not find a suitable replacement, cross of those that are not exceptional and create an argument around the others. A letter from the company you are working 'at' can help.

Data suggests that circa 25% of totters present a successful EH plea (there is no data splitting the other 75% into unsuccessful or no EH plea), so all is not lost.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375848 · Replies: 19 · Views: 814

The Rookie
Posted on: Yesterday, 06:27


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Far too big for a defence, you only need here to state your defence points not to elaborate on them and justify them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375804 · Replies: 6 · Views: 93

The Rookie
Posted on: Yesterday, 06:22


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


The keeper is now out of the loop, once the drivers details are provided the keeper has no liability.

Of course you can appeal, you would need to convince POPLA that the signage wasn’t adequate by not complying the the BPA code of practice, you would also have the other normal argument of standing and then whether the signage actually created a contract.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375803 · Replies: 2 · Views: 95

The Rookie
Posted on: Yesterday, 06:17


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


I wouldn’t reply, it looks like an automated template, wait for the response to your request.
  Forum: The Flame Pit · Post Preview: #1375801 · Replies: 98 · Views: 7,535

The Rookie
Posted on: Yesterday, 06:05


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


I think it would depend on the circumstances, if the car park was massively oversold such that someone with a later arrival time could quite literally never get a space there would be an argument, if it happened once every few weeks then not.
It would be worth looking at preotections offered by the CRA, also you have the unfair terms and conditions aspect.
  Forum: The Flame Pit · Post Preview: #1375799 · Replies: 7 · Views: 211

The Rookie
Posted on: Thu, 19 Apr 2018 - 14:51


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


£75, £25 for the claim and £50 legal fees, to claim any more they would have to show the defendant had been unreasonable.
  Forum: The Flame Pit · Post Preview: #1375658 · Replies: 98 · Views: 7,535

The Rookie
Posted on: Thu, 19 Apr 2018 - 11:51


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


As you can’t present your case before a single justice (he works with just a legal advisor in an office) asking for a hearing to present an EH case could only ever result in what you now have.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375588 · Replies: 83 · Views: 6,978

The Rookie
Posted on: Thu, 19 Apr 2018 - 03:18


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


But an FOI is not the right instrument for a TRO, in fact they can just reject the FOI request.
  Forum: The Flame Pit · Post Preview: #1375537 · Replies: 28 · Views: 408

The Rookie
Posted on: Wed, 18 Apr 2018 - 19:20


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Why take out signage, you should have stated it didn’t comply with the CoP and the onus was then on them to prove it did.

Why did you rush into sending the appeal, would be much better to share it for a review first.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375484 · Replies: 12 · Views: 271

The Rookie
Posted on: Wed, 18 Apr 2018 - 19:05


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Assuming the facts and basis for the claim are as reported, I’m fairly confident we don’t have all the relevant information as PE, while being the most litigious, are also the most structured and I don’t recall seeing any from them where the alleged time was within the mandated grace period (may have been 1s outside it which would be very defendable in court of course).
  Forum: The Flame Pit · Post Preview: #1375476 · Replies: 11 · Views: 379

The Rookie
Posted on: Wed, 18 Apr 2018 - 17:06


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Piling stupidity upon stupidity by the sounds of it, would have been far better to learn their lesson after they had to pay the bailiffs. Deciding to sue bailiffs never sounds a good idea!

I don’t think I’ll retain either for any legal work!
  Forum: News / Press Articles · Post Preview: #1375428 · Replies: 15 · Views: 428

The Rookie
Posted on: Wed, 18 Apr 2018 - 13:42


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


POPLA are good n PoFA non compliance.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375356 · Replies: 37 · Views: 1,284

The Rookie
Posted on: Wed, 18 Apr 2018 - 13:08


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Use ‘a frustration of contract’ after the beyond their control.

You’ve also failed to point out that the driver who entered any contract, driver1 broke the terms (if any applied) as the person who should have removed the car on time failed to do so and that was outside the control of driver 1.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1375347 · Replies: 5 · Views: 154

The Rookie
Posted on: Wed, 18 Apr 2018 - 09:28


Member


Group: Members
Posts: 38,067
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317


Because people do get refunds when cases are dropped, the risk is adjusted on the basis they will get found ‘at fault’ and insurance companies do refund if it doesn’t happen.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375278 · Replies: 46 · Views: 6,936

1469 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Saturday, 21st April 2018 - 13:13
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.