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andy_foster
Posted on: Mon, 15 Oct 2018 - 19:23


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I have ridden with a number of police motorcyclists, and from what I have seen of their riding, I would say that Mr Head Cam is not a police motorcyclist. A police occifer who also happens to ride motorcycles poorly in his spare time, seems vaguely possible, but I have doubts.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425522 · Replies: 40 · Views: 2,608

andy_foster
Posted on: Sun, 14 Oct 2018 - 14:38


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Strangely enough, most of us know what a blank page looks like without having to see a picture.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425101 · Replies: 20 · Views: 939

andy_foster
Posted on: Sun, 14 Oct 2018 - 13:57


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Presumably you are looking for a 'NIP not served on the driver or RK within 14 days' defence? The problem with that is that there is an exemption to the 14 day rule where "the accused by his own conduct contributed to the failure" - so asking your neighbour to return it rather than simply handing it to you would almost certainly satisfy that.

If you can afford £10k a day for the services of Nick Freeman, he might be able to argue that a notice delivered by the Royal Mail to the wrong address and subsequently delivered by the occupant to the correct address is not good service, but I doubt it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425096 · Replies: 5 · Views: 541

andy_foster
Posted on: Sat, 13 Oct 2018 - 18:59


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You have an 'incomplete' notice that may or may not constitute a legal requirement to provide information. We cannot see your notice and cannot determine what if anything you are legally obliged to do.
  Forum: Speeding and other Criminal Offences · Post Preview: #1424945 · Replies: 20 · Views: 939

andy_foster
Posted on: Thu, 11 Oct 2018 - 18:54


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A reputation facility is not a panacea, and can be counter-productive.

The site is effectively a loose affiliation of posters, some more regular than others, some more knowledgeable than others, and some more inclined to tell posters to 'roll over' than others. Those that run the site have decided that it is not appropriate to be seen to be specifically endorsing advice given by particular posters - free advice does not come with any kind of warranty.

If, as has been suggested, there is an informal clique of sanctimonious naysayers, it would seem pretty safe to assume that they would give each other a great rep.
  Forum: The Flame Pit · Post Preview: #1424319 · Replies: 78 · Views: 2,387

andy_foster
Posted on: Tue, 9 Oct 2018 - 20:08


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QUOTE (Jlc @ Tue, 9 Oct 2018 - 20:47) *
Regardless, the driver nomination needs completing as failing to do so is a separate offence.


Do try to keep up at the back...

QUOTE (Jcar @ Tue, 9 Oct 2018 - 02:34) *
I decided to fill the section A and signed as the driver at the time of the alleged offence of exceed a 20mph speed limit in contravention of a local traffic order-automatic camera device, speed 32mph. A week later they send me a Conditional Offer of a fixed penalty 100 and 3points on my licence



  Forum: Speeding and other Criminal Offences · Post Preview: #1423645 · Replies: 19 · Views: 629

andy_foster
Posted on: Mon, 8 Oct 2018 - 19:10


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I can only assume that the guy who reported the non-incident was in a bad mood because his mum had spilled his coco-pops over his best "Polite" vest.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423387 · Replies: 40 · Views: 2,608

andy_foster
Posted on: Sun, 7 Oct 2018 - 18:33


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QUOTE (cp8759 @ Sun, 7 Oct 2018 - 10:46) *
It's worth adding that most police forces will not prosecute such an incident unless there are at least two witnesses independent of each other, dashcam footage, or relevant admissions in interview.


Although many forces seem to be of the opinion that the accused would benefit from attending a course, as an alternative to the prosecution that they are unlikely to instigate.
  Forum: Speeding and other Criminal Offences · Post Preview: #1423126 · Replies: 5 · Views: 693

andy_foster
Posted on: Sat, 6 Oct 2018 - 16:45


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  Forum: Speeding and other Criminal Offences · Post Preview: #1422855 · Replies: 36 · Views: 1,343

andy_foster
Posted on: Sat, 6 Oct 2018 - 15:26


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QUOTE (ovb @ Sat, 6 Oct 2018 - 16:21) *
And the punishment will be?


Deportation to Midvale.
  Forum: Speeding and other Criminal Offences · Post Preview: #1422838 · Replies: 36 · Views: 1,343

andy_foster
Posted on: Sat, 6 Oct 2018 - 14:36


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QUOTE (Billietyler @ Thu, 4 Oct 2018 - 21:59) *
Asking for a friend


You still seem to be struggling with the who "one case, one thread" thing.
  Forum: Speeding and other Criminal Offences · Post Preview: #1422826 · Replies: 36 · Views: 1,412

andy_foster
Posted on: Sat, 6 Oct 2018 - 14:30


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QUOTE (666 @ Sat, 6 Oct 2018 - 14:33) *
You say YOU sent the form. Has your wife competed and signed it?


This matters how? (Unless the OP has completed the form and then subsequently declines to complete his own form on the misguided notion that he has already complied with his requirement).
  Forum: Speeding and other Criminal Offences · Post Preview: #1422824 · Replies: 36 · Views: 1,343

andy_foster
Posted on: Sat, 6 Oct 2018 - 12:50


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Should have offered him a coffee in a suitable mug...
  Forum: Speeding and other Criminal Offences · Post Preview: #1422808 · Replies: 36 · Views: 1,343

andy_foster
Posted on: Sat, 6 Oct 2018 - 12:31


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QUOTE (ovb @ Sat, 6 Oct 2018 - 10:49) *
Really?


No I just made it up because I'm like that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1422802 · Replies: 36 · Views: 1,343

andy_foster
Posted on: Sat, 6 Oct 2018 - 09:22


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Fixed penalty - £100 and 3 points
  Forum: Speeding and other Criminal Offences · Post Preview: #1422747 · Replies: 36 · Views: 1,343

andy_foster
Posted on: Sat, 6 Oct 2018 - 09:01


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There might be an exception to the 14 day rule - s. 2(3)(a) RTOA 1988. However, if the other driver waited until the 14 days expired before submitting the footage/making a complaint, leaving it impossible for the police to serve a NIP within the 14 days, I would argue that the language of the statute does not limit the reasonable diligence to the police. However, as they have no evidence of the driver's identity, whether or not a NIP was required would seem to be somewhat moot.

QUOTE
(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or


Unless there is more that the OP has not told us, the red light allegation would seem to have no legs. The potential problem might be the s. 172 requirement - although mysteriously not also charged in this summons, the 6 months to instigate proceedings would run from 14th August.

  Forum: Speeding and other Criminal Offences · Post Preview: #1422741 · Replies: 11 · Views: 716

andy_foster
Posted on: Sat, 6 Oct 2018 - 00:56


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What offence(s) have you been charged with?
  Forum: Speeding and other Criminal Offences · Post Preview: #1422719 · Replies: 11 · Views: 716

andy_foster
Posted on: Fri, 5 Oct 2018 - 19:06


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For those that didn't get the reference, 88mph was the trigger speed for time travel in "Back to the Future".
For those that read the thread hoping to see something that they might give a flying f*** about - bad luck.
  Forum: The Flame Pit · Post Preview: #1422651 · Replies: 16 · Views: 607

andy_foster
Posted on: Mon, 1 Oct 2018 - 22:54


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QUOTE (Churchmouse @ Mon, 1 Oct 2018 - 23:07) *
The NIP must still be responded to (with a signature in E&W), so she has probably committed FtF by now anyway. Bit of an own goal, really...


Technically, it is the s. 172 requirement (not the NIP), that must be complied with (not merely responded to). The OP has done this (insofar as denying that her vehicle was involved in the alleged offence complies with the requirement).

There is no overarching requirement to sign the response, but [the substance of] any reasonable requirement as to the manner in which the information should be provided must be complied with.
If the OP was the driver, and admitted such, then any requirement to provide the response in writing on paper and to be signed by the OP would enable the response to be admissible as evidence of the driver's identity under s. 12(1) RTOA 1988, and would therefore constitute a reasonable requirement, as opposed to a mere whim. In this case, not so much.

The OP could potentially face difficulty with the [original] 28 day limit, but the police allowing her extra time would probably negate that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1421417 · Replies: 28 · Views: 2,563

andy_foster
Posted on: Sun, 30 Sep 2018 - 16:09


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Doesn't stop the next f*******
  Forum: Website Design · Post Preview: #1421070 · Replies: 3 · Views: 173

andy_foster
Posted on: Sun, 30 Sep 2018 - 09:43


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Could/should we have a facility to report PMs (other than by PMing Fredd)?

One of my many pet peeves on forums such as this is users sending PMs to users (such as myself) who have no connection to their case or thread (and in many cases without even starting a thread for their case) hoping to get free one to one advice.

For those that don't know, the way that a forum such as this works is that somebody who has a problem/question/whatever posts in the appropriate sub-forum (well, we can dream), and those who have the time ability and inclination to help do so. That help is then there not just for the OP, but for anyone else looking for help with a similar issue, and can help to educate those that would like to help but didn't know the answer. It also enables those that would otherwise offer advice wasting their time replicating others' work if/when the question is answered.

Today, I received an unsolicited PM from someone calling themselves "Fatty_Pattie". Chances are than anyone else who was logged in at the time would also have received similar. This person started off by apologising for PMing me, proceeded to explain in a roundabout way that they were having trouble finding some kind of unspecified parking appeal template (templates are the work of the devil, and even if I was minded to help, my psychic abilities have been somewhat lacking recently), and asked if I could help.

Having responded as politely as I could force myself to be, by pointing out that "sorry is as sorry does", and offering some common sense advice on the problem described by the OP's username (eat less and exercise more), I received a response which was redacted by the swear filter.
  Forum: Website Design · Post Preview: #1420975 · Replies: 3 · Views: 173

andy_foster
Posted on: Thu, 27 Sep 2018 - 19:36


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QUOTE (Cardriver. @ Thu, 27 Sep 2018 - 20:21) *
Don't u agree?


Dunno. Try breathing and composing a calm and easily readable version of events. I'm also not entirely sure what criminal offence you've been charged with.
  Forum: The Flame Pit · Post Preview: #1420277 · Replies: 13 · Views: 862

andy_foster
Posted on: Thu, 27 Sep 2018 - 19:24


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QUOTE (Redivi @ Thu, 27 Sep 2018 - 18:58) *
The Road Traffic Offenders Act 1988 Section 1A says that it must be physically delivered to him, left at his last known address or sent by First Class, Recorded Delivery or Registered Post


No it doesn't.
However, that may or may not be the effect of what it actually says.
  Forum: The Flame Pit · Post Preview: #1420270 · Replies: 95 · Views: 4,747

andy_foster
Posted on: Mon, 24 Sep 2018 - 19:33


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Is there a statement from a CTO tubby stating what was sent, etc.?
  Forum: Speeding and other Criminal Offences · Post Preview: #1419362 · Replies: 36 · Views: 1,472

andy_foster
Posted on: Mon, 24 Sep 2018 - 06:01


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QUOTE (NewJudge @ Sun, 23 Sep 2018 - 23:08) *
Do they? What makes you say that? The benefit of any doubt the court may have must go to the defendant, of course.


In my experience, lay benches tend to take their responsibilities seriously and apply the law (or at least what they understand or are directed that the law is). Legal advisors and district judges tend to be more prone to being hell bent not to let the person 'wot dun it' to get off on some minor technicality regardless of the law.
  Forum: Speeding and other Criminal Offences · Post Preview: #1419121 · Replies: 67 · Views: 3,921

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