PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

1129 Pages V   1 2 3 > » 

southpaw82
Posted on: Today, 16:20


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (seank @ Tue, 21 May 2019 - 16:32) *
A chap with no life apart from mega-posting throughout the day and night choosing to call someone a buffoon.
From your previous posts, I'm pleased that your spelling is at least up to the mark. This time.

Ad hominems don’t really help you.
  Forum: The Flame Pit · Post Preview: #1486851 · Replies: 68 · Views: 1,467

southpaw82
Posted on: Yesterday, 11:52


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (The Rookie @ Mon, 20 May 2019 - 12:06) *
QUOTE (IanJohnsonWS14 @ Mon, 20 May 2019 - 09:59) *
Usually the second constable provides the corroboration of what the first says you said.

No, not true.

two people confirming the same source doesn't corroborate that source/

Doesn’t that depend on what you’re trying to corroborate? If you’re trying to corroborate who made the statement and what that statement was it seems to do the job.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486507 · Replies: 32 · Views: 2,900

southpaw82
Posted on: Sun, 19 May 2019 - 20:19


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (ardll @ Sun, 19 May 2019 - 21:10) *
would the best way forward to just get Excel to do a set aside by consent if I agree to pay them the money?

It depends what your objective is. Do you want to just repair your credit record and move on or do you want to fight the claim?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486370 · Replies: 9 · Views: 217

southpaw82
Posted on: Sun, 19 May 2019 - 20:03


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


Defence. We’re not American.

Bear in mind that if you choose to use a template then (a) it has to fit your circumstances - and has to be true and (b) it is almost certainly going to contain a lot of irrelevant guff that has no place in a defence.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486365 · Replies: 4 · Views: 69

southpaw82
Posted on: Sun, 19 May 2019 - 20:01


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (ardll @ Sun, 19 May 2019 - 20:33) *
are you saying here I can fill the n244 form in now go to the court then even if I lose still pay what they say I owe and it'll be removed from my credit record?

If you’re successful in getting the current judgment set aside, yes. An entry is only made on your credit record of a judgment isn’t paid within a month. And it’s more than just filling in an N244, by the way.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486361 · Replies: 9 · Views: 217

southpaw82
Posted on: Sun, 19 May 2019 - 16:08


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


The prosecution would have to prove that it was issued in time. An expensive gamble for a defendant.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486295 · Replies: 14 · Views: 606

southpaw82
Posted on: Sun, 19 May 2019 - 13:02


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


However, an email from the agent saying “you’re insured” doesn’t.
  Forum: The Flame Pit · Post Preview: #1486256 · Replies: 11 · Views: 529

southpaw82
Posted on: Sun, 19 May 2019 - 13:01


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


If you have a conditional offer of a fixed penalty then Rookie’s advice is erroneous in that you don’t have to send off the FPN (because you don’t have one) and if you do nothing it in encumbent upon the police to prosecute you if they wish. Presumably you don’t want to be prosecuted so it would be best to show them in advance why a prosecution would not succeed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486255 · Replies: 50 · Views: 3,558

southpaw82
Posted on: Sun, 19 May 2019 - 11:16


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (DancingDad @ Sun, 19 May 2019 - 10:49) *
When you insure, ask the agent to confirm by email or if you've done it online, keep the confirmation handy.

Or just comply with the provisions I cited above.
  Forum: The Flame Pit · Post Preview: #1486239 · Replies: 11 · Views: 529

southpaw82
Posted on: Sun, 19 May 2019 - 11:14


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (seank @ Sun, 19 May 2019 - 08:16) *
There is no such blanket exemption and the actions of the engine driver were illegal.
I haven't found anything which says the driver could ignore a no-entry ie no left turn sign. Quite the opposite.
Almost every instructional website for emergency vehicle drivers clearly says that what this driver did was not allowed.
Here's an example:
https://drivetribe.com/p/can-emergency-vehi...sRJCFuaE3IaA7TQ
LAWS WHICH EMERGENCY VEHICLE DRIVERS CAN NOT IGNORE
Emergency vehicle drivers, however, are meant to avoid doing the following, even in an emergency:

· Ignore ‘stop’ or ‘give way’ signs.

· Ignore ‘no entry’ signs.

· Drive through a one-way street in the wrong direction.

· Ignore flashing signs at level crossings or fire stations.

· Cross a solid white line down the middle of the road. That is unless, like for other road users, it is done to pass a stationary vehicle, slow moving cyclist or horse, or a road maintenance vehicle.

Drivers of emergency vehicles may need to ignore other kinds of road signs and regulations, but this depends on the professional judgement of the driver.

If memory serves, it was a no left turn sign, not a no entry sign. A no left turn sign can only be placed to give effect to a traffic order. Without reading that order you can’t say whether the driver of the fire engine contravened the order as you don’t know what exemptions were in place.
  Forum: The Flame Pit · Post Preview: #1486238 · Replies: 68 · Views: 1,467

southpaw82
Posted on: Sun, 19 May 2019 - 00:30


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (drizzy19 @ Sun, 19 May 2019 - 00:10) *
QUOTE (southpaw82 @ Sat, 18 May 2019 - 17:11) *
What date was it issued?


Dates are in the original post smile.gif

The date of issue isn’t, unless you’ve called it something else.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486196 · Replies: 14 · Views: 606

southpaw82
Posted on: Sat, 18 May 2019 - 21:02


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


It used to be that you had to wait for a certificate of insurance to arrive. Thankfull, s 147 of the Road Traffic Act 1988 has been amended as follows:

QUOTE
(1A) A certificate of insurance is to be treated for the purposes of subsection (1) as having been delivered to the person by whom the policy is effected if—

(a) it is transmitted electronically by the insurer to the person in accordance with subsection (1B) below, or

(b) it is made available by the insurer to the person on a website in accordance with subsection (1C) below.

(1B) A certificate is transmitted electronically by an insurer to a person in accordance with this subsection if—

(a) on effecting the policy to which the certificate relates, the person agreed to its electronic transmission for the purposes of subsection (1) above, and

(b) the certificate is transmitted by the insurer to an electronic address specified by the person for this purpose.

(1C) A certificate is made available by an insurer to a person on a website in accordance with this subsection if—

(a) on effecting the policy to which the certificate relates, the person agreed to its being made available on a website for the purposes of subsection (1) above,

(b) the insurer makes the certificate available to the person by placing an electronic copy of it on a website, and

© the person is notified by the insurer, in a manner agreed by the person, of—

(i) the certificate's presence on the website,

(ii) the address of the website,

(iii) the place on the website where he may access the certificate, and

(iv) how he may access the certificate.
  Forum: The Flame Pit · Post Preview: #1486184 · Replies: 11 · Views: 529

southpaw82
Posted on: Sat, 18 May 2019 - 20:58


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (The Rookie @ Sat, 18 May 2019 - 18:43) *
The instruction/guidance on the form is an irrelevance

That's not what the Administrative Court thinks.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486183 · Replies: 15 · Views: 565

southpaw82
Posted on: Sat, 18 May 2019 - 17:42


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


No.

The High Court has recently grappled with when a written charge is “issued”. The court said:

QUOTE
In my view, the written charge can be regarded as issued only when the document comprising the written charge is completed, with all relevant details and in the form needed for service. Provided that is done within six months of the relevant offence, the written charge will have been issued in time.


So long as the written charge is printed within the six month time limit posting can take place outside of that time.

Brown v DPP
  Forum: Speeding and other Criminal Offences · Post Preview: #1486150 · Replies: 14 · Views: 606

southpaw82
Posted on: Sat, 18 May 2019 - 16:57


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


If you apply for a set aside without Excel’s consent then you will have to show two things:

1. That you have a realistic prospect of defending the claim
2. That you acted promptly once you discovered the default judgment

If you are successful then the judgment is set aside and you will defend the underlying claim. If you successfully defend that then you may get your £255 application fee back. If you don’t then you probably won’t. If you win your credit record is untouched. If you lose then so long as you pay within a month nothing will go on your credit record.

Alternatively, you can do a deal with Excel whereby you will pay the judgment debt owed to them and they will consent to the judgment being set aside. That will cost you £100 (on top of paying Excel) but you won’t have to convince the judge of anything, the judgment will just be set aside and your credit record restored.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486131 · Replies: 9 · Views: 217

southpaw82
Posted on: Sat, 18 May 2019 - 16:11


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


What date was it issued?
  Forum: Speeding and other Criminal Offences · Post Preview: #1486112 · Replies: 14 · Views: 606

southpaw82
Posted on: Sat, 18 May 2019 - 13:37


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


The Met might have got it “right” in so far as the details they were supplied with are concerned. You don’t know who made the error.

A prosecution for the 172 offence appears difficult because (a) who will they prosecute and (b) a precondition to the obligation to respond arising is that a notice has been served correctly. It is difficult to see how a notice directed to an individual who does not exist is properly addressed or served but there is some case law on this issue (that I’ve not taken the time to read).

The OP needs to decide what his objective is: avoid a speeding course/fixed penalty and potentially have a technical fight in court or simply deal with the issue and take the course/fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486073 · Replies: 15 · Views: 565

southpaw82
Posted on: Fri, 17 May 2019 - 17:35


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (Smiley1611 @ Fri, 17 May 2019 - 18:33) *
If the lease company pass on your details to Merseyflow and you subsequently get a PCN sent to you.... wait until just before the end of the reply period and appeal. Check teh attachments to the PCN. They invariably do not present the hirer/leaser with the full information required by Schedule 4 of the Protection of Freedoms Act (POFA) 2012 within the specified period. Look at Clauses 13(2) and 14(2).
http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

And what does that have to do with Mersey Gateway?
  Forum: The Flame Pit · Post Preview: #1485939 · Replies: 4 · Views: 422

southpaw82
Posted on: Thu, 16 May 2019 - 20:36


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


Or in Scotland. Perhaps the OP isn’t as familiar with POFA as he thinks.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1485731 · Replies: 3 · Views: 75

southpaw82
Posted on: Thu, 16 May 2019 - 17:14


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


One wonders where they got the old address from if the vehicle details are correct and you gave the correct address. None of this seems fatal to a prosecution though.
  Forum: Speeding and other Criminal Offences · Post Preview: #1485692 · Replies: 7 · Views: 421

southpaw82
Posted on: Thu, 16 May 2019 - 14:24


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (Tancred @ Thu, 16 May 2019 - 12:58) *
QUOTE (southpaw82 @ Thu, 16 May 2019 - 10:57) *
In Denmark.


And the UK as well:

https://youtu.be/DBP2LTQxqZ8?t=97

Not that it will in any way stop the usual anti-cycling nonsense about everything being the fault of cyclists because they don't respect the rules of the road.

I’m sure A_F has a phrase for this...
  Forum: The Flame Pit · Post Preview: #1485628 · Replies: 68 · Views: 1,467

southpaw82
Posted on: Thu, 16 May 2019 - 09:57


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


In Denmark.
  Forum: The Flame Pit · Post Preview: #1485541 · Replies: 68 · Views: 1,467

southpaw82
Posted on: Thu, 16 May 2019 - 08:21


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (cristinika28 @ Thu, 16 May 2019 - 07:32) *
QUOTE (ford poplar @ Thu, 16 May 2019 - 02:08) *
Why do you think the NTO was sent in error?
The Police are only applying the only evidence avail, the VRM.


What part of I NEVER BEEN To this place don't you understand?

How about you wind your neck in and behave politely to people who are taking the time to try to help you for free?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1485510 · Replies: 15 · Views: 345

southpaw82
Posted on: Wed, 15 May 2019 - 20:45


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


The costs we’re talking about are not the court fees. We’re talking about the costs of each party, the general rule being that the party that loses pays the costs of the party that wins. On the small claims track those costs are limited. On other tracks they are not. In short, if you lose you could end up paying a significant sum to the other side in costs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1485424 · Replies: 63 · Views: 1,728

southpaw82
Posted on: Wed, 15 May 2019 - 19:55


Member


Group: Members
Posts: 29,618
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483


QUOTE (tzarqt @ Wed, 15 May 2019 - 20:18) *
In my defence, I say that I want compensation based on CPR 27.14.2(g)

In post #42 I specifically told you that costs and damages are not the same thing. You can’t claim costs in compensation for an unproven claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1485397 · Replies: 63 · Views: 1,728

1129 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: Tuesday, 21st May 2019 - 17:50
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.