PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

444 Pages V   1 2 3 > » 

Logician
Posted on: Yesterday, 20:01


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (ItsWar @ Thu, 19 Jul 2018 - 08:42) *
I have found my part of the old V5C tear off section. I reckon DVLA have not had the part from the dealership that sold me the car, and the car is still registered with the previous owner. I have his phone number in some old receipts so will ask if he has received a Nip. Then I will try to speak with DVLA.


As you bought the car from a dealership it may be recorded as 'in trade'. I suggest you contact the dealership before the previous keeper, as regards the speeding, it is clear you are not going to have a late NIP defence and you need to name the driver.




  Forum: Speeding and other Criminal Offences · Post Preview: #1400500 · Replies: 14 · Views: 461

Logician
Posted on: Wed, 18 Jul 2018 - 22:10


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Romeo82 @ Wed, 18 Jul 2018 - 22:58) *
Thanks for your advice. I will just have to pay. What annoys me is all the scrambler bikes that go past probably uninsured and terrorising the streets and nothing is done about them. The police are just after a quick buck by picking on generally good drivers. Think I will just stick to 30 mph now even on roads where it might be a 40. wacko.gif :


That is liable to make you somewhat unpopular with other road users, and it is actually possible to tell what the speed limit is, there is no 'might' about it.

  Forum: Speeding and other Criminal Offences · Post Preview: #1400234 · Replies: 8 · Views: 319

Logician
Posted on: Wed, 18 Jul 2018 - 21:56


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (ItsWar @ Wed, 18 Jul 2018 - 20:59) *
I am the Registered Keeper but can't find my V5...………….I doubt it is a reminder (surely a reminder would retain the original Notice Issue Date rather than start a whole new Nip 25 days late ?...……………………. I reckon they have simply sent this first Nip late. I have had the car a year, so it would be surprising if they sent a first Nip to the previous keeper .


It is probably not a reminder because of the timing, but the fact that you cannot find the V5C indicates that very likely you have not had one and are not in fact registered as the keeper. So the likelihood is that it is registered to the previous keeper still or recorded as 'in trade' and you have been found from the previous keeper, a dealer or the insurance record and in the process your name was slightly misspelt. The police may tell you what happened, which should enable you to sort it out, but in any event you need to reply to the request to name the driver. The chance of this being simply a very late NIP sent to the registered keeper are somewhere between nil and zero.

  Forum: Speeding and other Criminal Offences · Post Preview: #1400228 · Replies: 14 · Views: 461

Logician
Posted on: Wed, 18 Jul 2018 - 18:46


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


It is very rare now for NIPs to be this late without a valid reason. Have you changed address recently or is the car new to you? Get out the V5C and check that it shows your correct current name and address, is your Christian name spelled correctly? At the bottom of several pages is a Doc Ref number and a date next to it, what is that date and what is the date of the alleged offence? The remaining possibility is that it is a reminder and the original NIP did not reach you, reminders are rarely marked as such.
  Forum: Speeding and other Criminal Offences · Post Preview: #1400150 · Replies: 14 · Views: 461

Logician
Posted on: Tue, 17 Jul 2018 - 18:48


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (lutonmike @ Tue, 17 Jul 2018 - 17:46) *
Logician - would almost certainly lose my job. My job is predominantly field based (distance from home to head office is just shy of 200 miles. Missus works for NHS, virtually minimum wage as a typist. Her wage wouldn’t cover 1/3 of the monthly running costs of the house, even if full time. What type of preparation do I need to organise for EH? How is it presented to the judge?


You will probably not be presenting it to a judge, but to a bench of three magistrates, but it could be a Disrict Judge (Magistrates Courts). It is your evidence given by you from the witness box and you can present it any way you like, it can be entirely oral, or you can write it out and read it out or ask the bench to read it. If you are doing that take five copies one for each magistrate, one for the legal advisor and one for the prosecutor. As you have been told, the circumstances of any of the offences which led to the points are not relevant, nor is your driving record, so you should start from the position that you have the points. There will of course be a case for the latest offence and you will be given points and the court will then ask or if not you should say, that you wish to put forward an exceptional hardship case.

I would start by explaining what you do for a living, the importance of being able to drive and the impossibility of doing your job without driving. Obtain a letter from your employer stating that you will lose your job if you cannot drive for six months. Move on to describe your family circumstances, your wife and child at home, the support for a second child. Then briefly describe your financial circumstances, the household budget, the small scope for your wife earning more. The possibility of another job etc. Be prepared for random questions as the magistrates think of them, things like could the child stay with a relative and your wife drive you to the farms, just anything that comes to mind.



  Forum: Speeding and other Criminal Offences · Post Preview: #1399876 · Replies: 12 · Views: 466

Logician
Posted on: Tue, 17 Jul 2018 - 16:37


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (lutonmike @ Tue, 17 Jul 2018 - 16:35) *
NewJudge - Re: EH Major earner in household, supporting part time working wife and 1 child - also support for second child who doesn't live with me. Access as well. Car is company car I work 200 miles from home, staying away 3/4 days per week My work when not based at office is then in very remote locations (farms) JLC - It was a 50MPH. Having examined photo, there is clear fog visible in picture (this probably doesn't help as I should have been driving to the conditions). Questionable means, I'm saying it was on what I consider to be very close to a bend in the road. I'd heard this wasn't legal?


As long as they are in a position to measure your speed accurately they can be anywhere. You may have the basis for an EH argument there, but would you definitely lose your job? If you are sometimes office based could you stay in the office for 6 months, sometimes going out with a colleague? If you lose your job how quickly could you get another, could your wife work full time while you do more at home? If the answers are negative and your wife and child are in danger of losing their home, and the second child cannot be supported or visited, you have the makings of a case.

  Forum: Speeding and other Criminal Offences · Post Preview: #1399822 · Replies: 12 · Views: 466

Logician
Posted on: Tue, 17 Jul 2018 - 11:41


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (afcgem @ Tue, 17 Jul 2018 - 12:30) *
Six points came about because of 57 in a 50 which I never received any forms of letter or notification for, and then all of a sudden appeared on my licence. They had sent multiple letters to my wrong address and therefore I hadn't had anything from them but was basically advised it was tough and I should have known - despite my driving licence having the correct address on. The other three was from two years ago.


Sounds like you might have fallen into the common error of updating your driving licence and failing to update the address on your car V5C. If you got 6 points for failing to identify the driver it is unfortunate you did not post here then, we would have advised you to make a statutory declaration which would have avoided that, and just given you 3 points for speeding.

  Forum: Speeding and other Criminal Offences · Post Preview: #1399688 · Replies: 18 · Views: 555

Logician
Posted on: Tue, 17 Jul 2018 - 11:25


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (afcgem @ Tue, 17 Jul 2018 - 11:55) *
It unfortunately wasn't very long ago - the three offences came within a short period of time. What would be the best route to go down for me to try and escape a ban?


This will be going to court anyway, and your only escape really is an exceptional hardship argument. Losing your job as such may not be exceptional unless others are dependant on your income, or your employers depend on your work and you are not easily replaceable. Taking relatives to hospital is useful but expect a lot of questioning about how often they need to go, who else could take them, public transport or taxi availability and so on. Do not expect the bench to be very sympathetic, your offences over a short period show that you have failed to learn the error of your ways and the routine question comes up, if your licence is as important as you say, why have you kept on speeding?

  Forum: Speeding and other Criminal Offences · Post Preview: #1399679 · Replies: 18 · Views: 555

Logician
Posted on: Tue, 17 Jul 2018 - 10:38


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


Unfortunately there is no chance of a course for 88mph in a 70 limit, they stick rigidly to the criteria. What is the earliest offence date of your existing 9 points?
  Forum: Speeding and other Criminal Offences · Post Preview: #1399655 · Replies: 18 · Views: 555

Logician
Posted on: Mon, 16 Jul 2018 - 18:31


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


The insurers state that they are prepared to indemnify the driver in accordance with the Road Traffic Act, which is what is required. That is therefore sufficient and the absence of back-dating presumably means that a few days have been obtained free.
  Forum: Speeding and other Criminal Offences · Post Preview: #1399507 · Replies: 20 · Views: 1,483

Logician
Posted on: Mon, 16 Jul 2018 - 15:23


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


Your defence to the speeding is extremely feeble, basically claiming that the officer carried out a speeding check incompetently when he has probably done the same procedure a hundred times before. The no insurance charge is a different matter, and the prosecution have to rely on what you said to the officer, which unfortunately you cannot remember. If it was a statement that showed you were using the car on business then you are done for, but if it was at all equivocal about the purpose of your journey you might have a chance. I think you might consider having a word with the prosecutor at the case management hearing with a view to pleading guilty to the speeding if the insurance case is dropped. You would only get one lot of points for two offences committed on the same occasion anyway, so a maximum of 6 for the more serious no insurance offence, but for the speeding alone you might get 5 and anyway insurance companies will look less severely on speeding than no insurance.

It might be worth your while to get business use covered on your insurance, it is unlikely to be expensive and would avoid future difficulties of this nature.
  Forum: Speeding and other Criminal Offences · Post Preview: #1399461 · Replies: 19 · Views: 1,554

Logician
Posted on: Sun, 15 Jul 2018 - 20:27


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


To take your last point first, were these letters correctly addressed to you? If so it seems likely it was slip up by your postman, rather than any failure elsewhere. What happened to your V5C for the vehicle? If the insurance company requested it from you, then they should have dealt with the situation properly and you have a chance of a defence. If you still have it and have not notified the DVLA the vehicle has been scrapped, it really is down to you.
  Forum: Speeding and other Criminal Offences · Post Preview: #1399247 · Replies: 1 · Views: 264

Logician
Posted on: Sun, 15 Jul 2018 - 20:21


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


The court system and the fixed penalty system have no relationship to each other, they are separate systems entirely, so you need to look only at sentencing guidelines. In a 70 limit, the band of 91 to 100 has a guideline of 4 to 6 points, so interpolating 98 would reasonably be 6 points, 5 would be lucky.
  Forum: Speeding and other Criminal Offences · Post Preview: #1399244 · Replies: 6 · Views: 446

Logician
Posted on: Sat, 14 Jul 2018 - 19:50


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (swanseajack2018 @ Sat, 14 Jul 2018 - 12:00) *
sorn was HAND DELIVERED to dvla in swansea


Why do that? Do it online and you get an immediate acknowledgement, so you avoid this nonsense. You presumably have no record at all of the hand delivery, and you have to hope that the court believes you hand delivered the form.

  Forum: Speeding and other Criminal Offences · Post Preview: #1399024 · Replies: 7 · Views: 615

Logician
Posted on: Tue, 10 Jul 2018 - 19:04


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


Obviously the police have an image available that identifies your vehicle, otherwise they would not have been in a position to write to you. The police are not required to prove an offence occurred before being entitled to request the identity of the driver from you, all that is needed is an allegation, so you have successfully shot yourself in the foot. If you are now charged with both speeding and the s.172 offence, and you were driving, you should be able to get the s.172 dropped by agreeing to plead guilty to the speeding.

If you were not driving or the speeding has not been charged, you are likely to be convicted of the s.172 offence as the court is unlikely to accept that you could not work out who was driving at the time. This carries 6 points and a fine of 150% of your net weekly income, plus surcharge of 10% (min £30) and costs with a guideline of £620 if you are found guilty after a trial. Pleading guilty would see a discount of 33% off the fine and costs of £85. Plus increased insurance premiums for five years, as insurers are sensitive to that offence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1397683 · Replies: 25 · Views: 1,326

Logician
Posted on: Tue, 10 Jul 2018 - 17:05


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


The police probably find it difficult to accept you do not know the name of the previous owner, so if you could find that out you might be of the hook. Did you pay for the car in cash? Any other method would give some clue about the owner. How did you find the car? An advert probably gave a name. Did you make a note somewhere when you arranged to go and see it, look for scraps of paper etc. Possibly the previous owner failed to register the car, so the police do not have his name and are suspicious of you.
  Forum: Speeding and other Criminal Offences · Post Preview: #1397608 · Replies: 24 · Views: 892

Logician
Posted on: Tue, 10 Jul 2018 - 10:00


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Dwain @ Tue, 10 Jul 2018 - 10:45) *
So, the OP can be subject to a S59 and a speeding ticket? For one offence? He has his vehicle impounded, pays a fee to get it out and then gets procecuted, 3 points and another fine. All for the same offence? I know the law can be daft, but that seems really unfair. Dwain


s.59 is indeed a rather heavy-handed weapon, designed to deter persistent anti-social use of vehicles, and one of the targets is car cruisers. The OP is not really being punished twice for the same offence, although it may seem like it, but for a course of conduct. He received one warning 'a few months back' and is then caught speeding and undertaking on a stretch of road he knows is used by car cruisers and subject to an injunction, so clearly he did not take on board the earlier warning.

  Forum: Speeding and other Criminal Offences · Post Preview: #1397377 · Replies: 28 · Views: 1,153

Logician
Posted on: Mon, 9 Jul 2018 - 23:37


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


Your friend accepts he was doing 43 in a 30 limit. You were riding together, so even if you were not doing exactly 43, it is unlikely you were within the limit. Your exact speed does not matter, the fixed penalty would be the same. Going to court and arguing that you were doing a speed about 50% lower than your friend when you were travelling together is very unlikely to be successful, and if you are convicted the fine and costs would be many times as much as the fixed penalty. The sensible thing is to accept the fixed penalty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1397327 · Replies: 33 · Views: 1,585

Logician
Posted on: Mon, 9 Jul 2018 - 19:36


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


For the case to be out of time, the summons you did not receive would have to have been issued in response to an information laid by the police out of time. Have you or your solicitor seen this? Was it in fact a summons as you say or a requisition, which is now more usual?

Any evidence that your car was elsewhere at the time would be useful. Does the other sighting of your car (#2) correspond with your fiancée's route? What damage is alleged to have been caused in this incident, is it plausible that it could have been caused without any corresponding damage to your car? How different is the description of the driver to your fiancée? Did the eye witness in #1 sighting claim to have seen the car hitting something?
  Forum: Speeding and other Criminal Offences · Post Preview: #1397273 · Replies: 25 · Views: 2,986

Logician
Posted on: Mon, 9 Jul 2018 - 17:07


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


I think the way it works is that the guys who run the gov.uk website put every effort into simplifying it as much as possible, starting from the DVLA's input. Sometimes they simplify it to the point of inaccuracy, as here, but would no doubt say a full explanation is not really necessary, if a member of the public does it the way we say then they are always on the safe side. Unfortunately for the OP, he has managed to prove that wrong.
  Forum: Speeding and other Criminal Offences · Post Preview: #1397205 · Replies: 17 · Views: 942

Logician
Posted on: Mon, 9 Jul 2018 - 16:24


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


So far no one seems to have pointed out that a speed of up to 42mph in a 30mph limit is likely to lead to the offer of a speed awareness course if the offence occurred in England or Wales (not Scotland) and the driver has not previously done such a course for an offence committed in the previous three years.
  Forum: Speeding and other Criminal Offences · Post Preview: #1397178 · Replies: 29 · Views: 1,175

Logician
Posted on: Sun, 8 Jul 2018 - 16:59


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (wedged @ Sun, 8 Jul 2018 - 13:55) *
Yes it was taxed by the previous RK/owner during May. I disagree, if that were the case, then the DVLA website would not specifically state "You must tax a vehicle you’ve bought before you drive it, or declare it off the road (a SORN). The tax is not transferred to you when you buy the vehicle." www.gov.uk/sold-bought-vehicle. Note "you’ve bought before you drive it". If you were correct, the car would still be taxed by the original owner for up to 4 weeks while they posted off the V5. In practice, the chances of being caught are quite low, because the databases would still show the car as taxed until the V5 is processed. But I assert that it is the law that the act of sale cancels the tax.


This is an instance where the DVLA are misleading the public about the law, the licence is not cancelled until the DVLA receives the notification. Look up the relevant law.

  Forum: Speeding and other Criminal Offences · Post Preview: #1396874 · Replies: 17 · Views: 942

Logician
Posted on: Fri, 6 Jul 2018 - 09:54


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


There was a Criminal Courts Charge for 9 months in 2015, abolished after great pressure from the Magistrates' Association LINK perhaps there is some confusion with that. Otherwise prosecution costs go to the CPS and fines are paid into the Consolidated Fund.
  Forum: Speeding and other Criminal Offences · Post Preview: #1396498 · Replies: 31 · Views: 2,074

Logician
Posted on: Thu, 5 Jul 2018 - 12:00


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


In many other countries insurance seems to be much less rigid than here, but in the UK to be properly insured the driver needs to be insured through a UK company, in practice. Therefore your sister-in-law is very unlikely to be covered by her insurance, so unless your insurance covers any driver, which is unlikely, she drove the car uninsured. The corollary is that you permitted her to drive uninsured, which carries the same penalties as driving uninsured yourself. So if you are offered a fixed penalty it will be for 6 points and £300, if it goes to court 6 points are likely (but could be up to 8) and the fine will be income related (100% on one week's net income if you plead guilty, plus 10% surcharge (min £30) plus costs of £85 if you plead guilty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1396253 · Replies: 6 · Views: 702

Logician
Posted on: Wed, 4 Jul 2018 - 19:16


Member


Group: Members
Posts: 11,281
Joined: 28 Mar 2010
Member No.: 36,528


QUOTE (Jay2626 @ Wed, 4 Jul 2018 - 20:10) *
QUOTE (peterguk @ Wed, 4 Jul 2018 - 13:06) *
QUOTE (Jay2626 @ Wed, 4 Jul 2018 - 13:03) *
It was a conditional offer of fixed penalty But in reality what is the conditional bit?
Either you agree to the conditions (send in DL and pay the penalty) or you choose not to. If you do the matter is concluded. If not the matter goes to court where the penalty will be more severe.
I intend on paying it But out of curiosity people that go to court get more than the 200 fine imposed or 6 points?? Someone else said you faces administrative charge costs But you’re saying people are getting fined more than the above for being caught on a mobile ? Car drivers?


Fixed penalties are fixed, fines in court are related to the offender's income, there is a 10% surcharge (minimum £30) on top of that, and prosecution costs of £85 for a guilty plea or a guideline of £620 if found guilty after a plea of not guilty. The 6 points for mobile use would be the same (technically a disqualification would be possible but vanishingly unlikely)

  Forum: Speeding and other Criminal Offences · Post Preview: #1396132 · Replies: 31 · Views: 2,074

444 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: Friday, 20th July 2018 - 03:07
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.