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Jlc
Posted on: Today, 22:07


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Yup
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427923 · Replies: 6 · Views: 75

Jlc
Posted on: Today, 21:25


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Just too fast for a course, so 3 points £100.
  Forum: Speeding and other Criminal Offences · Post Preview: #1427901 · Replies: 2 · Views: 44

Jlc
Posted on: Today, 13:57


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At the very least the driver nomination must be returned as soon as reasonably practicable. Even if it was a few days late they are unlikely to bat an eyelid.

Naming the driver does not prejudice any late NIP defence. But the recipient would have to rebut the presumption of delivery. Failing to name the driver would not be a good idea.

Unfortunately, that excess is not likely to see a fixed penalty offer.
  Forum: Speeding and other Criminal Offences · Post Preview: #1427749 · Replies: 9 · Views: 346

Jlc
Posted on: Today, 10:19


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Given each request has 28 days to respond, along with processing time it’s not unusual for requests to arrive 2-4 months afterwards.
  Forum: Speeding and other Criminal Offences · Post Preview: #1427671 · Replies: 19 · Views: 613

Jlc
Posted on: Today, 09:00


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No, that is not a solid argument.

An actual late NIP is, eg Beckham.

Many NIP’s arrive outside 14 days due to the driver not being the RK, i.e. leased, company, hired.

The law requires reasonable diligence upon receiving the request. Being quite some time after the offence may assist a s172 defence but is no silver bullet.
  Forum: Speeding and other Criminal Offences · Post Preview: #1427643 · Replies: 19 · Views: 613

Jlc
Posted on: Yesterday, 22:12


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QUOTE (Cardriver. @ Mon, 22 Oct 2018 - 23:03) *
Dash cam footage behind me.

So has someone reported you?
  Forum: The Flame Pit · Post Preview: #1427549 · Replies: 11 · Views: 254

Jlc
Posted on: Yesterday, 22:01


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I presume you mean it changed to amber when you approached - you should not accelerate. Either you can stop (amber means stop) or if you are so close to the stop line that you cannot stop safely before red then you should continue.

There is no usual defence for passing at red.

I presume it's your own dash cam footage - not sure why you'd want to incriminate yourself...

Anyway, CCTV is not used for redlight offences. It is highly unlikely you'll hear anything unless there was a RLC.
  Forum: The Flame Pit · Post Preview: #1427543 · Replies: 11 · Views: 254

Jlc
Posted on: Yesterday, 21:07


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Of course they can't - why the rush to court? You should contact them to rectify their mistake first.
  Forum: The Flame Pit · Post Preview: #1427525 · Replies: 4 · Views: 394

Jlc
Posted on: Yesterday, 20:59


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There are arguments that there is a disproportionate amount versus the unpaid tariff but trying to convincing a judge that ParkingEye v Beavis (only persuasive in Scotland) doesn't apply is difficult.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427520 · Replies: 4 · Views: 56

Jlc
Posted on: Yesterday, 20:51


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I wouldn't stress. Quite defendable, but still unlikely to go to a claim...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427517 · Replies: 15 · Views: 123

Jlc
Posted on: Yesterday, 20:42


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No keeper liability indeed. But tickets are potentially enforceable - I would never claim otherwise.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427506 · Replies: 4 · Views: 56

Jlc
Posted on: Yesterday, 20:40


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POPLA only concern themselves whether the charge was correctly issued. They still might...

You've thrown away a dead cert winner by revealing the driver.

Might be best to simply ignore, I doubt they'll want this one to go to court. (Not that they are particularly litigious)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427503 · Replies: 15 · Views: 123

Jlc
Posted on: Yesterday, 19:53


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That sign cannot form a contract.

Either the permit was on display or not? There's no dash close up...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427483 · Replies: 19 · Views: 169

Jlc
Posted on: Yesterday, 19:51


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Have you told them who was driving?

No laws would have been broken - the only question is whether the original signage was sufficient to form a contract...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427482 · Replies: 15 · Views: 123

Jlc
Posted on: Yesterday, 18:57


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QUOTE (SirStevie @ Mon, 22 Oct 2018 - 19:53) *
We work for the same company, the same company that says you are required by law to pay these "parking fines"

I wonder what 'law' that is...?

QUOTE (SirStevie @ Mon, 22 Oct 2018 - 19:53) *
Said we need to "appeal the fine"

Sure fire way to get a rejection.

So, why wouldn't the temporary permit not be valid?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427472 · Replies: 19 · Views: 169

Jlc
Posted on: Yesterday, 18:53


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First step is to get her work to intervene...

I would note that the Data Protection Act 1988 no longer exists. I would also put in a SAR for all the information they have - those photo's alone do not show the 'contravention'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427469 · Replies: 19 · Views: 169

Jlc
Posted on: Yesterday, 13:51


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QUOTE (jew @ Mon, 22 Oct 2018 - 13:51) *
Should I just carry on ignoring them?

Yes.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427371 · Replies: 16 · Views: 573

Jlc
Posted on: Yesterday, 13:24


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QUOTE (anoncardriver @ Mon, 22 Oct 2018 - 14:14) *
No defense was given - I was not prepared!

Which Americanisms please? (i'm new to law)

Defence...

It might be worth stepping back and explaining in a bit more detail what your defence is? I presume you're defending the speeding itself and not driver identification?

You appear to be claiming the photo presented has been altered? (And the video stream would show this?) What sort of alteration? What about the reading from the (presumably) approved device?
  Forum: Speeding and other Criminal Offences · Post Preview: #1427365 · Replies: 42 · Views: 1,632

Jlc
Posted on: Yesterday, 11:51


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No surprises, the roboclaim process appears to issue claims without any actual passing of information to the solicitor.

Unfortunately, providing them proof of identity is reasonable. (Although, there's a counterargument that the already have the RK details and address, therefore sending them to that address covers 'proof of identity')
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427328 · Replies: 12 · Views: 325

Jlc
Posted on: Yesterday, 09:37


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Are you still unsure who was driving?

It appears to be a SPECS (average speed) system there - see here. They do not flash, nor necessarily obvious.
  Forum: Speeding and other Criminal Offences · Post Preview: #1427282 · Replies: 19 · Views: 613

Jlc
Posted on: Yesterday, 08:57


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QUOTE (Lynxy @ Mon, 22 Oct 2018 - 09:37) *
Let me know your thoughts.

Nothing changes unless you've missed out something vital. The driver must be nominated or the matter will go to court. (For which you would have to show you did not know who was driving and that after reasonable diligence could not identify them)

That excess will see a course offer if the driver hasn't done one within the last 3 years. Otherwise it's a fixed penalty offer (3 points £100).
  Forum: Speeding and other Criminal Offences · Post Preview: #1427269 · Replies: 19 · Views: 613

Jlc
Posted on: Yesterday, 07:53


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QUOTE (rich2568 @ Mon, 22 Oct 2018 - 01:16) *
Was Pre Estimate of Loss squashed due to the Beavis ruling? Is there an opportunity to present arguments against PEOL?

Arguments of loss are almost all closed off. (Especially to POPLA)

Convincing a judge otherwise has happened but it's no easy task.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427250 · Replies: 80 · Views: 2,913

Jlc
Posted on: Yesterday, 07:52


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It's clearly not a space but what's known as a 'honey pot'. Realistically this space could be better marked, i.e. hatchings to show it's somewhere to not park on.

It's a source of regular income to the parking company so why should they pay out to stop this income?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1427249 · Replies: 4 · Views: 179

Jlc
Posted on: Yesterday, 06:38


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No, it’s only the 1st NIP to the registered keeper has a time requirement of 14 days. Subsequent ones (like yours) has no such limit, other than 6 months to prosecute.

Regardless, the s172 request (to name the driver) does not have this limit and must be responded to.

One option is to ask for photos to assist in the driver identification- they often supply but it doesn’t stop the 28 day clock.

In terms of identifying the driver, you appear to have been the person keeping the vehicle? If so, you are expected to use reasonable diligence to identify who was driving. So start with any work records, who was insured and any other records. Failing to identify the driver will see you in court should to want to defend on the basis you did not know who was driving and could not identify them with the aforementioned diligence. If convicted, it’s 6 points and a large fine.

Do you know what the alleged speed/limit were?
  Forum: Speeding and other Criminal Offences · Post Preview: #1427240 · Replies: 19 · Views: 613

Jlc
Posted on: Sun, 21 Oct 2018 - 08:34


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Yes it may take many months but still 3 points as noted.

The only difference is that the fine is income-related and you will incur court costs (£85) and surcharge (10% of the fine, min £30)
  Forum: Speeding and other Criminal Offences · Post Preview: #1427067 · Replies: 9 · Views: 351

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