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andy_foster
Posted on: Yesterday, 20:35


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QUOTE (bill w @ Sat, 24 Feb 2018 - 20:03) *
I've never quite worked out the logistics of installing a dashcam, due to having 8 vehicles, 4 bikes and 4 four wheelers


You install a dashcam in each 4 wheeler, and either use a RAM mount or helmet mount for whichever bike you're riding. However, the chances of 2 scrotes deliberately backing a moped into a proper bike for an insurance claim is probably less - unless they want the personal injury claim to have very realistic looking injuries.
  Forum: The Flame Pit · Post Preview: #1361397 · Replies: 19 · Views: 674

andy_foster
Posted on: Yesterday, 17:14


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How old is the vehicle?
  Forum: Speeding and other Criminal Offences · Post Preview: #1361346 · Replies: 11 · Views: 375

andy_foster
Posted on: Yesterday, 14:39


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Reasonableness and mitigation are irrelevant.

The NIP must be served on the RK (or driver) within the 14 days unless it is not possible with reasonable diligence to ascertain their details in time to serve a NIP within the 14 days - which generally equates to the DVLA records not being updated.

The obvious issue here is whether or not the lease company is actually the RK. It may actually be owned by a finance company who would be the RK.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361294 · Replies: 11 · Views: 375

andy_foster
Posted on: Tue, 20 Feb 2018 - 23:31


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Ok, you're being stupid.
  Forum: Speeding and other Criminal Offences · Post Preview: #1360069 · Replies: 16 · Views: 655

andy_foster
Posted on: Tue, 20 Feb 2018 - 23:20


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QUOTE (MrGuy71 @ Tue, 20 Feb 2018 - 23:03) *
So, after all of that, can I take the Sussex Safer Roads Unit to a small claims court to recover the additional £115 costs that I have incurred as a consequence of them being unable to manage their information storage systems?


No.
  Forum: Speeding and other Criminal Offences · Post Preview: #1360065 · Replies: 16 · Views: 655

andy_foster
Posted on: Tue, 20 Feb 2018 - 22:17


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Either you find out who was driving and name them, or the company is prosecuted for failing to name the driver. The company (a body corporate) cannot get points as it is not a natural person and cannot hold a driving licence. However, it also cannot use the defence of reasonable diligence unless it can show that the failure to keep a record of who was driving was reasonable.

Notice of Intended Prosecution.
  Forum: Speeding and other Criminal Offences · Post Preview: #1360027 · Replies: 10 · Views: 522

andy_foster
Posted on: Tue, 20 Feb 2018 - 20:03


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QUOTE (618hotlap @ Tue, 20 Feb 2018 - 19:59) *
Hi been accused of speeding


Who has? You haven't. The unknown driver of the vehicle has.

QUOTE
Works van I’m the director I don’t know who was driving at the time any ideas as to what to do next many thanks


Who is the NIP addressed to? Is it addressed to you personally, or the limited company?
  Forum: Speeding and other Criminal Offences · Post Preview: #1359967 · Replies: 10 · Views: 522

andy_foster
Posted on: Tue, 20 Feb 2018 - 19:11


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QUOTE (Bexeleventybillion @ Mon, 19 Feb 2018 - 17:20) *
The notice originally sent was in an incorrect name and at the wrong address which was pretty awkward when the neighbour knocked saying they'd opened it and it was meant for my partner instead. Anyhoo, she called the unit and amended the details to hers and then paid the fine and sent off her licence, via Royal Mail 1st class and promptly put it all behind her and carried on with life.


How incorrect were the name and address? Was any subsequent notice sent by the police (according to the witness statement(s) in the SJPN bundle) or received with her correct details?
  Forum: Speeding and other Criminal Offences · Post Preview: #1359946 · Replies: 13 · Views: 624

andy_foster
Posted on: Mon, 19 Feb 2018 - 18:30


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In very rare circumstances, replying at the end of the 28 days can help to cause a timeout (they have 6 months from the date of offence to instigate proceedings).
Technically you have 28 days beginning with the date of service (deemed to be 2 working days after posting unless the contrary is proven) for the required information to be served on the police (delivered). Your response should have been served by yesterday (which would mean Friday as service by post is not deemed to have been effected on non-working days).

However, as you are still some way off the 6 months, I would be extremely surprised if they prosecuted you for being a few days late - assuming that your response contains all the required information, is delivered shortly, and does not include anything liable to rattle their cage.
  Forum: Speeding and other Criminal Offences · Post Preview: #1359531 · Replies: 5 · Views: 353

andy_foster
Posted on: Mon, 19 Feb 2018 - 18:03


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Ignoring your anger issues and her apparent inability to sort things out herself (seemingly resulting in you both deciding that you need to get involved and losing your rag), the stock response is "send three and fourpence, we're going to a dance". In other words, is your partner so incapable of seeking advice herself that you providing a second hand account of what you think happened is better than her giving us a first hand account?

The process is usually NIP and s. 172 requirement served on the driver (often after being named by the RK, or a chain from the RK), driver responds naming themselves as the driver, then they receive a COFP and/or offer of a course (if the alleged speed is within the guidelines, etc.). Avon and Somerset use a combined NIP/s. 172/COFP which confuses matters sometimes, but otherwise she could not have paid the fine if she had not admitted to being the driver.

As you apparently missed the "READ THIS FIRST" stick and the links to the NIP Wizard - which asks the basic questions which we generally need to start to offer meaningful advice, I would refer you to my first paragraph.

If you had taken the time to skim through a few similar cases, you would have seen that pleading guilty to both offences is just about the worst thing she could do. Instant 9 points instead of doing a deal to trade a possible 6 points for 3 points.
  Forum: Speeding and other Criminal Offences · Post Preview: #1359519 · Replies: 13 · Views: 624

andy_foster
Posted on: Thu, 15 Feb 2018 - 21:39


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QUOTE (peterguk @ Thu, 15 Feb 2018 - 20:50) *
QUOTE (jp1738 @ Thu, 15 Feb 2018 - 20:47) *
I want to avoid the points (if possible) but clearly don't want to make things worse. Is it enough for me to send in the drivers details that are requested on the form without using the form itself or are there blank ones I can download and print off or something? If i send in the details can I do this without accepting the fixed penalty and the points?

Thank you


Read Fredd's post no. 4.


Perhaps you should read the post you are replying to. The OP cannot use the form as he has sent it back. That is why he is asking if he can provide the information without the form, or whether he can obtain a black form from elsewhere. Telling him to read (or re-read) an earlier post advising him to use the form is particularly unhelpful.

@OP - there is no requirement to use the form provided, as long as you comply with the substance of the requirement (Jones v DPP). Ideally, you would be able to use the form and not risk any unnecessary complications, but as you have already sent back the form that is no longer an option. Never seen blank s. 172 forms posted anywhere, and each force uses their own forms, so your best option would seem to be to provide the required
information in a latter or other document of your own creation - including the required signature, and relevant reference numbers, etc.

edit: In order to accept a fixed penalty, you would need to send off your licence and pay the penalty. I am struggling to imagine how a form could be worded to prevent you naming the driver without doing that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358340 · Replies: 13 · Views: 627

andy_foster
Posted on: Wed, 14 Feb 2018 - 19:48


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QUOTE (The Rookie @ Wed, 14 Feb 2018 - 18:01) *
You appear to be outside the six months within which they can charge you, so vanishingly unlikely. Especially as from a not guilty plea they wouldn’t know who to charge anyway!


Is there anything in this thread that lead to you that somewhat dubious conclusion?

QUOTE (CheshireMatt123 @ Thu, 8 Feb 2018 - 14:46) *
The original incident is said to have occurred on 05/10/2017 and I know that it was me driving from the date and location.

  Forum: Speeding and other Criminal Offences · Post Preview: #1357905 · Replies: 31 · Views: 1,650

andy_foster
Posted on: Tue, 13 Feb 2018 - 22:32


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Is the NIP addressed to your wife?
Do you (or she) have the V5C (log book)? Unless you (or your wife) physically have the V5C, the consensus will be that you (or your wife) are not the RK. The consensus is rarely wrong on this.
If you have the V5C, is the address correct, and what is the date after the DocRef No. at the bottom of page 2? N.B. We do not need the DocRef. No. itself.

The obligation under s. 172 is personal, but performance need not necessarily be. In other words, if the driver is named, and it is somebody other than the person to whom the notice is addressed, the obligation to name the driver has been complied with, regardless of who actually provided the information. Where this sometimes goes awry is when the driver names themselves in response to somebody else's s. 172 notice and then fails to do so again when they receive their own notice under the misapprehension that their earlier response satisfies the subsequent requirement.
  Forum: Speeding and other Criminal Offences · Post Preview: #1357528 · Replies: 13 · Views: 652

andy_foster
Posted on: Mon, 12 Feb 2018 - 23:45


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QUOTE (southpaw82 @ Mon, 12 Feb 2018 - 22:45) *
QUOTE (notmeatloaf @ Mon, 12 Feb 2018 - 22:38) *
legally once posted recorded delivery the letter has been irrefutably served.

According to...?


As you well know, NML has, whether directly or through some other well-meaning idiot, conflated the specific provision of service by recorded delivery of NIPs under s. 1 RTOA 1988 with things that are not NIPs being served under the provisions of s. 1 RTOA 1988.

As much as it can be fun to play with your food, I'm not convinced that the thread or the OP are likely to benefit from it.
  Forum: Speeding and other Criminal Offences · Post Preview: #1357127 · Replies: 52 · Views: 2,279

andy_foster
Posted on: Sat, 10 Feb 2018 - 09:19


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Banker (possible typo?) convicted of impersonating a police occifer after riding an ex police bike with most of the stickers still on it and wearing an old police uniform with a "POLITE notice" hi-vis vest.
Link to terrorism is utter bollox. Link to him being an utter c*ck-womble massively understated.

http://www.itv.com/news/london/2018-02-08/...ceiving-public/
http://www.telegraph.co.uk/news/2018/02/08...victed-alleged/
  Forum: News / Press Articles · Post Preview: #1356161 · Replies: 15 · Views: 503

andy_foster
Posted on: Wed, 7 Feb 2018 - 22:49


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QUOTE (Trampilot @ Wed, 7 Feb 2018 - 12:01) *
Can't believe no-one has mentioned "threesome" ...


rolleyes.gif

QUOTE (notmeatloaf @ Sun, 4 Feb 2018 - 16:35) *
I've googled it and watched some movies that suggest I should sleep with her, get caught by Mrs NML but she'll be super turned on by it and join in. But this seems like a high risk strategy.

  Forum: The Flame Pit · Post Preview: #1355299 · Replies: 49 · Views: 2,184

andy_foster
Posted on: Mon, 5 Feb 2018 - 23:14


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QUOTE (Akira @ Mon, 5 Feb 2018 - 18:08) *
I've attached the PCN the officer gave me.


That's not a PCN.
  Forum: Speeding and other Criminal Offences · Post Preview: #1354544 · Replies: 33 · Views: 1,451

andy_foster
Posted on: Mon, 5 Feb 2018 - 22:38


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And don't forget flying cars!
  Forum: News / Press Articles · Post Preview: #1354527 · Replies: 36 · Views: 1,028

andy_foster
Posted on: Sun, 4 Feb 2018 - 21:38


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QUOTE (spacey3 @ Sun, 4 Feb 2018 - 20:10) *
I wanted to get an opinion and maybe some guidance on an issue that has happened to someone that has (unfortunately for me) asked me to assist them.


Send three and fourpence, we're going to a dance.

At the risk of being somewhat blunt, you clearly have little understanding of the issues, and are unlikely to be able to meaningfully assist your friend. Rather than you relaying your understanding of whatever he has told you, and then struggling to answer our questions, why not simply get him to post here with a first hand account?

QUOTE
Nevertheless, I was wondering, what information do we have to provide as a minimum to the police to prove that the registered keeper was not the driver at the time?


Further to the above, (from what you have told us) your friend is not the RK, you do not know who the RK is, or who was driving, but you seemingly believe that it is both possible and prudent to prove that the unknown RK was not the unknown driver.

As your friend is not the person keeping the vehicle (if your account of his account can be assumed to be accurate enough to assume that), all he needs to do in response to the s. 172 requirement is to provide "any information that is in his power to give and that might to the identification of the driver.". Whilst your account of his account of what he did provide appears to fall slightly short of this, it is not immediately apparent why he now feels that he needs to provide further information (or prove anything). Is there something that you have neglected to tell us, or something that he has neglected to tell you?
  Forum: Speeding and other Criminal Offences · Post Preview: #1354108 · Replies: 4 · Views: 775

andy_foster
Posted on: Sun, 4 Feb 2018 - 20:51


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QUOTE (The Rookie @ Sun, 4 Feb 2018 - 19:51) *
Hadn’t spotted that auto correct....I do know how to spell obiter....


It wasn't your post though - unless you are using more than one account.
  Forum: News / Press Articles · Post Preview: #1354091 · Replies: 36 · Views: 1,028

andy_foster
Posted on: Sun, 4 Feb 2018 - 19:29


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QUOTE (The Rookie @ Sun, 4 Feb 2018 - 19:17) *
Actually it is an offence not to carry your licence, all be it one that can be disposed of by presenting it within 7 days.


If you are going to be unnecessarily pedantic, please try to get it right.
  Forum: Speeding and other Criminal Offences · Post Preview: #1354056 · Replies: 21 · Views: 1,511

andy_foster
Posted on: Sun, 4 Feb 2018 - 19:22


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QUOTE (Katkitty @ Sun, 4 Feb 2018 - 19:04) *
So does the his override the 10%+2 guidelines then?


Some nutjob (who is unfortunately in a position of far greater power and influence than befits his mental state) has made a suggestion. Mere suggestions do not themselves over-ride guidelines, but can sometimes lead to guidelines being changed.

QUOTE
Pardon my question but this story is flying around Facebook and now work.


The story flying around facebook is mainly about smart motorway cameras operating when there is no variable limit - IOW enforcing the national speed limit. There is no reason to believe that this will be done below the 'ACPO' guidelines threshold speeds. Somewhat unusually for a story doing the rounds on facebook, it seems likely that the rest of it might well be substantially true.
  Forum: News / Press Articles · Post Preview: #1354052 · Replies: 36 · Views: 1,028

andy_foster
Posted on: Sun, 4 Feb 2018 - 19:12


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QUOTE (Churchmouse @ Sat, 3 Feb 2018 - 18:08) *
QUOTE (cp8759 @ Wed, 31 Jan 2018 - 11:49) *
The supreme court has already made orbiter comments that the appropriate sentence for 31 in a 30 is an absolute discharge...

So they were circling around the point, then? happy.gif



QUOTE (The Rookie @ Sat, 3 Feb 2018 - 18:19) *
Well no, it means it wasn’t relevant to the appeal finding.


*Whoosh*

That would be obiter. Other than the fact that there is only one "r" in "obiter", the clue was in the smiley.
  Forum: News / Press Articles · Post Preview: #1354047 · Replies: 36 · Views: 1,028

andy_foster
Posted on: Thu, 1 Feb 2018 - 22:12


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QUOTE (cp8759 @ Thu, 1 Feb 2018 - 22:04) *
I'd be happy to be proven wrong, but I thought the "I was stationary at traffic lights therefore was not driving" defence has been tried before without success.


Unless it was tried in the High Court for a mobile phone offence (or sufficiently similar), then whether or not it has been tried before and succeeded or failed is of little relevance.
  Forum: Speeding and other Criminal Offences · Post Preview: #1353092 · Replies: 23 · Views: 1,892

andy_foster
Posted on: Thu, 1 Feb 2018 - 19:10


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Remind me, which approved speed detection devices are rated as accurate to +/- 0.01mph?
  Forum: News / Press Articles · Post Preview: #1353027 · Replies: 36 · Views: 1,028

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