Posted on: Today, 14:29 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Sounds as if your husband has no choice but to plead gulity to the failure to identify and not guilty to the speeding. Unless he can persuade the court that neither the original NIP or the reminder were received he doean't seem to have a defence. Of course he has a defence, and on the basis we believe a poster unless it is clear they aren't being truthful, they have a completely legitimate defence. Even though I concede it will be a long short to get it to work, the cost of a conviction here is high, so it seems to me it's worth a shot, however long that shot is. BOTH will need to be witnesses to the non service of the NIP, the wife can admit driving and so hubby would have had nothing to lose by replying. VERY long shot, the wife can offer to plead guilty to an 'out of time' charge of speeding if the S172 is dropped, but long shots here seem worth it when facing a 6 month disqualification. |
Forum: Speeding and other Criminal Offences · Post Preview: #1812145 · Replies: 20 · Views: 0 |
Posted on: Today, 13:44 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Nothing will be an 'original speeding fine', only courts fine you, a very few forces combine the NIP/S172 with an offer of a fixed penalty, is that what you meant? Usually you would get just NIPs combined with an S172 requests (to name the driver). It's best not to make things up when they have titles on them. I would also expect them to be very similar (or identical) when your wording implies one was the 'fine' and the other a NIP which is 'unlikely'. |
Forum: Speeding and other Criminal Offences · Post Preview: #1812135 · Replies: 20 · Views: 0 |
Posted on: Today, 11:46 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
However as there are two police forces involved, you're going to have to forgo the FPN and take it to Court - which will almost certainly end up costing more than the two FPN offers you would receive Well no. He can accept one Conditional Offer of a Fixed Penalty (COFP) and defend the other (if it gets that far) on the basis he has already 'disposed of the allegation' and that it is statute barred. |
Forum: Speeding and other Criminal Offences · Post Preview: #1812124 · Replies: 6 · Views: 0 |
Posted on: Today, 09:08 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
As AF says, ignore the speeding charge, if he pleads not guilty to that it won't be progressed at all, even if it was he can simply state he wasn't driving and that would be the end of it as they have no evidence he was. What is harder to defend is the S172, post goes missing but the odds of 2 pieces going missing is a harder one for the court to swallow and you will have a job convincing them that is what happened. If found guilty after a trial it would be the 6 six points as pleading guilty but he would lose the 1/3 discount off the fine and surcharge for a guilty plea and prosecution costs would rise by about £550. However the penalty for those 6 points on insurance isn't insignificant and has to be born in mind when deciding the route to take. |
Forum: Speeding and other Criminal Offences · Post Preview: #1812092 · Replies: 20 · Views: 0 |
Posted on: Yesterday, 14:33 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
As per what forum? No trustworthy forum suggests not appealing (Scotland excepted). |
Forum: Private Parking Tickets & Clamping · Post Preview: #1812026 · Replies: 10 · Views: 80 |
Posted on: Yesterday, 14:07 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I'm wondering about the probability of winning this case. I presume they've been ignored completely? (Which isn't generally recommended, especially at LBC stage) Thanks for the response. I was waiting to receive response from my subject access request Did you 'appeal' (reply stating why nothing was owed) at any point in time at all? |
Forum: Private Parking Tickets & Clamping · Post Preview: #1812022 · Replies: 10 · Views: 80 |
Posted on: Yesterday, 13:46 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Has anyone else had this issue since the outage? All posts updated since the site was down show as unread, even after I've read them. |
Forum: The Flame Pit · Post Preview: #1812016 · Replies: 4 · Views: 0 |
Posted on: Yesterday, 13:09 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Why are the details provided (Notice number and passcode) not allowing me to log into the acdp.met.police.uk site? it's just that it would have been easier to complete the form online and be guaranteed it has been received. Why can't you logon? No idea. Most forces will only allow you to nominate another person online but require a written reply for confirmation you were driving as the reply must be capable of being used as evidence of driver ID in court should it come to that. |
Forum: Speeding and other Criminal Offences · Post Preview: #1812012 · Replies: 6 · Views: 0 |
Posted on: Yesterday, 11:59 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
1/ You have to inform them of who was driving. was anyone else driving your car that day, where you in the area that day? They don't have to provide images. 2/ Probably not, most take photo's from behind, it doesn't have to show the driver. 3/ What it seems to be to you is largely irrelevant, that is exactly how the system works and has worked for 30 years. |
Forum: Speeding and other Criminal Offences · Post Preview: #1812004 · Replies: 6 · Views: 0 |
Posted on: Yesterday, 09:28 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So do AF's ponderings stack up? Offence day a Sunday, posted on day 11 a Thursday and presumed (and presumably) delivered on the Monday? (same issue would arise if postage was day 11 and a Friday) If so the driver has a robust defence once the they are named/confirmed (i.e. if you are both RK and driver). |
Forum: Speeding and other Criminal Offences · Post Preview: #1811988 · Replies: 6 · Views: 0 |
Posted on: Mon, 25 Mar 2024 - 10:44 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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Forum: News / Press Articles · Post Preview: #1811922 · Replies: 26 · Views: 1,790 |
Posted on: Mon, 25 Mar 2024 - 09:31 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
When she took the course isn't relevant, it's when the triggering offences were, so had 3 years elapsed from first to this triggering offence? If so they were eligible for another course. I would imagine them using licence number not name as names can change! |
Forum: Speeding and other Criminal Offences · Post Preview: #1811916 · Replies: 9 · Views: 0 |
Posted on: Mon, 25 Mar 2024 - 08:18 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Better off calling the force in question's central number and asking for the safety camera team. |
Forum: Speeding and other Criminal Offences · Post Preview: #1811913 · Replies: 24 · Views: 707 |
Posted on: Fri, 15 Mar 2024 - 12:14 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Indeed, the case law follows the common English meaning of 'loading' which is not the same as 'going shopping for a few bits' unfortunately. So you'll need a technical defence which means sharing ALL the PCN please (read the FAQ on hosting images, no more loading to site please). |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811673 · Replies: 4 · Views: 114 |
Posted on: Fri, 15 Mar 2024 - 09:50 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The Police have defined the offence as happening at 5:46. Is there any possibility they could also persuade a court thst the OP "must have been" driving prior to 5:45? Of course it's possible, There may be data from an ANPR ping, a PNC search or even just the location (on an Mway more than a mile from an entrance for example). All I think could be counted as beyond reasonable doubt absent some compelling counter evidence. |
Forum: Speeding and other Criminal Offences · Post Preview: #1811648 · Replies: 22 · Views: 736 |
Posted on: Fri, 15 Mar 2024 - 08:27 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I have gone through the appeals process, asked for IAS review but that didn’t happened and went straight to debt collection route. You don't 'ask for an IAS review' you submit a new appeal to the IAS, did you do that? Not that it's a great loss as the IAS would almost certainly have rejected it. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1811638 · Replies: 11 · Views: 555 |
Posted on: Thu, 14 Mar 2024 - 08:08 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
"The expiry date of your photocard will be shown on the front in section 4b and the expiry date of your entitlements will be shown on the back of your licence." The date on the front has nothing to do with your license to drive. So in the below the photocard expired in 2023, that has no impact on her licence. Your provisional entitlement is shown on the rear. This 'TheAA' page explains the 10 years, that it will likely be the same date isn't relevant (it won't always be). |
Forum: Speeding and other Criminal Offences · Post Preview: #1811547 · Replies: 57 · Views: 3,761 |
Posted on: Thu, 14 Mar 2024 - 08:02 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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Forum: Speeding and other Criminal Offences · Post Preview: #1811546 · Replies: 5 · Views: 257 |
Posted on: Wed, 13 Mar 2024 - 20:45 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So is it possible you have the car registered to an old address and now they have a correct address from the insurance? The fact they sent another suggests something was changed. Be worth getting out the V5c registration document and having a look. |
Forum: Speeding and other Criminal Offences · Post Preview: #1811489 · Replies: 6 · Views: 185 |
Posted on: Wed, 13 Mar 2024 - 15:04 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Thank you. My daughter lives over 120 miles away from me. It will still help your case to show you have considered alternatives and the cost and other implications (time), if you show you have taken this seriously, then the court is more likely to take you seriously.... |
Forum: Speeding and other Criminal Offences · Post Preview: #1811403 · Replies: 19 · Views: 1,393 |
Posted on: Wed, 13 Mar 2024 - 10:56 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Thanks for the correction. |
Forum: Speeding and other Criminal Offences · Post Preview: #1811371 · Replies: 21 · Views: 1,143 |
Posted on: Wed, 13 Mar 2024 - 10:21 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If you are to argue PoFA wasn't complied with you need to edit your post so as not to give away the driver ID, 'The driver' (no I, we, he or even the dog) drive and you handle the matter as the keeper as that is who they've addressed the PCN to. Perhaps JLC should edit his quote as well! |
Forum: Private Parking Tickets & Clamping · Post Preview: #1811361 · Replies: 10 · Views: 148 |
Posted on: Wed, 13 Mar 2024 - 08:46 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Exactly what i thought, i could always ask, but could they review upon my contact and someone else consider it worthy of straight to court? You say you've already been given the option of 3 points, is that a formal offer (a Conditional Offer of a Fixed penalty) or just a tick box. If it's the former they can't just now 'take away' the offer, if you comply with the terms then they must accept. You can ask, the chances of you seeing anything now are very slim. |
Forum: Speeding and other Criminal Offences · Post Preview: #1811341 · Replies: 5 · Views: 427 |
Posted on: Wed, 13 Mar 2024 - 07:36 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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Forum: Speeding and other Criminal Offences · Post Preview: #1811338 · Replies: 23 · Views: 1,443 |
Posted on: Wed, 13 Mar 2024 - 07:02 | |
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
That was the date of the speeding event. The 28days starts with the day they receive the S172 request. EDIT - misread - ignore. |
Forum: Speeding and other Criminal Offences · Post Preview: #1811336 · Replies: 21 · Views: 1,143 |
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