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southpaw82
Posted on: Yesterday, 21:31


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What do you want to plead not guilty for?
  Forum: Speeding and other Criminal Offences · Post Preview: #1391452 · Replies: 44 · Views: 2,233

southpaw82
Posted on: Yesterday, 20:09


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Remind him of s 154 of the Road Traffic Act 1988.
  Forum: The Flame Pit · Post Preview: #1391424 · Replies: 27 · Views: 520

southpaw82
Posted on: Yesterday, 14:36


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And what do the witness statements say?
  Forum: Speeding and other Criminal Offences · Post Preview: #1391310 · Replies: 11 · Views: 395

southpaw82
Posted on: Sat, 16 Jun 2018 - 22:14


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There should be no argument, legal or otherwise, in a witness statement. You can only (properly) put in a witness statement what you could say from the witness box in court. You cannot make legal argument (or any other type of argument) or tell the court what you think the law is from the witness box, therefore you cannot (should not) do it in a witness statement.

You also need to set it out in accordance with the rules and practice directions - such as numbering your paragraphs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391228 · Replies: 173 · Views: 11,006

southpaw82
Posted on: Sat, 16 Jun 2018 - 20:59


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QUOTE (Motofun99 @ Sat, 16 Jun 2018 - 09:52) *
Tempted to go to the high court but anyone know the cost involved ?


I’ve just taken £10k on account of fees for one.

As an aside, I’ve deleted a lot of posts that were simply bickering again. It seems to happen a lot in this forum. Please don’t.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391215 · Replies: 51 · Views: 2,180

southpaw82
Posted on: Sat, 16 Jun 2018 - 18:29


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QUOTE (Eljayjay @ Sat, 16 Jun 2018 - 19:09) *
It seems to me that what has happened here is that a private car park intended for residents (and, possibly, their visitors) has been turned into a commercial car park because the parking company now offers parking to all comers. [Even though all comers are not really wanted, they are being offered parking, albeit at a heavy price.] So, they are providing a service to the public and must very definitely make reasonable adjustments.

Is that actually what they’re doing, on a proper analysis? Or are they imposing the charges on all comers as a deterrent?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391176 · Replies: 45 · Views: 1,635

southpaw82
Posted on: Sat, 16 Jun 2018 - 12:32


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QUOTE (facade @ Sat, 16 Jun 2018 - 11:09) *
QUOTE (DancingDad @ Sat, 16 Jun 2018 - 10:29) *
But according to TSRGD, it is specific that the restriction only applies on the markings.
Though some adjudicators take a purposeful view that they apply across the highway, centre to edge.


I didn't know that, I thought it was the same as double yellows, centre to edge.
So they would be fine waiting as long as no part of their vehicle overhangs- would it be actual yellow paint, or an imaginary rectangle drawn around the edges of the zig-zags? and they can stop several feet from the kerb if they are not actually parked so the rule about parking close to the kerb won't apply.

"Area of the carriageway” suggests to centreline on a purposive interpretation.
  Forum: The Flame Pit · Post Preview: #1391081 · Replies: 20 · Views: 414

southpaw82
Posted on: Sat, 16 Jun 2018 - 12:27


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QUOTE (Jlc @ Sat, 16 Jun 2018 - 12:06) *
6 triggering a revocation of your licence under new drivers act.

Not if he’s held a licence for 3 years as claimed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1391079 · Replies: 8 · Views: 472

southpaw82
Posted on: Fri, 15 Jun 2018 - 23:37


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QUOTE (Incandescent @ Fri, 15 Jun 2018 - 21:27) *
so the motorists, whilst being very inconsiderate and rude, have actually done nothing illegal.

Rubbish.
  Forum: The Flame Pit · Post Preview: #1391003 · Replies: 20 · Views: 414

southpaw82
Posted on: Fri, 15 Jun 2018 - 17:20


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QUOTE (The Rookie @ Fri, 15 Jun 2018 - 12:28) *
I'm not sure if any have gone as far as PMs

PPCs have.
  Forum: The Flame Pit · Post Preview: #1390880 · Replies: 6 · Views: 237

southpaw82
Posted on: Fri, 15 Jun 2018 - 17:19


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Yeah, that used to attract my attention outside schools... you didn’t want my attention. One woman got herself arrested in similar circumstances when she got my attention.
  Forum: The Flame Pit · Post Preview: #1390878 · Replies: 20 · Views: 414

southpaw82
Posted on: Fri, 15 Jun 2018 - 17:18


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QUOTE (ManxRed @ Fri, 15 Jun 2018 - 10:41) *
Wouldn't 'may' get a ticket (you may get one, you may not) be an ambiguous contract term which should be interpreted in favour of the consumer? So 'you may not' is the 'correct' interpretation?

I realise this is a wild and crazy hypothesis, and am happy for it to be ripped apart.

It’s not a contract term though, is it? It’s simply a mechanism for enforcement of contractual terms, it’s not a term any party is required to follow.
  Forum: The Flame Pit · Post Preview: #1390877 · Replies: 22 · Views: 534

southpaw82
Posted on: Thu, 14 Jun 2018 - 21:15


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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 22:00) *
They can see the emergency call out sign in the window and still ticked us regardless.

Right... so presumably that’s a cost of doing business at that site, right? I agree, it’s pretty stupid for them to ticket someone there to help them and there may be arguments against it if it went to court.
  Forum: The Flame Pit · Post Preview: #1390631 · Replies: 22 · Views: 534

southpaw82
Posted on: Thu, 14 Jun 2018 - 20:54


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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 21:51) *
QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 18:18) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?

I find it very ambiguous,vexatious and open to interpretation.

Does it not simply mean "you might get a ticket, you might not"? What’s wrong with that?
  Forum: The Flame Pit · Post Preview: #1390624 · Replies: 22 · Views: 534

southpaw82
Posted on: Thu, 14 Jun 2018 - 19:28


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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 20:03) *
Is 5 months really the timescale?


No, I just made it up rolleyes.gif

They have 6 months to prosecute you but would need to serve a request for the driver’s details about a month before that, unless they just turned up and asked in person.

QUOTE
I was reading something like 14 daysish?


That would be for a notice of intended prosecution, which is irrelevant for a mobile phone offence.

QUOTE
Guess I probably wont't hear anything - just need to watch over my shoulder for above time period..

And stop using your phone while driving.
  Forum: The Flame Pit · Post Preview: #1390605 · Replies: 7 · Views: 225

southpaw82
Posted on: Thu, 14 Jun 2018 - 18:52


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QUOTE (hustler6969 @ Thu, 14 Jun 2018 - 19:45) *
1) Can they still issue me with a fine and points through the post without having stopped me formally, using pictures etc. (if she took any)?


Yes.

QUOTE
2) If anything does come through the post, how long does it have to be served by before I know I'm in the clear?


About 5 months.

QUOTE
3) If and when they do, do they have to provide evidence,


No.

QUOTE
and can I look/appeal that evidence before accepting the fine and points?


No.

QUOTE
4) If and when they do (and I'm a first time offender of any kind in 2.5 yrs of holding a license) - will they offer me an awareness course?

Maybe.

All that being said I doubt you’ll hear anything.
  Forum: The Flame Pit · Post Preview: #1390599 · Replies: 7 · Views: 225

southpaw82
Posted on: Thu, 14 Jun 2018 - 17:18


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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?
  Forum: The Flame Pit · Post Preview: #1390567 · Replies: 22 · Views: 534

southpaw82
Posted on: Wed, 13 Jun 2018 - 21:44


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£0.01.
  Forum: The Flame Pit · Post Preview: #1390315 · Replies: 31 · Views: 657

southpaw82
Posted on: Wed, 13 Jun 2018 - 21:13


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So if the details were updated on the 14th it was still showing as the previous keeper on the day of the offence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1390293 · Replies: 9 · Views: 850

southpaw82
Posted on: Wed, 13 Jun 2018 - 21:05


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QUOTE (mancboy @ Wed, 13 Jun 2018 - 21:45) *
New member so I hope I'm posting on the correct page!

Nope but I’ve moved it for you.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390290 · Replies: 3 · Views: 60

southpaw82
Posted on: Wed, 13 Jun 2018 - 17:45


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Has the case been allocated to the small claims track? That happens after a directions questionnaire has been filed I believe.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390222 · Replies: 28 · Views: 761

southpaw82
Posted on: Wed, 13 Jun 2018 - 16:55


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QUOTE (nosferatu1001 @ Wed, 13 Jun 2018 - 16:58) *
The clone car form isn't the s172 , so isn't relevant at all, that I am aware of
They appear to be going on it was your car therefore FtF is the correct charge. That's my guess anyway.
Presumably therefore the basis of your defence is that a) it wasn't your car therefore b) you gave all information in your possession, as you were not the keeper

I agree. The question will be whether he gave all information in his power to give.
  Forum: Speeding and other Criminal Offences · Post Preview: #1390214 · Replies: 29 · Views: 2,148

southpaw82
Posted on: Wed, 13 Jun 2018 - 12:25


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Have you searched the forum for ‘draft order’?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390137 · Replies: 28 · Views: 761

southpaw82
Posted on: Wed, 13 Jun 2018 - 12:24


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I was tempted to use my Bluestone 42 meme but couldn’t be arsed from my phone.
  Forum: News / Press Articles · Post Preview: #1390136 · Replies: 7 · Views: 343

southpaw82
Posted on: Wed, 13 Jun 2018 - 12:22


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QUOTE (notmeatloaf @ Wed, 13 Jun 2018 - 11:40) *
Criminal damage has to be caused by someone taking an unreasonable risk. It is obviously reasonable for a council to manage their car park in a way that protects revenue.

It would be for a court to decide if the warning signage and method were reasonable or not.

It’s not criminal damage if the ‘victim’ has consented to their property being damaged.
  Forum: The Flame Pit · Post Preview: #1390135 · Replies: 38 · Views: 1,285

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