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Jlc
Posted on: Today, 09:37


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POPLA will rule with Smart.

If you hadn't admitting driving then you probably had a dead cert winner.

Personally, I wouldn't pay them - Smart are not currently litigious but they do have 6 years to pursue you.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1462881 · Replies: 2 · Views: 53

Jlc
Posted on: Today, 08:37


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The s172 request to name the driver has to be complied with, regardless of any potential timing issue with the NIP. (Although there's probably a valid reason and the '14 day defence' doesn’t apply)

Upon receiving the request you are to use reasonable diligence to identify the driver. If after using this diligence you cannot identify the driver then the matter will go to court. If you can show the court you did not know who was driving and could not identify them with the aforementioned diligence then you'll walk. Otherwise, as already noted it's 6 points, a large fine, costs (>£300), surcharge and insurance bashing MS90 endorsement.

I suggest you think carefully before responding. A request at 2 months, in itself, is not a defence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1462869 · Replies: 4 · Views: 161

Jlc
Posted on: Fri, 15 Feb 2019 - 17:50


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What did the signs say?

(I presume they said something about paying within X mins of arriving)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1462545 · Replies: 4 · Views: 83

Jlc
Posted on: Thu, 14 Feb 2019 - 13:08


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QUOTE (BA1N @ Thu, 14 Feb 2019 - 12:46) *
so basically im ****** then

No, I think you'll end up on 9 points temporarily. (And won't tot nor be revoked as you have had your licence over 2 years)
  Forum: Speeding and other Criminal Offences · Post Preview: #1462155 · Replies: 8 · Views: 772

Jlc
Posted on: Thu, 14 Feb 2019 - 12:45


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QUOTE (525-joe @ Thu, 14 Feb 2019 - 11:28) *
"as a gesture of goodwill" they have cancelled the ticket

Yeah, right... laugh.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1462143 · Replies: 6 · Views: 182

Jlc
Posted on: Thu, 14 Feb 2019 - 12:44


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QUOTE (The Rookie @ Thu, 14 Feb 2019 - 09:56) *
You don’t need representation for an exceptional hardship plea, you can do it yourself.

That is true - there's a train of thought that it comes best from the individual being impacted.

However, some people may feel uncomfortable with the process and would like representation. Some have claimed the representation 'saved their licence' - but the facts alone are either truly exceptional, or not.
  Forum: Speeding and other Criminal Offences · Post Preview: #1462142 · Replies: 26 · Views: 2,557

Jlc
Posted on: Thu, 14 Feb 2019 - 12:42


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QUOTE (BA1N @ Thu, 14 Feb 2019 - 12:28) *
by expire I mean it will be 3 years since the first points (March 21 2016)

Ok, but just to reiterate - it's the date of the offence that's important in these matters. (So getting past the date of expiry doesn't necessarily help for some matters such as totting)
  Forum: Speeding and other Criminal Offences · Post Preview: #1462139 · Replies: 8 · Views: 772

Jlc
Posted on: Thu, 14 Feb 2019 - 08:49


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QUOTE (The Rookie @ Thu, 14 Feb 2019 - 06:33) *
...the 85 could well receive 6 points

That should also be a fixed penalty too?

QUOTE (BA1N @ Thu, 14 Feb 2019 - 01:37) *
The 3 points currently on my license are about to expire on the 21/03/2019 which is only a month away.

How long have you had your licence?
  Forum: Speeding and other Criminal Offences · Post Preview: #1462058 · Replies: 8 · Views: 772

Jlc
Posted on: Wed, 13 Feb 2019 - 21:42


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Has the limit changed on the road recently? Have speed camera's just been enabled?

In the worst case scenario you will tot (12 points). You will have the opportunity to submit an exceptional hardship (EH) plea to reduce than ban, potentially to none.

However, the impact on others carries more weight - losing your job, in itself, is unlikely to amount to EH. You need to consider alternative transport - or show it's impractical etc.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461986 · Replies: 8 · Views: 588

Jlc
Posted on: Wed, 13 Feb 2019 - 18:57


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Guidance is 6 points either way.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461928 · Replies: 23 · Views: 933

Jlc
Posted on: Wed, 13 Feb 2019 - 18:29


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QUOTE (mdann52 @ Wed, 13 Feb 2019 - 17:53) *
That letter is dated 23/1, so from my maths is just within the 6 months of the offence... So in theory they may still just be in time if they laid charges already (albet they had 3 days to do so so have probably run out of time in any case)

The letter gives 7 days - taking it past 6 months.

Could they start proceedings in anticipation? (Given a non-enforcement period appears to be in place)

Anyway, the ball is in their court but I expect to hear nothing...
  Forum: Speeding and other Criminal Offences · Post Preview: #1461914 · Replies: 6 · Views: 393

Jlc
Posted on: Wed, 13 Feb 2019 - 17:56


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As it's a totting ban then the matter would have to go to court to submit an exceptional hardship plea.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461903 · Replies: 26 · Views: 2,557

Jlc
Posted on: Wed, 13 Feb 2019 - 13:01


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It's not unusual for a CoFP to still be issued even when it's beyond the limitation period. (More in hope)

You can pay and accept the points if you wish. But I think you may want to consider ignoring their kind offer.

They had 6 months to commence a prosecution from the offence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1461776 · Replies: 6 · Views: 393

Jlc
Posted on: Tue, 12 Feb 2019 - 20:49


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Yes, they can access the DVLA and the lease company can provide your details.

You can appeal with what you like but they will reject.

I would guess the signs say the badge had to be displayed?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1461578 · Replies: 9 · Views: 163

Jlc
Posted on: Tue, 12 Feb 2019 - 12:43


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QUOTE (flossykazzie @ Tue, 12 Feb 2019 - 12:36) *
As I understand it, the council has issued this fine and you cannot fight the council or the police and have to pay.

If it was a council PCN then this thread needs to be in a different part of the forum.

Please confirm who issued it - if it says 'penalty' then it probably was the council.

There may still be ways to 'fight'.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461374 · Replies: 9 · Views: 174

Jlc
Posted on: Tue, 12 Feb 2019 - 12:39


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It's better than some of the info that's spread, particularly the 'ignore' brigade. YMMV.
  Forum: News / Press Articles · Post Preview: #1461372 · Replies: 3 · Views: 172

Jlc
Posted on: Tue, 12 Feb 2019 - 11:53


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QUOTE (The Rookie @ Tue, 12 Feb 2019 - 11:18) *
The one area I see where I think it could be improved is residential, POPLA should be able to accept that the landholder is and that the PPC doesn't have the required landholder consent to operate.

Anecdotally at least, the majority of residential cases seem to be IPC where POPLA is not available. Likewise, most residential tickets seem to head to a claim - it seems good business to sue residents parking in the their own car parks (even gated one with fob only access!)
  Forum: The Flame Pit · Post Preview: #1461344 · Replies: 5 · Views: 223

Jlc
Posted on: Tue, 12 Feb 2019 - 10:48


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QUOTE (The Rookie @ Tue, 12 Feb 2019 - 09:34) *
I'd disagree with JLC, they are working on THEIR presumption you were the driver, and that presumption can clearly exist, but their is no presumption in law which I think is what he's thinking of.

Yes, in law.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1461304 · Replies: 21 · Views: 676

Jlc
Posted on: Tue, 12 Feb 2019 - 08:40


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QUOTE (Flakiesmum @ Tue, 12 Feb 2019 - 08:06) *
Our Client will aver that you were the driver as this presumption has not been rebutted

There is no such presumption. It is not for the defendant to rebut.

Either they can pursue the keeper because they have complied with the Protection of Freedoms Act or they have to show on the balance of probabilities that the keeper was driving.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1461261 · Replies: 21 · Views: 676

Jlc
Posted on: Mon, 11 Feb 2019 - 22:29


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That excess is band C. So 6 points is guidance along with a fine of a week's earnings, costs of £85 and surcharge of 10% of the fine (min £30).

Did you submit a MC100?
  Forum: Speeding and other Criminal Offences · Post Preview: #1461199 · Replies: 23 · Views: 933

Jlc
Posted on: Mon, 11 Feb 2019 - 12:57


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QUOTE (tryingmybest @ Mon, 11 Feb 2019 - 12:33) *
...and that such terms and conditions were sufficiently brought to the attention of the Defendant without his being present on the site.

I would presume they are relying upon the Protection of Freedoms Act to pursue the keeper?

The driver can only ever be the one to accept the contract (if there was one on offer). Under PoFA they can pursue the keeper for the driver's unpaid parking charge. (It doesn't mean the keeper has to have accepted the terms)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1460944 · Replies: 31 · Views: 589

Jlc
Posted on: Mon, 11 Feb 2019 - 12:54


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QUOTE (Steve.p @ Mon, 11 Feb 2019 - 12:09) *
UKCPS have my new address the original PCN went there so I don't know what DRP are playing at but I don't want the old lady worrying at that address!

DRP are totally ignorable. But there's potentially some fun to be had about why they are processing incorrect information...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1460941 · Replies: 12 · Views: 176

Jlc
Posted on: Mon, 11 Feb 2019 - 12:48


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QUOTE (pendingnip @ Mon, 11 Feb 2019 - 10:52) *
There is no valid reason I know of as to why I am only just being informed now. The car is registered in my name, there was no accident, and I have been clocked by a parked van (on the opposite side of the road).

From my research I feel this NiP falls under time-barred. Am I correct in saying this?

Yes, no, maybe. A NIP is simply a notice - it cannot be 'barred'. The s172 request to name the driver has no such time limit and must be complied with.

It would be unlikely that this notice is the first. But for the sake of completeness get your V5C - ensure the address is 100% correct. Also, check what the documentation reference date at the bottom of page 2 is (in DD MM YY format) - this is when the DVLA had your details on file. A request prior to this date will see previous details returned.

QUOTE (pendingnip @ Mon, 11 Feb 2019 - 10:52) *
What are my next steps? Do I still need to nominate a driver first off, or do I simply need to reply to the NiP?

At this time your only obligation is to name the driver - do so.

The driver will receive their own s172 request to confirm they were driving. If that driver wanted to pursue the 'late' NIP matter then they would likely have to elect for a court hearing. (Bearing in mind that excess just qualifies for a fixed penalty of 3 points £100) Taking the matter to court could be costly in both points and fine/costs unless the 1st NIP really was late. It's not impossible but there's probably an explanation.
  Forum: Speeding and other Criminal Offences · Post Preview: #1460940 · Replies: 4 · Views: 346

Jlc
Posted on: Mon, 11 Feb 2019 - 10:51


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QUOTE (NeedQuickAdvice @ Mon, 11 Feb 2019 - 10:09) *
Obviously a lot of people advise I don't have to pay because they're private and they're not going to take me to court.

That's not necessarily true but as noted having the outstanding tickets may in the long run work against you big time. Let's have a look at a redacted Notice to Keeper they've sent - I presume a PCN was placed on the car at the time?

QUOTE (NeedQuickAdvice @ Mon, 11 Feb 2019 - 10:09) *
Obviously they don't know who was driving the car and I'm not obliged to tell them (there are two named drivers on my car)

If they have complied with the Protection of Freedoms Act they can pursue the keeper, regardless of who may have been driving.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1460881 · Replies: 3 · Views: 86

Jlc
Posted on: Sun, 10 Feb 2019 - 22:56


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Basically it's your 'error' which caused the issue - although it's strictly unconnected with the offence itself they may not be minded to impose a fixed penalty equivalent sentence. (But don't ask, don't get)
  Forum: Speeding and other Criminal Offences · Post Preview: #1460789 · Replies: 35 · Views: 2,644

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