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andy_foster
Posted on: Thu, 17 May 2018 - 23:31


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QUOTE (Michael Gibson @ Thu, 17 May 2018 - 17:34) *
I've got a 2015 Dacia Sandero


Good news!
  Forum: The Flame Pit · Post Preview: #1383052 · Replies: 9 · Views: 266

andy_foster
Posted on: Tue, 15 May 2018 - 21:21


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QUOTE (friablebanana @ Tue, 15 May 2018 - 19:30) *
Said email contained contents from the police of an intent to prosecute over a speeding offence along with a PCN number date and time.


I very much doubt that a NIP had a PCN number.
  Forum: Speeding and other Criminal Offences · Post Preview: #1382438 · Replies: 13 · Views: 616

andy_foster
Posted on: Sun, 13 May 2018 - 21:42


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Presumably you are asking whether it was "a road or other public place" at the time of the incident, and implying that it is not?
  Forum: The Flame Pit · Post Preview: #1381891 · Replies: 28 · Views: 771

andy_foster
Posted on: Wed, 2 May 2018 - 20:16


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QUOTE (45azam @ Wed, 2 May 2018 - 20:44) *
Question: is there any grounds to retrospectively appeal the prosecution based on it being time barred? or has the ship sailed as I accepted it at the time?


No, no, no and no.

And please don't start new threads for existing cases.
  Forum: Speeding and other Criminal Offences · Post Preview: #1379244 · Replies: 10 · Views: 1,478

andy_foster
Posted on: Sun, 29 Apr 2018 - 08:44


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QUOTE (Strongbowpeter @ Fri, 27 Apr 2018 - 07:49) *
Hi a truck hit a car and pushed 2 cars together and into the front of mine then drive off,the cctv shows the CZ registered number plate of the trailer but not the polish plate of the the tractor number,the car that was pushed into mine was on PL number plates and my car cam shows her returning to her car looking at the damage to hers and my car then driving off without leaving her details,I have her reg number,who do I claim from?the truck that hit her car or her for hitting my car even though she wasn’t in it.


The fact that her car hit yours is largely irrelevant. Liability would be under negligence, and on the face of it she was not negligent.
  Forum: The Flame Pit · Post Preview: #1378328 · Replies: 15 · Views: 744

andy_foster
Posted on: Wed, 25 Apr 2018 - 21:21


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QUOTE (The Rookie @ Wed, 25 Apr 2018 - 12:58) *
Its scientifically illiterate to suggest its the case, maybe they could speak to people that actually work on cars and controlling pollution to establish facts!


It's
  Forum: News / Press Articles · Post Preview: #1377419 · Replies: 32 · Views: 1,042

andy_foster
Posted on: Tue, 24 Apr 2018 - 21:49


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QUOTE (ljwats @ Tue, 24 Apr 2018 - 22:29) *
QUOTE
You sent off the s. 172 form naming your partner. They received and processed that form.
An s. 172 requirement was sent to your partner. We do not know whether it was sent to the correct address, whether it was lost in the post, or whether he simply buried his head in the sand.


They received it, but nothing was sent to his address. He assures me he did not just ignore it ( I have asked)


Please don't 'invent' facts. How can you know that nothing was sent to his address? There is a clue in my comment above.

QUOTE
Who would send the s172? would it be the same people as the court letter?


The s. 172 requirement (NIP) would be sent by the police (CTO or SCP).

QUOTE
I am confused why the MS90 is failing to give information on the identity of the driver, which is incorrect as we did give the details of the driver or how else would they have fined him?


There is no "we". You received a requirement under s. 172 to name the driver, which you apparently did. A subsequent and separate requirement was apparently sent to your partner, and he didn't. The system requires the driver to admit to being the driver in order to prove that he was driving.



QUOTE
QUOTE
They would have his address and his name as the original NIP was sent to me.. so they must have had his details to fine him.. as I got nothing after that
“They" don’t just fine him though, he needs to accept it first.


The have, the only correspondence he has has was the original NIP which was address to me as the car in in my name. This was sent back with his name on... unless they have taken that as acceptance? I thought that they would have to issue a new NIP in his name ??


There are too many "they"s. Presumably Southpaw is talking about accepting a fixed penalty from the police - which would have required him to accept it by paying the fixed penalty and sending off his licence. The court can and did fine him after convicting him in his absence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1377083 · Replies: 24 · Views: 1,574

andy_foster
Posted on: Tue, 24 Apr 2018 - 21:07


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https://www.youtube.com/watch?v=RybNI0KB1bg
  Forum: The Flame Pit · Post Preview: #1377065 · Replies: 55 · Views: 2,221

andy_foster
Posted on: Tue, 24 Apr 2018 - 21:05


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QUOTE (ljwats @ Tue, 24 Apr 2018 - 21:50) *
They would have his address and his name as the original NIP was sent to me.. so they must have had his details to fine him.. as I got nothing after that


Based on what you have told us...

You sent off the s. 172 form naming your partner. They received and processed that form.
An s. 172 requirement was sent to your partner. We do not know whether it was sent to the correct address, whether it was lost in the post, or whether he simply buried his head in the sand.
A reminder is likely to have been sent when no response was received. We still don't know what we didn't know previously.
An SJPN would have been issued for the s. 172 offence (and possibly the red light offence). We still don't know what we didn't know previously.

In general, we find that having an intermediary give their version of what they think the person concerned told them does not help as much as the intermediary might think. A first hand account is often far better. (Send three and fourpence, we're going to a dance).
  Forum: Speeding and other Criminal Offences · Post Preview: #1377064 · Replies: 24 · Views: 1,574

andy_foster
Posted on: Tue, 24 Apr 2018 - 20:53


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QUOTE (The Rookie @ Tue, 24 Apr 2018 - 21:29) *
He should be able to do a plea bargain to the red light offence in lieu of the MS90 which will be a lower fine, less points, and less impact on insurance costs.

I’m guessing a mistake was made in transcribing the adddress somewhere, not that it’s relevant.


The OP's partner has been convicted in his absence of failing to provide the driver's details. If the NIP/s. 172 was sent to the wrong address, that would seem to be kinda relevant.
*If* he has a solid defence to the s. 172 charge, I would not recommend a plea bargain. If he does not have a viable defence, I would.

And you owe me a new irony meter - a mistake in transcibing the adddress...

BTW, for discrete quantities, it is "fewer", not "less".
  Forum: Speeding and other Criminal Offences · Post Preview: #1377057 · Replies: 24 · Views: 1,574

andy_foster
Posted on: Tue, 24 Apr 2018 - 16:45


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QUOTE (notmeatloaf @ Tue, 24 Apr 2018 - 14:09) *
In many years of driving I cannot ever remember inadvertently driving into a bus lane.


Is this a commentary on your excellent observation skills, or your poor memory?

I have once inadvertently illegally driven in a bus lane. I knew that it was a bus lane, I just forgot that I wasn't on my bike (proper one for grown ups).
  Forum: The Flame Pit · Post Preview: #1376981 · Replies: 22 · Views: 715

andy_foster
Posted on: Tue, 24 Apr 2018 - 09:07


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QUOTE (Fredd @ Mon, 23 Apr 2018 - 21:54) *
I do wonder what world you live in if you think it's exceptional to encounter a vehicle travelling at 100mph on a motorway, or that it could never be safe.


The clue is in his avatar (and the stuff he posts).
  Forum: The Flame Pit · Post Preview: #1376831 · Replies: 55 · Views: 2,221

andy_foster
Posted on: Tue, 24 Apr 2018 - 07:33


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The point of SRNTE is that otherwise the court would be required by statute to endorse the filthy crminal's licence, even if they found that he was only 'technically' guilty and did not deserve to be punished. There is no requirement to fine the accused - they could give an absolute discharge if they felt that that was appropriate.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376810 · Replies: 11 · Views: 1,326

andy_foster
Posted on: Mon, 23 Apr 2018 - 20:26


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On the face of it, the OP does not have a defence. However, that was not the question he asked.

The real question is whether or not he has a realistic chance of the court finding special reasons not to endorse.
  Forum: Speeding and other Criminal Offences · Post Preview: #1376747 · Replies: 11 · Views: 1,326

andy_foster
Posted on: Thu, 19 Apr 2018 - 08:24


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QUOTE (Jlc @ Wed, 18 Apr 2018 - 18:13) *
I can’t see a basis for a defence.


QUOTE (kanikuly77 @ Wed, 18 Apr 2018 - 14:40) *
I was guaranteed that it won't go to court and that I can still attend the Speeding awarness course, and also confirmed that the 7 days extension period was logged on the system and attached to my case.


Abuse of process (albeit weaker than a cup of British Rail tea).

That said, my money's on a combination of the OP's version of events being as accurate as a witness statement from Jeffrey Archer and the unnamed solicitors being equally honest and accurate.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375553 · Replies: 22 · Views: 1,680

andy_foster
Posted on: Tue, 17 Apr 2018 - 19:38


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QUOTE (martynd7 @ Tue, 17 Apr 2018 - 19:49) *
Can anyone tell me why I haven't been given the choice of a speed awareness course


No.

edit: Yes, you were going too fast - limit for SACs is 10% + 9mph over the limit.
  Forum: Speeding and other Criminal Offences · Post Preview: #1375183 · Replies: 10 · Views: 652

andy_foster
Posted on: Fri, 13 Apr 2018 - 19:33


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Off the top of my head, where applicable, second class is deemed served 5 days after posting (or possibly on the following working day if day 5 is not a working day), unless the contrary is proven.
  Forum: Speeding and other Criminal Offences · Post Preview: #1374295 · Replies: 31 · Views: 3,332

andy_foster
Posted on: Mon, 9 Apr 2018 - 19:39


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QUOTE (coffee pot @ Mon, 9 Apr 2018 - 20:20) *
I have now reviewed the paperwork. It states a printing date of 26/3/18,


Does it really?
  Forum: Speeding and other Criminal Offences · Post Preview: #1373084 · Replies: 88 · Views: 5,864

andy_foster
Posted on: Sun, 8 Apr 2018 - 12:21


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QUOTE (coffee pot @ Sun, 8 Apr 2018 - 12:44) *
I received a letter dated 26 March 2018 with a summons for exceeding the speed limit and a contravention of S172 - not identifying the driver.



QUOTE (coffee pot @ Sun, 8 Apr 2018 - 13:01) *
Thank you - I don't want to focus on the letter at this stage, just the timing.


If you want people to give up their own time providing free legal advice on your case one issue at a time, perhaps you could start by giving us the relevant facts, not making stuff up - assuming of course that you have not actually received a summons.
  Forum: Speeding and other Criminal Offences · Post Preview: #1372793 · Replies: 88 · Views: 5,864

andy_foster
Posted on: Sat, 7 Apr 2018 - 22:02


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They have to be "issued" within 6 months. The law has not yet stated what exactly "issued" means, but when it does it will almost certainly not mean "served".
  Forum: Speeding and other Criminal Offences · Post Preview: #1372710 · Replies: 27 · Views: 3,925

andy_foster
Posted on: Sat, 7 Apr 2018 - 21:57


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QUOTE (Blue23 @ Fri, 6 Apr 2018 - 22:00) *
Hi all, I’m new here so please excuse any stupidity in terms of my questions. smile.gif


As Mr Garrison, famously said, "there are no stupid questions"...

QUOTE
I have today received a NIP stating I was doing 91mph on a dual carriage way at the end of May. Now, I don’t dispute that I was speeding and am an absoltue idiot for doing so no excuses! However I know for a fact that I was not doing 91mph purely because i looked at my speedometer as soon as I turned the bend and saw thee van and saw it between 80-85. So my question is how accurate are these cameras?


You seem to have beaten me to the punchline. However, the obvious answer is that your question is simply utterly irrelevant for the reasons others have already given. The fixed penalty that you will be offered is the same for both speeds. As you "know for a fact" that you were not doing that speed, then clearly the camera must have been inaccurate, but I very much dount that you would be able to persuade anyone other than yourself of that "fact".

QUOTE
Could my own speedometer be out by that much?


Anything is possible. You would be committing a construction and use offence if your speedo was under-reading. However, it seems far more likely that your assessment that you are an idiot is correct than that your speedo actually is under-reading. The easiest way to test it would be to compare it to the speed displayed on a sat-nav.

QUOTE
I no I am wrong for speeding, my own fault for being distracted and tired. No excuses at all and I understand I need to pay a fine and receive points buy after research the 91 puts me into the next bracket according to new legislation. Now that would mean I was being further penalised.


As has been stated, your understanding is flawed (not helped by the deliberately misleading headlines in the mass media).

QUOTE (The Rookie @ Sat, 7 Apr 2018 - 10:33) *
You can not plead not guilty to the offence of speeding (the actual speed only determines the punishment) as you’ve admitted it


Whilst I do not think it is prudent for the OP to plead not guilty, I am slightly concerned that there appears to be a significant gap in my own understanding of the law pertaining to the prohibition of persons admitting to an offence on an online forum from pleading not guilty.
  Forum: Speeding and other Criminal Offences · Post Preview: #1372709 · Replies: 28 · Views: 1,737

andy_foster
Posted on: Sat, 7 Apr 2018 - 21:36


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QUOTE
(3) Where a relevant prosecutor issues a written charge and a requisition, the written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.


If "issue" means "serve", the first part of this requirement would appear to be somewhat otiose.
  Forum: Speeding and other Criminal Offences · Post Preview: #1372704 · Replies: 76 · Views: 5,608

andy_foster
Posted on: Tue, 3 Apr 2018 - 23:39


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He lives in 'the big house'? No mention of that on Fox News...
  Forum: The Flame Pit · Post Preview: #1371718 · Replies: 466 · Views: 54,707

andy_foster
Posted on: Tue, 3 Apr 2018 - 23:33


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Ahh. It makes sense now (other than why the OP put Scotland - but OPs say strange things).
  Forum: Speeding and other Criminal Offences · Post Preview: #1371716 · Replies: 6 · Views: 649

andy_foster
Posted on: Tue, 3 Apr 2018 - 22:56


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QUOTE (southpaw82 @ Tue, 3 Apr 2018 - 16:28) *
Name the (most likely) driver without equivocation or defend the matter in court.


If the most likely driver is 'uncooperative', simply naming them without any equivocation, qualification of explanation could be problematic - unless the OP can rely on the prosecution being unable to prove that he did not name the driver.
  Forum: Speeding and other Criminal Offences · Post Preview: #1371710 · Replies: 7 · Views: 735

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