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The Rookie
Posted on: Today, 07:56


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Do you have the ‘offence summary’ you mention, it sounds like that was the single justice procedure notice (aka summons) to which you could have plead guilty.

The original paperwork would have told you had 28 days to name the driver or you committed an offence, naming the driver after it’s too late to prosecute them clearly isn’t going to be permitted in the statute.
  Forum: Speeding and other Criminal Offences · Post Preview: #1453385 · Replies: 13 · Views: 359

The Rookie
Posted on: Today, 07:50


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While it’s the previous keepers obligation to notify DVLA of the transfer, you have n obligation to chase it up if you didn’t get the paperwork.

You may well have filled in the form, did the previous keeper send it, was it read correctly etc. We don’t know.

I think HCA is being a bit harsh, but none the less if I didn’t have the V5c after two months I’d be chasing it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453383 · Replies: 14 · Views: 214

The Rookie
Posted on: Yesterday, 16:35


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QUOTE (jiffster @ Sat, 19 Jan 2019 - 14:44) *
So you're saying that because it will amount to 12 points in the last 3 years, I am unable to accept the fixed penalty 3 points and £100? I'll need to go to court is that right?

That’s correct, not least as it has to go to court for the totting ban to be handed out, it’s not ‘automatic’.
  Forum: Speeding and other Criminal Offences · Post Preview: #1453265 · Replies: 7 · Views: 309

The Rookie
Posted on: Fri, 18 Jan 2019 - 18:57


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Still committing the offence, covered or not, able to work or not. Whether it’s in the public interest to prosecute is a different matter.
  Forum: News / Press Articles · Post Preview: #1452991 · Replies: 21 · Views: 602

The Rookie
Posted on: Fri, 18 Jan 2019 - 16:36


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QUOTE (southpaw82 @ Thu, 17 Jan 2019 - 21:30) *
It’s only exempt to the extent that it would prejudice an investigation. I fail to see how it could do so now.

Third party data should not be disclosed unless a balancing exercise has been carried out or it’s for the purposes of (eg) legal proceedings.

I see no bar to the data being released here.

The second point I noted was that information would be in there about the other driver, even if the drivers ID was redacted NML knows their identity so it would disclose information about that person?
  Forum: The Flame Pit · Post Preview: #1452925 · Replies: 296 · Views: 13,595

The Rookie
Posted on: Fri, 18 Jan 2019 - 14:39


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As above, making an innocent mistake is not perverting the course of justice, you’re clearly poorly informed about what it means.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452863 · Replies: 15 · Views: 789

The Rookie
Posted on: Fri, 18 Jan 2019 - 06:59


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Faced with a loss of her current job, and the impossibility of going back to her previous one, pretty much for life, I’d have thought an appeal was inevitable.

Meanwhile she has six months to practice asking people if they ‘want fries with that?’
  Forum: News / Press Articles · Post Preview: #1452715 · Replies: 175 · Views: 8,552

The Rookie
Posted on: Fri, 18 Jan 2019 - 05:56


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I’m not aware of any statute that states a response to an invoice is delivered two days later.
  Forum: The Flame Pit · Post Preview: #1452713 · Replies: 9 · Views: 256

The Rookie
Posted on: Thu, 17 Jan 2019 - 21:24


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Appealing a private parking ticket is not part of a legal process, there is no specified means of appealing or even that you have to appeal, nor that there are any implications of not appealing, it is, after all, just an invoice, as such if you appeal you can use any method that suited you.
  Forum: The Flame Pit · Post Preview: #1452642 · Replies: 9 · Views: 256

The Rookie
Posted on: Thu, 17 Jan 2019 - 21:22


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QUOTE (southpaw82 @ Thu, 17 Jan 2019 - 12:42) *
QUOTE (The Rookie @ Thu, 17 Jan 2019 - 07:24) *
A DPA request was never going anywhere.

Why?

Because AIUI criminal case details are exempted, in addition as NML has the personal details of the driver, anything from the request stating anything about ‘the driver’ and NML would know who it would refer to.
  Forum: The Flame Pit · Post Preview: #1452641 · Replies: 296 · Views: 13,595

The Rookie
Posted on: Thu, 17 Jan 2019 - 20:24


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There are no ‘rules’, as such you can neither comply or not!
  Forum: The Flame Pit · Post Preview: #1452626 · Replies: 9 · Views: 256

The Rookie
Posted on: Thu, 17 Jan 2019 - 20:15


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That’s fair enough.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452620 · Replies: 63 · Views: 3,044

The Rookie
Posted on: Thu, 17 Jan 2019 - 20:14


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It won’t harm, even if it doesn’t help at all either.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452619 · Replies: 15 · Views: 789

The Rookie
Posted on: Thu, 17 Jan 2019 - 07:24


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A DPA request was never going anywhere.

You need to make a formal complaint detailing all the perceived case handling errors that have resulted in what you consider to be a criminal offence going unactioned.

You can also bring in the victims code where they should have kept you informed of what was happening in the investigation and which they failed to do, and that would have allowed you to try and make sure the appropriate action was taken.
  Forum: The Flame Pit · Post Preview: #1452348 · Replies: 296 · Views: 13,595

The Rookie
Posted on: Thu, 17 Jan 2019 - 07:13


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I think most people will consider viewing notifications as a use.

I don’t think expelling the situation you are in and the reason for asking them to inform DVLA as being shady, it’s just trying to make sure everything happens in a logical and easy for everyone to understand order.

The worse you lose by pleading not guilty is 8% of the discount from 33% to 25%.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452346 · Replies: 3 · Views: 409

The Rookie
Posted on: Thu, 17 Jan 2019 - 07:04


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The point here is that it’s a matter of fact whether or not a second S172 was sent, why it was never sent in the offices minds I don’t think is relevant it’s for the court to determine whether they should and what impact it would have made surely.

Plus there is the old adage about not asking a question you don’t know the answer to, the tubby May give a reply that adversely impacts the defence.....

Clearly I never said they should never do it, that’s just being silly.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452344 · Replies: 63 · Views: 3,044

The Rookie
Posted on: Wed, 16 Jan 2019 - 12:22


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Only be changing it physically to either a dual purpose or car qualifying vehicle.
  Forum: The Flame Pit · Post Preview: #1452031 · Replies: 9 · Views: 227

The Rookie
Posted on: Wed, 16 Jan 2019 - 11:39


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But if all that is in the evidence anyway, as I stated above, then no need to call him to confirm it!
  Forum: Speeding and other Criminal Offences · Post Preview: #1452003 · Replies: 63 · Views: 3,044

The Rookie
Posted on: Tue, 15 Jan 2019 - 18:19


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https://www.bbc.com/news/uk-england-lancash...sE0duR-jFOL4KVQ

NHS trust suspends a governor who dares to criticise the new parking regime, a regime so bad that people are queuing for up to half an hour to pay and thus in many cases increasing the fee due.
  Forum: News / Press Articles · Post Preview: #1451766 · Replies: 3 · Views: 126

The Rookie
Posted on: Tue, 15 Jan 2019 - 16:18


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Good news.

And no it’s not uncommon for paperwork including statements to be added to a file and not even looked at..... and that was before ‘austerity’.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451718 · Replies: 103 · Views: 11,351

The Rookie
Posted on: Tue, 15 Jan 2019 - 16:16


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QUOTE (cp8759 @ Tue, 15 Jan 2019 - 14:17) *
QUOTE (The Rookie @ Tue, 15 Jan 2019 - 12:12) *
There is only a reason to ask the police staff to attend if you disagree with their statement. If there is nothing factual in their statement you disagree with you don't need them to attend.

There is a very good reason to cross-examine the police staff in this case, see post 18.

Why? As long as the police record of what they received is accurate it’s for a court to decide if it amounted to a correct response, surely what a camera team clerk thought isn’t relevant?
  Forum: Speeding and other Criminal Offences · Post Preview: #1451716 · Replies: 63 · Views: 3,044

The Rookie
Posted on: Tue, 15 Jan 2019 - 12:28


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So this is a residential case, what provides you the right to park there? Do you pay for a permit or is it just displayed for their convenience as you have a right to park their anyway?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1451617 · Replies: 11 · Views: 268

The Rookie
Posted on: Tue, 15 Jan 2019 - 12:22


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I'd disagree with that, 14(2)ii refers to the leaving or placing of the vehicle, its stretch to say that includes leaving a piece of paper in the window, especially as the initial placing and leaving occurred before you could possible display anyway, making every P&D driver guilty before they can even obtain a ticket.

though that response was pretty predictable.

14(3) - nope, not a chance.
  Forum: The Flame Pit · Post Preview: #1451611 · Replies: 27 · Views: 801

The Rookie
Posted on: Tue, 15 Jan 2019 - 12:12


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There is only a reason to ask the police staff to attend if you disagree with their statement. If there is nothing factual in their statement you disagree with you don't need them to attend.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451605 · Replies: 63 · Views: 3,044

The Rookie
Posted on: Tue, 15 Jan 2019 - 09:05


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He's right.
  Forum: Speeding and other Criminal Offences · Post Preview: #1451532 · Replies: 103 · Views: 11,351

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