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southpaw82
Posted on: Yesterday, 15:31


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Other than delaying the commencement of any ban.
  Forum: Speeding and other Criminal Offences · Post Preview: #1453243 · Replies: 23 · Views: 997

southpaw82
Posted on: Yesterday, 15:03


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You can ask them for anything you like. However, they are not obliged to provide you with anything. Strictly speaking there is no obligation to serve an NIP on you at all so you ought to concentrate on the s 172 notice requiring you to name the driver. Miss that and it’s 6 points and a bigger fine than speeding.
  Forum: Speeding and other Criminal Offences · Post Preview: #1453230 · Replies: 23 · Views: 997

southpaw82
Posted on: Fri, 18 Jan 2019 - 19:18


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QUOTE (The Rookie @ Fri, 18 Jan 2019 - 16:36) *
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?



QUOTE (cp8759 @ Fri, 18 Jan 2019 - 18:18) *
QUOTE (The Rookie @ Fri, 18 Jan 2019 - 16:36) *
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?

Exactly that, the only way to get the information under DPA would be if the driver consented to the data being disclosed.

This is what the UK ICO says

QUOTE
Responding to a subject access request may involve providing information that relates both to the individual making the request and to another individual.

The DPA 2018 says that you do not have to comply with the request if it would mean disclosing information about another individual who can be identified from that information, except if:

the other individual has consented to the disclosure; or
it is reasonable to comply with the request without that individual’s consent.
In determining whether it is reasonable to disclose the information, you must take into account all of the relevant circumstances, including:

the type of information that you would disclose;
any duty of confidentiality you owe to the other individual;
any steps you have taken to seek consent from the other individual;
whether the other individual is capable of giving consent; and
any express refusal of consent by the other individual.
So, although you may sometimes be able to disclose information relating to a third party, you need to decide whether it is appropriate to do so in each case. This decision will involve balancing the data subject’s right of access against the other individual’s rights. If the other person consents to you disclosing the information about them, then it would be unreasonable not to do so. However, if there is no such consent, you must decide whether to disclose the information anyway.

For the avoidance of doubt, you cannot refuse to provide access to personal data about an individual simply because you obtained that data from a third party. The rules about third party data apply only to personal data which includes both information about the individual who is the subject of the request and information about someone else.


It would be for the data controller, initially, to decide whether it was reasonable to release the data in the circumstances without explicit consent. Now, that’s not to say that it must or even should be released but it is indeed possible.
  Forum: The Flame Pit · Post Preview: #1452996 · Replies: 296 · Views: 13,595

southpaw82
Posted on: Fri, 18 Jan 2019 - 19:10


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QUOTE (rk001 @ Fri, 18 Jan 2019 - 16:20) *
surely a breach of the code invalidates their right to collect on a PCN?

Why? They’re not collecting on a PCN they’re (potentially) suing for a breach of contract (normally). You seem confused with the council PCN process.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452994 · Replies: 13 · Views: 222

southpaw82
Posted on: Fri, 18 Jan 2019 - 13:37


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QUOTE (rk001 @ Fri, 18 Jan 2019 - 12:59) *
Thanks for the advice everyone. Much appreciated. The company is parking Eye.

Church mouse, the location was on the PCN. From what I understand, if the information on that is incorrect then the PCN is invalid, though I'm happy to be corrected. A technicality I know, but still worth pursuing this point?

That may be the case in respect of a proper penalty charge notice issued by the council but this is not a statutory regime.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452832 · Replies: 13 · Views: 222

southpaw82
Posted on: Fri, 18 Jan 2019 - 13:31


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The registered keeper should receive it within 14 days.
  Forum: The Flame Pit · Post Preview: #1452826 · Replies: 5 · Views: 161

southpaw82
Posted on: Fri, 18 Jan 2019 - 13:26


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Merely having them fitted is an offence IIRC.
  Forum: News / Press Articles · Post Preview: #1452821 · Replies: 21 · Views: 602

southpaw82
Posted on: Fri, 18 Jan 2019 - 10:44


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QUOTE (cp8759 @ Fri, 18 Jan 2019 - 10:37) *
All that being said, Korting you need to appreciate you need actual evidence before you can start throwing accusations like that around. If you could prove the FPN was wrongly and maliciously issued a case for PCOJ could be made (send me the evidence and I'll prosecute them myself), but unless there's something like a recording of the officers admitting they're issuing an FPN without any grounds for doing so, a prosecution against them would have absolutely zero chances of success, and rightly so (We can't say the officers didn't make an innocent mistake)

This. Baseless claims of PCOJ help nobody.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452759 · Replies: 14 · Views: 789

southpaw82
Posted on: Fri, 18 Jan 2019 - 00:20


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QUOTE (Redivi @ Fri, 18 Jan 2019 - 00:16) *
Small Claims court decides on the balance of probabilities - better than 50:50
It doesn't need forensic standards of proof

Letter : Free certificate of sending from Post Office. First class deemed delivered two business days later unless PPC proves it wasn't
Email : Blind copy to a second address. Court can assume that copy to PPC was received
On-line : Screenshots of appeal and acknowledgement

Almost all civil claims are decided on the balance of probabilities, that is no different in small claims as it is in the High Court. And it certainly does need a “forensic standard of proof”, which simply means proof in court on the balance of probabilities.

What authority are you using to say that a letter is deemed delivered two days later - there are several and each depends on the circumstances.
  Forum: The Flame Pit · Post Preview: #1452705 · Replies: 9 · Views: 256

southpaw82
Posted on: Thu, 17 Jan 2019 - 23:02


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QUOTE (666 @ Thu, 17 Jan 2019 - 21:58) *
QUOTE
I do it for free because it’s a faff doing an invoice for such a small transaction. CBA.

Every time (3 times over the years) I’ve had to swear an affidavit or have a document witnessed, the fiver has gone straight into the solicitor’s back pocket, with no mention of paperwork. No doubt it was done retrospectively to ensure that the appropriate tax was paid.

Technically it’s a reward for exercising a personal office so it doesn’t have to go through the firm’s books but still... Most of the ones I do are for other lawyers anyway (you can’t administer an oath for your own client or anyone in your firm) so it’s quid pro quo.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452680 · Replies: 27 · Views: 1,684

southpaw82
Posted on: Thu, 17 Jan 2019 - 21:52


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It depends on how they have admitted liability. It’s often admitted solely for the purposes of negotiation, which means it can be denied at any time if negotiations break down.
  Forum: The Flame Pit · Post Preview: #1452657 · Replies: 296 · Views: 13,595

southpaw82
Posted on: Thu, 17 Jan 2019 - 21:51


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QUOTE (Korting @ Thu, 17 Jan 2019 - 21:42) *
it could also be considered as attempting to Pervert the Course of Justice.

Considered by whom?
  Forum: Speeding and other Criminal Offences · Post Preview: #1452656 · Replies: 14 · Views: 789

southpaw82
Posted on: Thu, 17 Jan 2019 - 21:30


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QUOTE (The Rookie @ Thu, 17 Jan 2019 - 21:22) *
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.

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.
  Forum: The Flame Pit · Post Preview: #1452645 · Replies: 296 · Views: 13,595

southpaw82
Posted on: Thu, 17 Jan 2019 - 18:18


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That will vary depending upon the applicable rules, the purpose and the facts.
  Forum: The Flame Pit · Post Preview: #1452543 · Replies: 9 · Views: 256

southpaw82
Posted on: Thu, 17 Jan 2019 - 17:22


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QUOTE (Churchmouse @ Thu, 17 Jan 2019 - 17:21) *
QUOTE (Jlc @ Thu, 17 Jan 2019 - 17:07) *
Alternatively, you can perform a SD in a number of ways. Most notably at a local Solicitor that can simply witness you statement - if they don't do it for free there might be a nominal charge (<£10).

You can then deliver the witnessed statement to the court.

Most solicitors are happy to do this FOC for people they know, or work with--or hope to land as a client at some point (it's a minor hassle, but only takes a minute). Having a "stamp" makes the process a lot simpler, but many solicitors already have one in their desk drawer somewhere...

--Churchmouse

I do it for free because it’s a faff doing an invoice for such a small transaction. CBA.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452509 · Replies: 27 · Views: 1,684

southpaw82
Posted on: Thu, 17 Jan 2019 - 12:43


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QUOTE (typefish @ Thu, 17 Jan 2019 - 11:30) *
QUOTE (cp8759 @ Wed, 16 Jan 2019 - 14:45) *
Indeed, what about the horse riders that pretty much look like cops.


ftfy

The “POLITE” on their vests is interesting.
  Forum: News / Press Articles · Post Preview: #1452411 · Replies: 21 · Views: 602

southpaw82
Posted on: Thu, 17 Jan 2019 - 12:42


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

Why?
  Forum: The Flame Pit · Post Preview: #1452410 · Replies: 296 · Views: 13,595

southpaw82
Posted on: Wed, 16 Jan 2019 - 21:21


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“Dropped” is not the same as “cannot be convicted”, you do understand that?
  Forum: Speeding and other Criminal Offences · Post Preview: #1452286 · Replies: 12 · Views: 710

southpaw82
Posted on: Wed, 16 Jan 2019 - 18:47


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You know they don’t have it... but if they do have it it’s inadmissible?
  Forum: Speeding and other Criminal Offences · Post Preview: #1452243 · Replies: 22 · Views: 1,238

southpaw82
Posted on: Wed, 16 Jan 2019 - 15:30


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Any non-compliance by the police with the 14 day notice requirement (which is what I think you are alluding to) would only be a defence to the speeding charge. It would not be a defence to the failure to name charge.

You may be better off attending court and speaking to the prosecution and offering to plead guilty to the speeding if they withdraw the fail to name offence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452152 · Replies: 12 · Views: 710

southpaw82
Posted on: Wed, 16 Jan 2019 - 15:19


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A statutory declaration is used where you were unaware of the hearing. It is not dependent on you wanting to change your plea. The advantage it has is that once accepted the ban will be set aside and you can drive again.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452146 · Replies: 27 · Views: 1,684

southpaw82
Posted on: Wed, 16 Jan 2019 - 15:14


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QUOTE (dillon @ Wed, 16 Jan 2019 - 15:04) *
Does a 14 day rule apply?

If you think about it, as the recipient of a notice has 28 days to reply a 14 day notice period for any notice other than the first would be inconvenient in the extreme.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452142 · Replies: 9 · Views: 494

southpaw82
Posted on: Wed, 16 Jan 2019 - 14:12


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QUOTE (cp8759 @ Wed, 16 Jan 2019 - 13:38) *
QUOTE (The Rookie @ Wed, 16 Jan 2019 - 11:39) *
But if all that is in the evidence anyway, as I stated above, then no need to call him to confirm it!

Should I inform the criminal procedure rules committee that there's no point in ever cross examining police staff, and the court rules should be amended to prevent such cross examinations taking place, on the basis that they're just a waste of time?

No, but you probably ought to do so on the basis that certain individuals are never wrong.
  Forum: Speeding and other Criminal Offences · Post Preview: #1452101 · Replies: 63 · Views: 3,044

southpaw82
Posted on: Wed, 16 Jan 2019 - 14:11


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QUOTE (Redivi @ Wed, 16 Jan 2019 - 10:44) *
Isn't it the case that, when the registered keeper denies the car was there, it's for the police to prove on the balance of probabilities that it was ?

Mohindra v DPP
  Forum: Speeding and other Criminal Offences · Post Preview: #1452096 · Replies: 22 · Views: 1,203

southpaw82
Posted on: Wed, 16 Jan 2019 - 09:56


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What is “emergency-style” meant to mean? The badges and other accoutrements make it clear to me that he was up to no good.
  Forum: News / Press Articles · Post Preview: #1451968 · Replies: 21 · Views: 602

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