Help - Search - Members - Calendar
Full Version: Police Traffic Warden at Airport summons rec'd updated
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
Pages: 1, 2
poshtaxi
Was at Airport a few weeks ago to collect a client from arrivals terminal. A long 140 metre stretch of concourse with double yellow lines commonly used for pulling up and collecting passengers. In the past the Traffic Wardens have asked me and other drivers to circle the stretch until their passengers are there to load and be on our way. 3 Wardens were patrolling this stretch on the day and one walked over and I predicted her words and said 'you want me to circle' and I drove the stretch and exited and had to repeat this until I spotted client. Approached the 140metre stretch again and drove slowly along hoping to spot client. Lots of other cars and taxi's just pulled over on the stretch waiting with Wardens loitering.

After literally 6 circuits I pulled over at the start of the stretch with the 3 traffic wardens towards the end of the stretch and waited out of the way for a phone call or message from the client who had booked me. Few minutes later the wardens walked down the stretch towards other parked cars and I guessed it was time to move and circle again. I pulled out and drove up the stretch and one of the wardens signalled for me to pull over. I wound my window and asked what the problem was and she said 'pull over' I replied by saying 'you asked me to circle 10 minutes ago' and she said she was giving me a ticket. One of the Wardens stood in front of my car whilst the other began taking reg etc. I was a tad agrieved and reversed the car a foot or so and drove around the warden in front. The warden said I'd be summonsed if I drove off and I said 'whatever' and carried on circling and pulling over until I collected client.

S172 arrived today addressed to my mother the reg. keeper for offence 482 NO waiting at any time requesting  drivers details at time of offence.
Highlighted in red marker is the following:



YOU ARE REQUIRED TO PROVIDE THE INFORMATION ON THE FORM ATTACHED

Good to see PACE witness statements being a thorn in their side   biggrin.gif

My mother lives abroad so just wondering what course of action to follow.
I could use this to my advantage but naturally don't want her convicted in her absence. So if she gives my details to the Police and they write to me requesting confirmation I was driver I'm tempted to go PACE witness statement blah blah route.

Is this offence endorsable or non endorsable fixed penalty as it does'nt state on S172. Thanks in advance.

Oh - got the whole incident on vhs video from my windscreen mounted forward facing camera. Don't fancy my chances of a magistrate siding with me compared to a revenue raising officer.
Bob_Sprocket
Hi Posh,

Is it just an s172 notice or does it have other functions.

Is there any chance that we could see this document please.

Best wishes

Bob
poshtaxi
yeah bob http://images.snapfish.com/34493%3C%3A%3B2...B8%3B%3C3ot1lsi

hope this helps
The Rookie
Will your mother be in a position to reply within the 28days? what do you do with other mail sent for her? It is not adviseable to nominate yourself as it could be used as a voluntary statement.

Moot point but asking for the DRIVER when the car is WAITING is a little contrary and could be used to cause some fun if you felt like it!

Be worth checking all he lines and signs are 100% legal anyway as that is a good copout, otherwise you need to get someone o fill in the form, nominate you and use a PACE letter I think!

Simon
jeffreyarcher
QUOTE (The Rookie)
It is not adviseable to nominate yourself as it could be used as a voluntary statement.

Why would he do that? It's not addressed to him?
Even if he did, it is evidence against him under S12 RTOA 1988 because it wasn't addressed to him.
poshtaxi
My mother is here 21st Sept. so could get her to fill out S172 and nominate me which she would want to do as she will flap and worry if it was left with her. The chances of any prosecution affecting her and her licence are close to zero as whenever she comes over to uk she gets taxi's (me) and has'nt driven here in 3 years as she is not used to the level of traffic. She has no plans to move back either. Anyway not the point.

Will check the double yellows over weekend to see regards 'T' ends.

So does anyone know the likely penalty i.e endorsable or not for this offence. If its a fixed penalty I may just pay and put against tax bill but if its going to affect my licence then I'll fight all the way and PACE will be used.
DW190
QUOTE (poshtaxi)
My mother is here 21st Sept. so could get her to fill out S172 and nominate me which she would want to do as she will flap and worry if it was left with her. The chances of any prosecution affecting her and her licence are close to zero as whenever she comes over to uk she gets taxi's (me) and has'nt driven here in 3 years as she is not used to the level of traffic. She has no plans to move back either. Anyway not the point.

Will check the double yellows over weekend to see regards 'T' ends.

So does anyone know the likely penalty i.e endorsable or not for this offence. If its a fixed penalty I may just pay and put against tax bill but if its going to affect my licence then I'll fight all the way and PACE will be used.


Posh,
This is Manchesters finest that you are dealing with.  Just had a mates s172 dropped at court on the day of the hearing following sending a pace statement.

Get your mum to fill in the s172 naming you then send the pace statement.

You could get lucky and get summonsed for S172 or you may receive a conditional offer which will clearly state the fine and points if applicable.

Does the Hong Kong road fall within the public roads or is it a private road owned and maintained by the airport authorities?
poshtaxi
Cheers DW190

Is this normal practice to issue S172 without NIP. Just strikes me as odd requesting drivers details and not detailing penalty i.e endorsable or not and £30 fine (usual parking fine).

How do I find out if this is endorsable icon_question.gif

Letter dated 30th August, received 7th Sept and sent 2nd class franked 21P. They've mailed it on the 13th day and sent 2nd class.

Many options potentially here but I agree PACE is favourite.

Cheers
andy_foster
Can't say that I've ever heard of an endorsable parking offence.

Cue DW190 pointing out some examples...
Insider
QUOTE ([url=http://www.manchesteronline.co.uk/news/s/83/83360_parkers_driven_out_in_airport_terror_alert.html)
News Story[/url]]Parkers driven out in airport terror alert

CARS have been banned from waiting for passengers outside Manchester Airport'she new ruling has also caused chaos for coach drivers, who have told how they have been moved on by wardens and forced to drive round the airport for up to an hour while they wait for delayed passengers.

Traffic wardens had allowed drivers to park up at the three terminals to wait for arriving passengers as long as they stayed at the wheel.

But police at the airport reviewed the decision and have asked wardens to enforce established rules which prohibit drivers from waiting near terminal buildings.

Infuriated

Motorists are allowed to set down and pick up passengers outside the terminals but are now no longer allowed to wait.

The new ruling has infuriated coach drivers, who now have nowhere to park.

A coach park was removed in a multi-million-pound revamp of parking facilities outside terminal one last year. Instead, coaches were allowed to park on two dual carriageways at the airport.

But police banned this as well when a car crashed into the back of a parked coach. No-one was seriously hurt.

It leaves some coach drivers with nowhere left to park, aimlessly driving round the airport until their passengers appear outside the terminal. Coaches, unlike cars and mini-buses, are not allowed in the new short-stay car park outside terminal one, where the first 10 minutes are free of charge.

Other coach drivers, armed with mobile phone numbers for arriving passengers, park up well away from the airport and wait for a call.

"It's chaos at the moment - it's not creating a very good impression for tourists arriving at Manchester," said Wesley Goodwin, from Eccles, a driver and director of Go Goodwins coach company, which employs about 25 drivers and has 25 coaches and mini-buses.

Wesley learned about the no-waiting ruling when he went to the airport's terminal three to pick up US pop star Justin Timberlake and his entourage before a gig in Manchester.

Security

"The warden suggested I park on the dual carriageway outside terminal two, walk back to terminal three and then go back to get the coach when Timberlake arrived - that would have taken me nearly an hour," said Wesley.

"Now, after the crash, we're not even allowed to park on dual carriageways. This is supposed to be an international airport, the country's third biggest.

"I came here last Sunday and spent 30 minutes just driving round the airport. You could be driving round for an hour if passengers are delayed."

Chief Insp Brian Davies, of Manchester Airport police, confirmed no-waiting regulations were now being enforced as part of the heightened security at the airport and elsewhere in the country.

"We do offer our sympathies and we are working on a solution," he added.

A Manchester Airport spokesman said: "We are talking to the police with a view to getting coach parking bays at The Station, our new interchange, though that's not been confirmed yet."


QUOTE (Lincs Police)
Functions, Powers and Duties of a Traffic Warden
Section 81 of the Road Traffic Regulation Act 1967, as amended by Section 131 of the Transport Act 1968, and the Functions of Traffic Wardens Order 1970, state the functions of and the duties which may be undertaken by a Traffic Warden.  (Reference Standing Order No. G.3/1).


Did they have any police 'no waiting cones' out ?

And AFAIK there are no endorsable 'no-waiting' parking offences.
jeffreyarcher
QUOTE (poshtaxi)
Is this normal practice to issue S172 without NIP.

I don't know how 'normal' it is. Howver there was one posted here a few weeks back. It was using the hard sholder on a motorway, IIRC.

QUOTE (poshtaxi)
Just strikes me as odd requesting drivers details and not detailing penalty i.e endorsable or not and £30 fine (usual parking fine).

These offences do not require a NIP.

QUOTE (poshtaxi)
Letter dated 30th August, received 7th Sept and sent 2nd class franked 21P. They've mailed it on the 13th day and sent 2nd class.

The first class post, and receipt within 14 days, are both requirements of NIPs, not S172 notices.
Insider
QUOTE
These offences do not require a NIP.


I've just had a thought... are you going to get done over for a Fail to Stop  :idea:
poshtaxi
All good information. Thanks.

Regarding the fail to stop I doubt  as the offence stated on the S172 is No waiting at anytime. So unless the Traffic Warden has checked on the 'computer' to see who the RK is and has seen it is female and not the person she was giving a ticket to (male) maybe she has just sent out the S172 with a brief explanation for doing so to get my details to then send an S172 and NIP for 'Fail to stop'  :?: Perhaps this would explain why there is no penalty/ endorsment details on the S172 as they are expecting my mum to give my details and then hit me with NIP?

Could they do that or can they only do me for the offence on the original S172?
peteturbo
Posh,
Just a thought.  You are possibly carrying on a business with a car registered in anothers name.
I assume you are 100% confident with your insurance, since some companies might not be too happy with this arrangement.
You dont want them coming after you for no insurance.
andy_foster
When an NIP is required, it must be served on either the driver or thr RK within 14 days - waiting 28 days to find out who was driving so that you can serve an NIP on them is unnecesesary and doesn't comply with the requirements of s.1 RTOA 1988.
BikerPaul
QUOTE (poshtaxi)
maybe she has just sent out the S172 with a brief explanation for doing so to get my details to then send an S172 and NIP for 'Fail to stop'  icon_question.gif


Traffic wardens do not, generally, have the power to "cause a vehicle to stop"

There are exceptions, but only for "trasffic control" at junctions etc.
Insider
QUOTE
Traffic wardens do not, generally, have the power to "cause a vehicle to stop"


They do now my friend  :roll:
smstextaddict
I personally would wait for your mum to get back and get her to ask for evidence in order to identify the driver, then when they get back get her to nominate you, you do the same to make sure its you, then send off the pace statement.

Is it 6 months to time out on s172 as well as nips ?
poshtaxi
I know what you mean r.e. insurance and registered keeper etc. It is a grey area and it seems each insurance company is different. Some are'nt bothered as many taxi drivers rent their cars from others or companies who have fleets of cars.

Anyway don't want to get side tracked from the issue bout the S172 as I could easily start a thread which would be pages long regarding insurance issue I had recently with a car my girlfriend bought on finance and had me as the main insurer and her as named to bring the premium down. Finance company cancelled the deal and we had to give the car back to the dealer as the premium to have her as main driver was £1k per annum more expensive. End of !
Lance
This S172 notice does not state which law or regulation has been broken. It simply states Offence Code 828 - No Waiting At Anytime.

Anyone know what the offence is, and what penalties are laid down in law?
patdavies
As I see it.

You have been served with an S172 request which alleges an offence.  That, IMO, is enough to make the request valid.

The various posts re. the 14 day rule are irrelevant because, AFAIK, parking is not a NIPable offence and therefore no NIP is being issued.

The important question is whether this is a police traffic warden or  a civvy working with decriminalised parking.  If the latter, then the completed parking ticket must be handed to the driver or affixed to the stationary vehicle.  This type of warden have no power to cause you to stop.
Insider
QUOTE
The important question is whether this is a police traffic warden or  a civvy working with decriminalised parking.  If the latter, then the completed parking ticket must be handed to the driver or affixed to the stationary vehicle.  This type of warden have no power to cause you to stop


Err, but de-criminalised civilian wardens (who have no connection to the police) wouldn't be able to 'pop in to the nick' and ask the local plod to hit you with a S172 request would they  :roll:
poshtaxi
So if it is not a NIP'able offence for prosecution then why do the police want to S172 me? To give a fine only for the offence of 'Waiting' in my vehicle?

I take it PACE witness statement can be used if/ when returning S172 as I have only used PACE previously (and successfully) with NIP I had
patdavies
QUOTE (Insider)
QUOTE
The important question is whether this is a police traffic warden or  a civvy working with decriminalised parking.  If the latter, then the completed parking ticket must be handed to the driver or affixed to the stationary vehicle.  This type of warden have no power to cause you to stop


Err, but de-criminalised civilian wardens (who have no connection to the police) wouldn't be able to 'pop in to the nick' and ask the local plod to hit you with a S172 request would they  :roll:


Um, yes icon_redface.gif   Missed that bit completely

QUOTE
So if it is not a NIP'able offence for prosecution then why do the police want to S172 me?


Just because it's not NIPable, doesn't mean you can't be prosecuted.  Also, it's not unknown for plod to send out S172 requests in 'fear of God' mode even when they know they can't do anything.
jeffreyarcher
QUOTE (patdavies)
it's not unknown for plod to send out S172 requests in 'fear of God' mode even when they know they can't do anything.

Apparently, S172 gives Fife police the authority to arrest someone for not giving them the registration number of their car, which was not alleged to be involved in an offence. icon_evil.gif
jeffreyarcher
QUOTE (poshtaxi)
So if it is not a NIP'able offence for prosecution then why do the police want to S172 me? To give a fine only for the offence of 'Waiting' in my vehicle?

Yes.
QUOTE (poshtaxi)
I take it PACE witness statement can be used if/ when returning S172 as I have only used PACE previously (and successfully) with NIP I had

Yes, but since 'No Waiting' is not endorsable, do you really want to possibly end up having to defend a S172 prosecution, notwithstanding that it should be beatable. rolleyes.gif
Lance
I thought that parking offences were usually the responsibility of the registered keeper, not the driver? Or does it depend?

The only endorsable parking offence I can recall off the top of my head is for parking on the zig-zags at a pedestrian crossing - this would presumably be the responsibility of the driver.
jeffreyarcher
QUOTE (Lance)
I thought that parking offences were usually the responsibility of the registered keeper, not the driver? Or does it depend?

I think it depends, and, in any case, I think it's only the owner's responsibilty once the ticket has been affixed to the vehicle.
I may be wrong, though.
poshtaxi
Received S172 after my mother returned S172 to name driver (me). The usual letter but sent RECORDED Delivery (the warden issuing must really want to 'do' me).

I'm not sure what to do as Jeffrey Archer again makes a valid point with my situation: Why risk an S172 endorsement when its only a £60 fine (I think). There is no mention on the letter regarding the penalty I the driver faces just the S172 requirement with the same sentence highlighted in red and underlined with capital letters which states

'YOU ARE REQUIRED TO PROVIDE THE INFORMATION ON THE FORM ATTACHED'

But PACE does not require me to provide the information 'on the form attached' but just to provide the information (on a random piece of paper).

I am inclined to think they have had problems in the past from others sending PACE which is why the bitter warden has highlighted the sentence.

If I was to send PACE witness statement and was summonsed to court for an S172 charge could'nt I infact refer to one of the many precedents where S172 charges have been dropped. As DW190 says his pal had his S172 charge dropped on appearing at court due to sending PACE.

Does it depend on which side of the bed the Magistrate gets out of on the day or can I refer them to cases where those have been thrown out


icon_question.gif
jeffreyarcher
QUOTE (poshtaxi)
But PACE does not require me to provide the information 'on the form attached' but just to provide the information

It's not PACE that provides that, it's Jones v DPP [2004].
QUOTE (poshtaxi)
If I was to send PACE witness statement and was summonsed to court for an S172 charge could'nt I infact refer to one of the many precedents where S172 charges have been dropped.

Magistrates Courts do not create precedents; even less of a precedent if they didn't even get to court. rolleyes.gif
Jones v DPP (above) is your authority.
I have to say though, why are you still messing about with a possible S172 over a 'No Waiting' offence? icon_eek.gif
poshtaxi
I object to being scammed for a fine for waiting in my car at the airport amongst a dozen or so others. You think I should just pay it? I'd love to put the VHS footage I have on here if it was easy to do so. What are my options instead of risking S172 charge? Go to court and show the film?
nemo
QUOTE (poshtaxi)
You think I should just pay it?

I think what people are saying is take it one step at at a time.

Sending a PACE statement satisfies the requirements of the s172 notice and gets rid of the possibility of an MS90 offence (3 points plus £250-£300 fine plus possible increase in insurance premiums). A s172 conviction whilst trying to avert a 'parking' fine makes no sense...

Once the PACE statement has been sent, you can plan your defence depending on what turns up in the post - but it won't be s172...
poshtaxi
Well then either I am confused or Jeffrey Archer was as to my next step  :?

My next step was to send the PACE witness statement but with Jeffrey's comments I thought his point was why risk an S172 charge (by sending PACE witness statement). I know though that I would not incur an S172 charge as the my personal details on the witness statement would satisfy the requirements of the S172.

Has it been known for drivers to be charged with S172 as they did'nt fill out their details on the form provided as my S172 states and highlighted in red marker:

'You are required to provide the information on the form attached'
jeffreyarcher
QUOTE (poshtaxi)
Well then either I am confused or Jeffrey Archer was as to my next step  :?

My next step was to send the PACE witness statement but with Jeffrey's comments I thought his point was why risk an S172 charge (by sending PACE witness statement). I know though that I would not incur an S172 charge as the my personal details on the witness statement would satisfy the requirements of the S172.

Has it been known for drivers to be charged with S172 as they did'nt fill out their details on the form provided as my S172 states and highlighted in red marker:

'You are required to provide the information on the form attached'

You have not misunderstood me.
Whilst the case law against having to use the form is solid, people have been charged with it.
My point is simply why risk points, no matter how small that risk is.
Your call, of course, but I wouldn't.
Just suppose you were convicted of S172, you'd then have to appeal.
You should win, but is it worth the candle? No.
poshtaxi
I received my summons yesterday

witness statement

summons


I'd like to point out that the Traffic Warden was not as courteous as she makes out. Her witness statement says she explained to me 'I can't keep asking you to move, I have explained twice'. This was not said and neither were the warnings other than me pre - empting the words of a male Traffic Warden when I said 'you want me to circle'.

The terminal was very quiet and I would completely understand had it been busy. The paragraph where she states 'the free flow of traffic is essential at all times to facilitate it's use by the emergency services should the need arise' attempts to imply that I and every other car in the LAY-BY were causing an obstruction. Anyone who is familiar with Terminal 2 Arrivals at Manchester will know that there are 5 lanes in total:

Lane 1 is a lay - by for black cabs
Lane 2 is a free flow lane
Lane 3 is a lay - by for loading (the lane I was in)
Lane 4 is a free flow lane (which I was not obstructing)
Lane 5 is a free flow lane wide enough for cars to park and others to flow    

Everything else in the statement is as described.

I would like to know why i've been summonsed other than for the personal pleasure of the Warden on her high horse as there is no mention of what my fate may be other than I can expect court costs to be a minimum of £25.

The notes accompanying the summons say to bring license if stated on summons (not required) and how I wish to plea to the charge.

Ideas and opinions please
andy_foster
QUOTE (poshtaxi)
Ideas and opinions please


1. Post the entire bundle (with personal details removed).
2. Use imageshack (instructions in the FAQ).
poshtaxi
Easier said than done Andy - even with instructions found in the faq I am hopeless with this kind of thing. I only managed to upload the summons and witness statement with a friend doing most of it on snapfish software. Have registered with imageshack but even dragging the sidebar link into the bookmarks tool bar is not as straight forward as it is explained.

Anyhow, I have scrutinised every page in the bundle which is 7 pages:

1 'Summons'

2 'Witness statement'

3 'Summary Trial form 27A' which explains plea options and looks like a  
  standard form sent to all:
 
  Section 1 Pleading guilty by post
  Section 2  Pleading guilty at court
4 Section 3  Pleading not guilty where it states a new court date will be                    
  set and Pre trial Review where I'll be required to attend.

It states for 'Motoring cases':

If you plead guilty by post, the magistrates will normally convict and sentence you on the date shown in the summons. But if the court is considering a driving disqualification, it will not finish your case on that date. The court will send you a notice saying when you must attend before the magistrates on a later date.

5 'Summary Trial Form 28A' which is just a tick box for plea and signature

6 'Notice to Defendant - Proof by Written Statement' which simply explains
   that a witness statement is attached and will be tendered in evidence
   against me and whether I wish her to give oral (no she was a munter)
   evidence.

7 Final page is a tick box reply form for me to confirm I have received the    
  documents relating to the case and whether I object to any statement
  being read out in court and the attendance of the Police witnes (traffic
  warden)


If you click on the witness statement she has only signed at the bottom and not in the section 2 inches down the page where it states 'this statement is true to the best of my knowledge and I make it knowing that if it is tendered in evidence blah blah prosecution if false.

Signature not witnessed at bottom either   :?
andy_foster
QUOTE (poshtaxi)
If you click on the witness statement she has only signed at the bottom and not in the section 2 inches down the page where it states 'this statement is true to the best of my knowledge and I make it knowing that if it is tendered in evidence blah blah prosecution if false.

Signature not witnessed at bottom either   :?


The statute only requires that the statement contain the declaration, and that the statement isigned. As long as the statement is at the top, there is no requirment to sign it.

There is also no requirement (in England and Wales) for the statement to be witnessed.
poshtaxi
Thanks Andy. So do you think on the face of things I'm looking at a large fine
for what is a summons for no waiting and then driving off?
Lance
I know that certain parking tickets are not issued until they have actually hit the windscreen of the car, or been handed to the driver, and in these cases there is no requirement to wait until the ticket is so issued. I don't know whether this applies in this case, though.
poshtaxi
Not sure how to play this one in terms of my plea of guilty or not guilty and the bearing this will have on a larger fine.

So Yes I am waiting in a no waiting zone but I think it stinks when the terminal is quiet. The Warden concedes in her statement that she saw me circling 25 mins after the incident which shows for my money I was still complying with the request to circle. I objected to being hit with a fine when the terminal is not conjested and I'm sat waiting then circling in my car.

Got to write back next couple of days. Still don't know what the fine is as there is nothing in the bundle of papers saying so. Just summonsed for 'no waiting'  with Warden explaining in her statement that the driver drove off before issuing fixed penalty.
poshtaxi
I have been informed that the Traffic Wardens at Manchester Airport are not Police but EMPLOYED by the police. I have long believed that the magistrates would believe the word of a policeman in court over that of a civilian, however, if the warden is only employed is it the prosecutions duty to prove their case?

I believe the Warden was too far away when observing me to make a correct judgement as to whether a I was actually waiting and not crawling along at 0.5 mph in the bay. Her statement states that I was seen circling some 25 minutes after our altercation - still complying with the request to circle.

Just a thought on PACE too: I filled out the S172 informing the Chief Constable I was the driver as I did'nt want to risk an S172 conviction as parking is not endorsable. However for myself and anyone else who has filled out the S172 does not receive the caution in court informing them that the information they are about to give may be used against them. Does swearing on the bible/ oath negate this?
andy_foster
QUOTE (poshtaxi)
Just a thought on PACE too: I filled out the S172 informing the Chief Constable I was the driver as I did'nt want to risk an S172 conviction as parking is not endorsable. However for myself and anyone else who has filled out the S172 does not receive the caution in court informing them that the information they are about to give may be used against them. Does swearing on the bible/ oath negate this?


Err, can you repeat the question?
If you choose to give evidence, then you can be asked (under oath or affirmation) if you were the driver, which would render any arguments over the admissibility of the s.172 response moot.
andy_foster
Posh,

Was the request for the driver's details under s.172 RTA 1988 or s.112 RTRA 1984?

What exactly have you been charged with (including all references to legislation)?
poshtaxi
I received S172 requesting drivers details. I have been charged with:

'You used a motor vehicle in contravention of City of Manchester (roads Terminal 2, MAnchester International Airport) (Prohibition of Waiting) Order 1993 which is deemed to be pursuant to section 1 of the Road Traffic Regulation Act 1984 for that you caused the said vehicle to wait in the road there called Hong Kong Avenue at a time to wit 1540 between the hours and on a length of the road specified in the schedule to the said order contrary to section 5 (1) Road Traffic Regulation Act 1984 and schedue 2 Road Traffic Offenders Act 1988'.

Err, I think in English that means I was waiting in a bay in my car!

I've scannned the summons which this was quoted from. Please see my previous posts. Cheers
andy_foster
Yebbut, I can actually read this version.
poshtaxi
Just received a 'Registration of Fixed Penalty Ticket' form addressed to my mother even though the courts are supposed to be dealing with myself as I was the driver. The form is from Manchester Magistrates court but Trafford Magistrates court summonsed me for the offence a few weeks ago to which I replied not guilty to on the forms they provided with the court date to be the 21st December. I ticked the not guilty option on the forms and it stated to ignore the court date shown (21st Dec.) if chosing this option as a new date would be arranged.

The Registration of Fixed Penalty Ticket was posted on the 21st December so I am unsure what they are playing at. I posted my plea to the court by Registered Delivery (Royal Mail Guaranteed next day) and would have arrived a few days prior to the 21st.

Even if the papers did not arrive at the court and they have dealt with me in my absence then surely the letter would be addressed to me the driver.

To quote the ticket it states all the correct details relating to the offence like date, location, reg no. etc and then the following:

'You are hereby given notice that the sum shown equal to the fixed penalty payable under the notice noted above plus one half of that fixed penalty, has been registered in this court under the authority given by sections 55(3) and 64(2) of the Road Traffic Offenders Act 1988.

Total ...................... £45.00

Time to pay ........... Due now

You have been ordered to pay the sum above at the terms shown.

FAILURE YO PAY AS ORDERED WILL MAKE YOU LIABLE FOR FURTHER ENFORCEMENT. THIS COULD INCLUDE:

Increasing your fine by 50%

Clamping, removal & sale of your vehicle

Continued default imprisonment'

END


So I'm wondering if I've/ (my mother) been hung at Trafford and the fines department is Manchester City Mag. Courts who collect the fines???

Any ideas?
poshtaxi
None? blush.gif
poshtaxi
Received letter in my name today for a pre trial review I presume.

Letter says:

Dear Sir

Police v yourself

The above case has been adjourned by the court until the ...... at ...........2006
for a suitable date to be fixed when the prosecution witnesses are available to attend to give evidence.

Yours blah blah.


Not sure what to make of the letter addressed to my mother from Manchester magistrates court regarding £45.00 fine received few weeks ago.
andy_foster
QUOTE (poshtaxi @ Jan 4 2006, 07:57 PM) *
Not sure what to make of the letter addressed to my mother from Manchester magistrates court regarding £45.00 fine received few weeks ago.


Assuming that there's a legal process, it sounds like there's an abuse of process in there somewhere.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.