Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default A fixed penalty with wrong address

    I got a fixed penalty for using a mobile phone just as i was pulling into Sainsburys car park Loanhead Midlothian. The address the officer put on the slip is spelt wrong. Do i still have to pay the fine or is it invalid?

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  2. #2
    Basic Account Holder adamna Novitiate

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    Default Re: A fixed penalty with wrong address

    If you were pulling in, it might be on private land. Is the address a public road? Anyone here think that's a goer?

    What evidence is there?

    A minor spelling mistake probably won't be enough, imo.

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  3. #3
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    Default Re: A fixed penalty with wrong address

    ..ooops

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    Basic Account Holder mrplenty Novitiate

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    Default Re: A fixed penalty with wrong address

    here is a link to where it happened.

    Google Maps

    Take road to store from main r/about (straiton park)
    left at first r/about to smaller r/about.
    take the right turn to store.
    It was between the small roundabout and the entrance to carpark.

    The Officer has only put location as Loanhead.
    I would have thought it would need to be in more detail than that.

    Hope this helps
    cheers


  5. #5
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    Default Re: A fixed penalty with wrong address

    first the key factor is when he first saw you, where were you when you put phone to ear etc,

    if you were below the red line in the pic then you could claim it was on private property, but remember that the law states NO HANDHELD PHONE,

    to be honest you will have a fight, proving you did NOT use it on a public highway



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  6. #6
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    Default Re: A fixed penalty with wrong address

    What evidence is presented?

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  7. #7
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    Default Re: A fixed penalty with wrong address

    It was the other small roundabout at the top right corner so its way off the main road ( straiton park ).

    The only evidence is there were 3 police officers.
    me the wife and kids.
    Its my first offence i tried to use that as a OOOPPPSSS sorry but to no avail.


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    Default Re: A fixed penalty with wrong address

    So you admitted it to 3 police officers? Ooops indeed .
    It would depend where the private land started, at the 1st or 2nd roundabout, if the private land thing was to be a factor at all.

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    Default Re: A fixed penalty with wrong address

    same there then private property, but however it depends to where he state's he first saw you

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  10. #10
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    Default Re: A fixed penalty with wrong address

    He could have only saw me where i was on the small roundabout and he was coming out of the carpark.As thats where i starteds the call silly me.
    I thought i was fine as the place was empty apart from me and the police lol
    Not 2 fussy if i have to pay but there are mistakes being made here.
    Clerical errors on the paper work.
    and i thought private property being a car park...



    cheers


  11. #11
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    Default Re: A fixed penalty with wrong address

    I'm pretty sure an officer can fine you for using a mobile whilst driving even on private land.


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    Default Re: A fixed penalty with wrong address

    Quote Originally Posted by Al27 View Post
    I'm pretty sure an officer can fine you for using a mobile whilst driving even on private land.
    Nope, the offence only exists on the public highway.

    In this particular case, whether you were on Sainsbury's private land or not will be irrelevant - as the public has unrestricted access to the car park and its approach roads, it is, within the meaning of the Road Traffic Act, public highway. Ownership of the land/road does not affect this.


  13. #13
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    Default Re: A fixed penalty with wrong address

    Ok so the private land seems useless so what about the mistake of wrong address or is this just being stupid of me.
    Its my first offence anyway in 20yrs so 3 points on a clean license i suppose is not 2 bad.


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    Default Re: A fixed penalty with wrong address

    Quote Originally Posted by mrplenty View Post
    Ok so the private land seems useless so what about the mistake of wrong address or is this just being stupid of me.
    Its my first offence anyway in 20yrs so 3 points on a clean license i suppose is not 2 bad.
    AN FPN is nothing more or less than an invitation to admit guilt for the offence and pay a fixed penalty without the need or costs (for both sides) of a Court appearance.

    If you complain about the incorrect address, all that will happen is that they will issue a new FPN (which they are entitled to do) or they will pass the matter for issue of a summons to Court. Even if the mistake is transferred to the summons, the existence of the 'slip rule' will allow minor corrections on the day.

    In my view, you were caught acting illegally, and in front of 3 Police Officers - pay it, accept the points and move on (Don't forget to tell your insurers)


  15. #15
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    Default Re: A fixed penalty with wrong address

    Quote Originally Posted by patdavies View Post
    AN FPN is nothing more or less than an invitation to admit guilt for the offence and pay a fixed penalty without the need or costs (for both sides) of a Court appearance.

    If you complain about the incorrect address, all that will happen is that they will issue a new FPN (which they are entitled to do) or they will pass the matter for issue of a summons to Court. Even if the mistake is transferred to the summons, the existence of the 'slip rule' will allow minor corrections on the day.

    In my view, you were caught acting illegally, and in front of 3 Police Officers - pay it, accept the points and move on (Don't forget to tell your insurers)

    Fair comment thanks for all the replies.


    Ive got a couple of weeks to pay the 60 fine.


    Again thank you all for looking.


    kenny



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