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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Criminal Record? Do you get one for this?


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Hello,

 

I'm hoping that someone may have some knowledge on this. If you are convicted for a driving offence, i.e. driving without a valid tax disc or insurance or something similar, and are fined-do you get a criminal record?

 

Thanks

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Most driving offences are classed as criminal and so you do have a record. However, usually when in a situation where you have to declare any criminal convictions, driving offences are excluded. (Driving without insurance is often not excluded)

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Any offence that carries a custodial sentence is recordable, along with a whole bunch of other stuff that's been added in recent years. Driving without insurance isn't recordable, nor (I think) is not having any road tax.

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Why is it then when you drive without insurance do you get summoned to court rather than a on the spot fine, I know that you can be given up to six points on your licence, but I have always thought it is a criminal offence as my brother in law got refused a job for the same thing?

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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I think you'll find that driving without insurance is a criminal offence - since about 1990 I think.

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driving without insurance is not a criminal offence . you do not get a criminal conviction..and it is not classed as a crime by the police..trust me.. I know...work it out..thanks

 

No insurance IS a criminal offence but it is not recordable hence it is not part of a criminal record.

 

You are genarally summons to court for No Insurance as the court has the option to disqualify you. The same would be the case if you exceed the speed limit by lots, have 9 point on your licence when trapped speeding.

 

This has however changed very recently and No insurance is now a £200 FPN

7 actions in progress

 

amount refunded so far £6500

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PND's are an alternative to court. You can still be taken to court, and you can also opt for court yourself (not that you would want to if you admit the offence).

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Hello....driving without insurance is a criminal offence...driving over the speed limit and getting flashed and subsequently fined is a criminal offence...Bandit you are completely wrong!!

 

All these offences ARE criminal offences under the Road Traffic Act 1988 - however, the Police and Criminal Evidence Act defines how certain criminal offences (and common law offences) should be dealt with ...some by arrest and some by remote detection and, more frequently, detected non-recorded.

 

You do not get a criminal record for any offence for which you are not arrested and subsequently charged with it. You may have a PNC record created, or even a crime report, however you will not have a 'record' which you need to declare.

 

Trust me, I was in the force and then went to Uni, did law and work the other side of the fence

  • Haha 1

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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the Police and Criminal Evidence Act defines how certain criminal offences (and common law offences) should be dealt with ...some by arrest and some by remote detection and, more frequently, detected non-recorded.

 

You do not get a criminal record for any offence for which you are not arrested and subsequently charged with it. You may have a PNC record created, or even a crime report, however you will not have a 'record' which you need to declare.

 

I'm not quite with you there. It all depends on what type of "criminal record" you're talking about. Any conviction for any offence will generate a "criminal record" in the broadest sense, i.e. a record that you have been convicted of the specified offence.

 

For the purposes of supplying a record of criminal convictions to people such as prospective employers this is carried out via the Criminal Records Bureau. Their own definition of "criminal record" is the same as that used on the Police National Computer (PNC). An offence only appears on PNC if it is a recordable offence as defined by the National Police Records (Recordable Offences) Regulations 2000. This is further reinforced by the Rehabilitation of Offenders Act 1974, which states that (except for certain excluded purposes) convictions become "spent" after a certain amount of time and so do not appear on a "criminal record" generated by the CRB (but will appear on PNC).

 

So, whether you have a "criminal record" in the sense of someone performing a CRB check on you depends on what you were convicted for (is it a recordable offence?) and how long ago it was (is it spent?).

 

And, for info, driving without insurance is a criminal offence (s. 143 of the Road Traffic Act 1988) but is not a recordable offence so it doesn't generate a PNC/CRB criminal record.

 

Note that some offences may appear on PNC if you were convicted of a recordable offence in the same proceedings. So, if you were convicted of drink driving (a recordable offence) and driving without insurance (a non-recordable offence) both would be recorded: Reg 3(3) of the National Police Records (Recordable Offences) Regulations 2000.

 

Bandit, I don't know what job you do/did but I hope you weren't a police officer.

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  • 2 weeks later...

Lets look at this scenario. You are fined under s.143(2) for using a vehicle without an insurance policy in force under s143(1) RTA 1988 and you are (as suggested earlier) fined £200. You don't pay the £200 and you are hauled back before the court, where magistrates inquire into your means and you are given more time to pay by virtue of s. 75 Magistrate's Court Act 1981. Still you don't pay and finally the court issues a warrant of of commitment to prison for default of payment for either culpable neglect or wilful refusal (take your pick). You are imprisoned for 7 days (the maximum you can serve for that sum as provided for in schedule 4 Magistrates Court Act 1980). You serve the 7 days in any prision in the UK (Pentoville, Brixton, Higdown) take your pick. You are released. Have you now got a criminal record? The answer oddly enough is that the mere fact that you have been committed to prison in those circumstances does not mean that you have a criminal record, even though you actually have a prison record because the court is simply enforcing what amounts to a civil debt which came into being because of criminal conviction.

 

So one part of the problem cleared up but what happens in respect of the original offence of driving without an insurance policy, Whether or not on conviction, a person has a PNC criminal record depends on whether the offence on conviction is or not a recordable offence. if it is not a recordable offence and most driving offences are not recordable (inclusive of a failure to have an insurance policy for a vehicle driven in force at the time of driving it) then there is nothig to worry about on that front and will safely be hidden away from CRB checks etc. However, for every conviction, distinct from the PNC records, you have the court register recording details of every conviction pronounced in that court and it is available on application in particular circumstances. This I'd submit, is ALSO a criminal record in the more unfamiliar sense of the word. Wheras the PNC will weed out spent convictions for some offences after about 10 years, the court register is always available for about 75 years. Again, and oddly enough wheras you have the PNC network being able to access the court registers it is not the other way round.

 

Hope this deals with some unansweredd questions raised by this thread

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  • 2 months later...

I have gotten points for speeding, and I have also been given points and a fine for driving without insurance or MOT (No, I'm not proud of it :( )

 

I have recently got an enhanced criminal disclosure for a university course, and none of the above appeared on it.

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Guest ian cognito
Trust me, I was in the force and then went to Uni, did law and work the other side of the fence

 

You mean you break the law for a living????:eek:

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Have a look at policespecials.com to see how sure of the law your average bobby is:confused: . Lots of amazing arguments, basic questions that really shouldn't be needed to be asked by policemen, many appear to be clueless. I must however temper my comment with the statement that the majority of the members appear quite normal and level headed. That said there are far too many on the site that state 'if in doubt, report for summons and let the CPS et al sort it out. Make what you will of that!

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Have to agree - after being threatened with a beating by some bouncers (whilst sober) pretty much in front of a police officer I was told it wasn't his problem - on probing and telling him it could be deemed assualt he responded with no its not I did law at university - my response - you obviously didn't do very well did you?

 

Had to walk away then as the copper looked more likely to nick me than the bouncers at that stage.

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the old bill are a joke. Had a quick read through some of that site posted previously.

 

" Went out in the car around kicking out time not much happening so we went for a coffe and a pizza with a local takeaway owner"

 

DISGUSTING

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  • 1 month later...

Interesting discussion.

 

What about recorded personal information when people are arrested and charged but subsequently everything is dropped? My brother's father-in-law went through this (private citizen with a grudge made a false but really serious statement to police). He had to have his prints, photo and I think even a DNA swab/test performed.

 

He had done absolutely nothing wrong and went through what I gather was an extremely traumatic experience for him as he is one of those upstanding, never been in trouble with law types. My brother reckons his FIL will always have all those things on record even though he was completely innocent. Seems very wrong to me.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 2 weeks later...
  • 3 months later...

Wykeite

The site you mention is for SPECIAL CONSTABLES - This is an unpaid role of volunteers. They only get weekly training sessions, although I guess they do work alongside their regular colleagues who should know the law and pass it on to them to enhance their skills. Some specials only manage to work a couple of hours a week due to work/family committments so please dont be too hard on them. They do the griefiest of roles and get stuck on road closures numerous times, hopefully so that the regular bobbies on the beat (or in the cars as it seems) can get on and do the job. (and yes I was once a special) I believe the most usual driving offences recorded on PNC are the DrinkDrive, TWOC etc etc I think no insurance although being a criminal offence is not shown on PNC and as already stated things 'fall off' after a certain period of time. But then again what do I know ;)

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If you have to go through Disclosure for a job driving offences are on it.

 

I had an enhanced disclosure which is more in depth than your standard disclosure, and NONE of my driving offences were on it

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