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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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met police red light ticket help!!!!!!!


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can anyone help?

aparently i ran a red light, which i can not remember doing.

i receveied a letter from metropolitan police saying this, i signed and sent it back, and today i receveived another letter back saying that i could contest this red light ticket in court or pay £60 and 3 points on my liecence????

i dont know what to do, can anyone help as i genuienly cant remember jumping this red light!!!!!

thanks

:confused:

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You are now stuffed.

 

To prove the offence in court there are two elements; evidence that an offence was committed and evidence as to who the driver was.

 

They have evidence of an offence - the photograph.

They have evidence of the identity of the driver - you have given them that.

 

You can either pay the £60 and get 3 points or go to court. If you do the former, that will be the end of the matter. If you do the latter, there is a slight chance that they will cock up on the court paperwork and you will get away with it. If you do not, then the fine may increase and you will be required to pay costs.

 

Oh, and don't run red lights - people get killed that way

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Guest Gertie100

Where does it say there is a photograph? Or is that how it works? (asking cos I really don't know...)

Surely if you have photographic evidence that you ran the red light you wouldn't dream of attempting to contest in court because you did it!...?

If you can't remember doing it at the specific place and time, can you ask for the photograph along with accepting the fine and points?

Just a thought!

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Where does it say there is a photograph? Or is that how it works? (asking cos I really don't know...)

Surely if you have photographic evidence that you ran the red light you wouldn't dream of attempting to contest in court because you did it!...?

If you can't remember doing it at the specific place and time, can you ask for the photograph along with accepting the fine and points?

Just a thought!

 

I am assuming that it was a camera offence, otherwise the OP would have been stopped at the time and verbally warned for prosecution.

 

You are not entitled in law to see any of the evidence unless and until you plead not guilty. So you can't get the photograph " along with accepting the fine and points". You may be given a copy of the photograph if you write and ask for a copy "to help identify the driver", but as the OP has already identified himself as the driver that won't work in this case.

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i will just pay the £60 + 3 points, as there is nothing i can do!

oh, and i really dont remember running the red light, if i did i would have accepted the fine, but i thought i would get some advice before i paided this ticket and normally i have gotten great advice by the people on this website, but i guess this time i am buggered!!

thanks

:(

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I know that this is a different issue, but particularly in the instance of Speeding Tickets DO NOT ASK for the photographic evidence.

 

Use the PACE letter instead. This relies on the fact that under British Law you must have been read your rights before being asked to Plead on a given offence. You provide on a seperate sheet the details of the driver, and attach it to the NIP whilst also telling them that they are not allowed to use the information you have provided in Court. You do nothing with the NIP. They may try and bully you, but just write back telling them once again that you have already dealt with the matter referring them to your letter dated XX-YY-ZZ.

 

If you decide to plead Not Guilty then the prosecution must provide their evidence to the Defence 7 days before the Trial Date. If they don't, and you would be surprised at how may do not, then that evidence is inadmissable in Court. This includes the Photographs. If you ask for them and they send them you have stuffed that up right away.

 

In the case of Red Light jumping most of the above probably holds true also.

 

But as someone else has already said - DON'T JUMP RED LIGHTS! If you did and you don't remember then PAY MORE ATTENTION WHEN DRIVING please. It may be me coming through on Green!

 

And BTW - if you feel bad about being "buggered" on this occasion just consider how someone's family would now be feeling had you killed a son/daughter/husband/wife by your actions.

 

£60 and 3 Points isn't much when weighed up against that, is it? Sounds more like the cost of a half-decent night out and a bit of inconvenience to me.

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went to where i suposedly got red light ticket, and reliesed my partner was driving my car at the time, but he is not insured to drive my car, which makes my case even worse!!!

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went to where i suposedly got red light ticket, and reliesed my partner was driving my car at the time, but he is not insured to drive my car, which makes my case even worse!!!

 

I'm sorry, running red lights is one thing, but being uninsured as well just beggars belief:eek::mad::mad:

 

Perhaps there is a reason to bring back capital punishment

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As PatDavies said .... especially if he was driving with your knowledge or presence. How irresponsible can someone get?

 

I would do a deal wth your boyfriend - you take the points and he pays your fine and increase in Insurance Premiums! Assuming you declare it (which you need to by the way otherwise your Insurance will be as good as Null & Void)

 

Hopefully you will both then learn from this!

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I'm sorry, running red lights is one thing, but being uninsured as well just beggars belief:eek::mad::mad:

 

Perhaps there is a reason to bring back capital punishment

 

Absoultely. In fact, while we're at it, let's hang, draw and quarter them too as an example to other motorists... :rolleyes:

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As PatDavies said .... especially if he was driving with your knowledge or presence. How irresponsible can someone get?

 

I would do a deal wth your boyfriend - you take the points and he pays your fine and increase in Insurance Premiums! Assuming you declare it (which you need to by the way otherwise your Insurance will be as good as Null & Void)

 

Hopefully you will both then learn from this!

 

Of course, Chizzy isn't suggesting that you do anything (else!) illegal here. What I'm fairly sure was meant by that statement was that if you're still unsure who was drving and, on the balance of probabilities, it looks likely that it could have been you, then you should just accept the points on your licence as punishment. It looks far more likely to me that you were driving, as your boyfriend isn't insured to drive your car and, therefore, almost certainly would not have been driving it. However, as your boyfriend no doubt loves you very much and would hate to see you short of cash due to the fine, perhaps he could help you out with payment...

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thanks anyways to your sugestions, i know i have been an idiot, but we all make mistakes in life, just needed a bit of advice from people who know what they are talking about, nothing else!

:Cry:

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I agree we do all makes mistakes from time to time - but there is something different between, say, making a turn where we shouldn't have done due to poor signposting, being lost, unfamiliar territory or whatever and running a Red Light through either recklessness or lack of attention.

 

Having said that I do hope that 1) you can get it sorted, and 2) that you do learn from it.

 

I know this is going off at a tangent a little but if it was due to lack of attention rather that just pure recklessness can I urge you to get yourself on a scooter or motorcycle and get a licence for that. It's not that I want you out of a car but if you want to bring everything into sharper relief and get to understand just what a danger some people are in cars then there is no better training to be had. Besides that it makes you a better driver through the need for observation & awareness at all times.

 

And before you say "I wouldn't ride a motorcycle, it's too dangerous", then just think about why it's considered dangerous. It's the blind and inconsiderate idiots in cars most of the time! In spite of that it's also more fun and quicker for getting around cities on - most of the time it's also Congestion Charge/Toll Free and usually offers Free Parking.

 

Good luck.

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I agree we do all makes mistakes from time to time - but there is something different between, say, making a turn where we shouldn't have done due to poor signposting, being lost, unfamiliar territory or whatever and running a Red Light through either recklessness or lack of attention.

 

Having said that I do hope that 1) you can get it sorted, and 2) that you do learn from it.

 

I know this is going off at a tangent a little but if it was due to lack of attention rather that just pure recklessness can I urge you to get yourself on a scooter or motorcycle and get a licence for that. It's not that I want you out of a car but if you want to bring everything into sharper relief and get to understand just what a danger some people are in cars then there is no better training to be had. Besides that it makes you a better driver through the need for observation & awareness at all times.

 

And before you say "I wouldn't ride a motorcycle, it's too dangerous", then just think about why it's considered dangerous. It's the blind and inconsiderate idiots in cars most of the time! In spite of that it's also more fun and quicker for getting around cities on - most of the time it's also Congestion Charge/Toll Free and usually offers Free Parking.

 

Good luck.

 

And of course all the motorcycle riders stay in lane, never overtake (or undertake) never speed, nevr cut across you.

It swings both ways mate.

Sorry to rant but why aren't theier TV adverts telling bikers to be carefull instead of balming all the car drivers..

And dont get me started on 17yr olds on scooters

Sorry Rant over....lol

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And of course all the motorcycle riders stay in lane, never overtake (or undertake) never speed, nevr cut across you.

It swings both ways mate.

Sorry to rant but why aren't theier TV adverts telling bikers to be carefull instead of balming all the car drivers..

And dont get me started on 17yr olds on scooters

Sorry Rant over....lol

 

There are ads on TV telling motorcyclists to be careful. I guess you just don't see them, just like you probably don't see motorcyclists when you are driving on the road:D

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PKea

I never said that motorcyclists do anything untoward - of course there are those that will. The point I was making was that the training they go through makes them more aware of what is happening around them for their own safety. We see every ripple, rut, hole, diesel spill, smooth tarmac, overbanding, badly placed manhole cover etc because they are potentially life threatening to us. We also see what you are upto as drivers, and sometimes it scares the crap out of us.

 

I would suggest that you open your eyes on more than one account:

 

1) Read the post before letting your prejudices and venom out

2) If bikers are as bad as you suggest then why do Dept. of Transport figures show that in only 38% of accidents involving a bike and a car was the rider at fault.

3) Get on a bike and find out for yourself pal. I ride and drive. I see bad examples of both. But strangely I have yet to see an incident when a bike has put the life of a car driver at risk just because of poor observance (although I am sure you can correct me on that)

4) The majority of us bikers have already weighed up the pro's and cons of a move before you are even aware of us because you are too bloody dozy or fiddling with your CD/Radio, using the phone, eating/drinking or just plain bored out of your brains from sitting in queues of traffic

5) 17yr olds on Scooters are someone's sons and daughters. They have just found a little freedom for the fiirst time in their lives. They may seem reckless to you. They are inexperienced and young - cut them a little slack you curmudgeonly windbag. You too were once young - try and remember what it was like.

 

I guess what gets your rag is that we bikers do not have to sit in those queues like you! And guess what? We smile more because of that - just that you can't see it! Ha ha ha .... Try being nice for once and let the biker through - he ain't holding you up, it's all the other drivers around you that are doing that. I acknowledge with a wave or 'thumbs up' every driver who moves across for me at anytime, so I ask you all to keep doing that for those of us bikers who do acknowledge your kindness - I am sorry to say that not all bikers do, but that's because they are humans not just because they are bikers. I lose count of the car drivers who also refuse to acknowledge any courtesy shown to them by me in a car.

 

Oh and for your information PKea, filtering is not illegal per se. A Court determined that not long ago when they found a driver guilty of causing a bikers death by turning right without signalling and paying due care.

 

Now go and stay warm and dry in your tin box with airbags, heating, crumple zones, ABS, EBD, Traction Control, heated mirrors, windscreen wipers etc instead of living for the sheer enjoyment of it.

 

Oh, and bye bye - see you when you get there! Eventually!!

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Yeah right - go on then pick the holes in my reply.

 

You started the fight - now finish it. But you can't because your argument was just pure prejudice and nothing more. You may have raised my hackles a little with your stupid comments, but you have also failed to see any of the balance in my reply. I wonder why? Is it because you aren't looking? Again! as previously pointed out by Rob S .... hmmmm

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