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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • 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?
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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please help re: speeding tickets


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both my parents have no points on their licence currently.

 

they both caught speeding at 5.30am nr swindon on the a419 (they think that is the road!)

 

there were roadworks, with the restrictions @ 40mph

 

they were following each other down to their holiday in cornwall.

 

my mum got caught @ 53

my dad @ 60something

 

would any of you kind folks know what they would be in for?

 

my dad needs his licence as he drives for a living.

 

nice one :)

 

david

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If your dad needs his licence, why on earth would he deliberately put it in jeopardy by by doing 20 MPH over the legal speed limit?

I have never understand why people drive in such a manner as to risk their licence and then whine that they need the licence for work. If it is important, don't risk it surely? I'm afraid your parents will have to live with the fine and points and regard it as a lesson learned.

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sequenci

How where they caught fixed camera? Also if they where following each other how come if one was clocked doing 53mph & the other 60 something. Either one was losing the other or about to run into the back of the other

 

Can you give a bit more info?

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If your dad needs his licence, why on earth would he deliberately put it in jeopardy by by doing 20 MPH over the legal speed limit?

I have never understand why people drive in such a manner as to risk their licence and then whine that they need the licence for work. If it is important, don't risk it surely? I'm afraid your parents will have to live with the fine and points and regard it as a lesson learned.

 

i'm not sure he realised the restrictions at the time... usually the limit on that aprt of the road is 70.

 

it's a fixed camera

 

i think my mum (who was following) clocked dad getting flashed and theirfore slowed down (but still got clocked also)

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i'm not sure he realised the restrictions at the time... usually the limit on that aprt of the road is 70.

 

it's a fixed camera

 

i think my mum (who was following) clocked dad getting flashed and theirfore slowed down (but still got clocked also)

 

In my experience of speed cameras (49 flashes) and a few threats through the post I phone the office concerned when I received the reminder stating that I had not received the form, then every three weeks I would call and ask for the form, blaming poor stste of the post etc. Everytime I requested the form to be sent registered post and I made sure notes were put on their system and after four or five months they always gave up as I said it hadn't arrived (they could never prove it unless it was sent registered post) and I was being perceived as 'honest' because I would phone them for the form. It works for me every time. I am not a prolifigate speeder and I think 49 flashes in 1.2 million miles isn't bad.

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Brechiner, why don't you just drive within the legal speed limit?

I used to be a sales rep clocking up many thousands of miles a year and never got a ticket. In 25 years of driving I have never once had a speeding ticket. I simply keep within the limits because I think it is anti social to speed. The limits are there for a reason and I for one could never forgive myself if I killed someone's pet or child because I disregarded speed limits. Surely it isn't that hard to keep within the limits?

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I might be totally wrong but if it is their first speeding offence, they will get away with a £60 fine, and maybe the option of taking 3 points or attending a speed awareness course in the county where they were flashed.

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I might be totally wrong but if it is their first speeding offence, they will get away with a £60 fine, and maybe the option of taking 3 points or attending a speed awareness course in the county where they were flashed.

 

i hope this is the case!

 

after all they have over 60 years of driving with no points ever!

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i hope this is the case!

 

after all they have over 60 years of driving with no points ever!

 

Sad as it is they shouldn't really worry because very soon the way things are going we wont be able to walk to our cars, never mind drive them, without committing some sort of offence

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Brechiner, why don't you just drive within the legal speed limit?

I used to be a sales rep clocking up many thousands of miles a year and never got a ticket. In 25 years of driving I have never once had a speeding ticket. I simply keep within the limits because I think it is anti social to speed. The limits are there for a reason and I for one could never forgive myself if I killed someone's pet or child because I disregarded speed limits. Surely it isn't that hard to keep within the limits?

 

Firstly, over 90% of flashes were in road works at night when there were very little traffic if any on the road,

secondly, you are doing more environmental damage driving within the speed limit at 40 then at 51, which was the speed when I was flashed. I wasn't going way over and when I have a deadline from S London to Glasgow, via P'boro, Leicester, Manchester, Scotch Corner and Hamilton before reaching Glasgow. and there are spurious speed restrictions, which should be there when the traffic is heavy and or when people are working, on sections of road when no one is working. I would have loved to do the trip on public transport but I would have to double or triple the time taken and the ability to take about 4,000 magazines is also a little tricky

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I might be totally wrong but if it is their first speeding offence, they will get away with a £60 fine, and maybe the option of taking 3 points or attending a speed awareness course in the county where they were flashed.

 

Speed awareness courses are only offered to people who exceeded the limit by the trigger speed + a maximum of 3mph.

 

In a 40 (Trigger Speed 46) zone that would be 47,48 & 49 but not guaranteed.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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fenwoman: have you been involved in a speed related accident? Do you 'hover' here in order to gloat over people who have been caught speeding? Do you get a kick out of doing so?

 

I say this, because you have in no way, shape or form answered Sequenci's question; you have simply provided your 'judgement' of a freely described event.

 

I would also like to question your logic:

 

"deliberately put it in jeopardy by doing 20 MPH over the legal speed limit?"

How on earth do you know that he was DELIBERATELY driving at this speed?

(People DO have moments of lack of concentration).

 

"drive in such a manner as to risk their licence and then whine that they need the licence for work"

Sequenci is the person commenting about his/her father. Sequenci's father is not here "whining", so who do you refer to as "whining"?

 

You then proceed to tell Sequenci what his/her parents should do on a personal mental level (which I'm sure they will do without your deep, inspirational advice) without ever referring to the only question that Sequenci asks!

 

You simply 'went off on one' regarding something that bears no relation to the simple question put to you!

 

If you are going to respond to thread's, then RESPOND TO THE QUESTION ASKED WITHIN THREADS.

 

In a later response, you state that "speed limits are there for a reason". You do not state what that reason is.

The 'reason' is: to fill government coffers.

Since the implementation of speed-cameras: road-deaths have increased massively - official. This is due to the retraction of Police monitoring because speed-cameras 'allegedley' cover this now.

If you really believe that speed-limits are imposed for any other reason than to take even more tax from the population, then you need to gain some life experience.

If taxing car drivers in such a way has increased road-deaths, what will it take to convince someone like you?

 

Sequenci, I'm afraid that consistently safe drivers like your parents (who are not really high earners - no doubt) are going to be hit hardest, because their earnings aren't enough to be able to save their licenses by buying their way past the British legal system (in line with Yank law).

 

Brechner, your process sounds realistic, but it isn't clear. You receive a threatening letter re: caught by camera - you then do what?

 

ATB

 

Darrylles

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I have a belief that some people are less fortunate than others and are always on the receiving of bad luck, and it not just because they do wrong in life. We are ALL only human after all, some drivers speed without realising, others fall asleep at the wheel :eek:

 

I have a road close to where I live, there were 2 people killed in 18 months before the council installed 2 Gatsos, now since the Gatsos were installed almost 30 months have passed, and 6 people killed. The last accident didn't result in death but did involve a police car. 2 months ago after constant pressure the cameras were removed.

 

So what does this tell us, it tells us the same story as the rest of the country speed cameras don't save lives, they help end them.

 

For someone to post on here and claim they have never "accidentaly" done 35 in a 30 is a liar, even your average "flat cap sunday driver" has broken the speed limit at least once in his 75 years of driving. This government is out to steal every last penny from us in stealth taxes, to fund its evil agenda.

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fenwoman: have you been involved in a speed related accident? Do you 'hover' here in order to gloat over people who have been caught speeding? Do you get a kick out of doing so?

 

I say this, because you have in no way, shape or form answered Sequenci's question; you have simply provided your 'judgement' of a freely described event.

 

I would also like to question your logic:

 

"deliberately put it in jeopardy by doing 20 MPH over the legal speed limit?"

How on earth do you know that he was DELIBERATELY driving at this speed?

(People DO have moments of lack of concentration).

 

"drive in such a manner as to risk their licence and then whine that they need the licence for work"

Sequenci is the person commenting about his/her father. Sequenci's father is not here "whining", so who do you refer to as "whining"?

 

You then proceed to tell Sequenci what his/her parents should do on a personal mental level (which I'm sure they will do without your deep, inspirational advice) without ever referring to the only question that Sequenci asks!

 

You simply 'went off on one' regarding something that bears no relation to the simple question put to you!

 

If you are going to respond to thread's, then RESPOND TO THE QUESTION ASKED WITHIN THREADS.

 

In a later response, you state that "speed limits are there for a reason". You do not state what that reason is.

The 'reason' is: to fill government coffers.

Since the implementation of speed-cameras: road-deaths have increased massively - official. This is due to the retraction of Police monitoring because speed-cameras 'allegedley' cover this now.

If you really believe that speed-limits are imposed for any other reason than to take even more tax from the population, then you need to gain some life experience.

If taxing car drivers in such a way has increased road-deaths, what will it take to convince someone like you?

 

Sequenci, I'm afraid that consistently safe drivers like your parents (who are not really high earners - no doubt) are going to be hit hardest, because their earnings aren't enough to be able to save their licenses by buying their way past the British legal system (in line with Yank law).

 

Brechner, your process sounds realistic, but it isn't clear. You receive a threatening letter re: caught by camera - you then do what?

 

ATB

 

Darrylles

 

Yoyu forget to mention that as they are normaly law abiding citizens the DVLA will have the correct records to track them down unlike the real motoring villains of today.

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I think people tend to focus on the black and white of speeding. There are grey areas. However, most of us are aware that there is a trigger speed for cameras, which is usually 4 or 5 miles over the posted speed limit. If you don't want to get flashed, slow down. It's not as if enough hasn't been done for us drivers, they are now luminous yellow, and have signs warning us that they are coming up.

 

As for illegal drivers, I know the council I work for frequently team up with the DVLA and sweep through whole estates checking cars for tax, insurance and MOT. The last sweep several days ago netted over 200 cars for removal.

 

However, before you all attack me for being pro-camera, I will agree it's not the speed that kills, it's bad driving. I do think the dependance on camera's is over the top, but it's a reality of life, so we all have to deal with it. The case of the parents being caught at night on a main road does seem very unfair, especially if there was nobody working on the road at that time, but if it was clearly signposted as 40 through the roadworks, it does have to get chalked up to bad luck.

If money is the route of all evil, I must be a Saint

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Beaker thats all well and good where you live that doesnt happen here by any stretch of the imagination in fact I have personally phoned the police and the council 4 times in the last 6 months about vehicles with

 

No Permit

No Road Tax

Illegal vehicle - dangerous

 

each and everytime I get told "Thank you for reporting it there is no police interest in the vehicle"

 

Now when I just passed my test I drove to the post office to get my road tax (yes lazy but it was 2 miles away and no direct bus route) and I got roasted by a coppper for it (picture an 18 yo messing themselves) even tho I had everything in the car inc the form already filled in and the correct money all in an envelope.

 

Sadly the police dont really seem to do much today except for drive around at 159mph in their pursuit cars.

 

But back on topic your parents should be fine I expect they will get £60 and 3 points, no one has mentioned though that they may be lucky and the camera may not have had any film in it its happened to my dad a few times been flashed and never heard any more about it so keep those fingers crossed m8

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They will know soon enough if the camera was active.

 

If they are to be prosecuted, then the enforcing authority (Police or Camera Partnership) must send a Notice of Intended Prosecution (NIP) to the registered keeper to arrive within 14 days of the alleged offence. Not counting the date of the alleged offence, this date is the 9th September - so if there is nothing in the post for the registered keeper by Saturday - then they are home free. If the NIP arrives after Saturday, it is 'out of time' and they cannot be prosecuted

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Guest strangewayofsavin

Hi, having been caught 3 times by cameras, and tried to get away with it 3 times (and failed) here it what I know, & researched.

The speed cameras have to be calibrated at least once a year, to which a certificate has to be issued, so you could ask for proof of this certificate, but usually they have it, however, not sure about temp ones.

The calibration is 10% over the permitted legal speed limit, this is incase your speedo is out (m.o.t states 10% max), so in a 30mph, if you do 34mph the unit will activate.

Once you have been caught, Camera partnership have 14 days to issue you with a note of intended prosecution. However, one of mine came after 17 days, this was because it was a company vehicle, so they have to give 14 days for the lease hire company to nominate the owner, and the owner 14 days to nominate the driver etc.

The standard penalty, is 3 points on the drivers liscence and £60 fine. In exstreme cases, i.e doing 70 in a 30, the points can be raised or a complete ban, and I think up to £2000 fine. A speed awarness course is only available to those who have been caught speeding who have not exceeded 40mph.

The only way to get off is as follows:

1) you can prove you were not driving the vehicle at the nominated time, in the nominated place.

2) there is no calibration certificate for the gatso or radar gun covering the last 12 months.

3) the road signs on the stretch of road do not conform to current legislation (info available on many a speed camera, dvla or police web site).

4) if you request evidence, and the information you recieve is incorrect, i.e time and date are incorrect (does happen, but usually uncalibrated units).

If none of the above apply, then just pay up & slow down...

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I am sorry that you have failed to get any of your 3 offences discharged but a lot of the above is misleading.

 

Cameras are calibrated in line with the individual type approval. This lays down the necessary accuracy. Calibration is normally annual and you can request a copy of the calibration certificate if your case goes to court.

 

The calibration is very accurate. The trigger threshold is set by the operator and this is normally 10% +2 above the limit.

 

If your vehicle triggers a camera, the Registered Keeper must be served with a Notice of Intended Prosecution within 14 days, not including the day of the alleged offence. If this is not done then any prosecution must fail unless the Police can show valid reason as to why it was not possible (V5 not or recently updated, etc. - slow post is not a valid reason)

 

Unless you already have 9 points or the speed is seen as excessive, you will be offered a fixed oenatly of £60 + 3 points. If the speed is not too high (ie 36 in 30 limit) then some Police forces will offer a Speed Awareness Course. These typically cost £70 - £100 but you don't get any points. You can only attend one course in 3 years. There is no right to be offered this course.

 

There are many grounds for 'getting off', not least of which is the failure of the CPS to put their case together properly. You have no right to see any of the evidence unless, and until, you enter a plea of not guilty to the Court.

 

The law states that you must not speed and prescribes penalties if ypu are caught. however, the law requires a certain conduct on the enforcing and prosecuting authorities. It is not 'getting off' if they fail to follow the law in their enforcement/prosecution.

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Fixed penalty, 3 points and £60. That's if the authorities bother.

 

I can't count the times I've been flashed, (I'm a trucker) and I've only been done once in 20 years. That's not to say I'm base about it because I normally drive in the llimit but you do get caught out sometimes.

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Guest strangewayofsavin

Hi Pat, a few months ago, as stated I had a NIP come through after about 17 days ish, I phoned the camera partnership, and stated it was after the 14 days, her reply was that if the registered keeper (lease company), recieved a NIP, they had 14 days to reply by accepting the allegded offence, or nominate the lease holder, who in turn has 14 days to accept or nominate the driver, I then in turn have 14 days. If I was to return the NIP as not being the driver the 14 days would start again, asking if this could be ongoing, she told me she would have to refer it to her upline manager. On one of my other incident's which was by a radar gun, I was able to ask for evidence, after 7 days a letter containing a piccy of me sitting in the vehicle arrived via registered post. Also when my partner was caught allegdedly speeding, she was given the chance to attend a speed awarness workshop, whilst there she asked why I had not been allowed to attend a workshop, the answer was "He was probably going over 40mph, so he does not qualify".

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Hi Pat' date=' a few months ago, as stated I had a NIP come through after about 17 days ish, I phoned the camera partnership, and stated it was after the 14 days, her reply was that if the registered keeper (lease company), recieved a NIP, they had 14 days to reply by accepting the allegded offence, or nominate the lease holder, who in turn has 14 days to accept or nominate the driver, I then in turn have 14 days. [/quote']

 

Well she was talking absolute bollox!

 

The prescribed time, in law, for the return of the informatoion is 28 days for the date of service. The first NIP, and only the first, must be sent to the RK within 14 days of the alleged offence.

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  • 1 month later...

Just a word of advice regardign this momentary lapse, we all loose concentration arguement.

If you coem out with ose kinds of staements in court, you are basically admitting driving wthout due care and attention. whilst they cant do you for that qany magistrate will take it into consideration, they woudl muchg rather soemone be honest and admit the offence and tak ewhats coming to them.

If there is a problem in the way in which the offence has been reported then all well and good, very few get through the loopholes though.

Where there are road works, the speed limit is there for a reason, it is for your safety and that of any workforce in the area.

I can assure you bods working out on th eroads have a great deal to say about the avergae driver and thier abilities.

I know o fone company who has had 7 crash cushion strikes this year alone resultign in 6 people being taken to hospital, 6 of these strikes have been on the same stretch of road in broad daylight , in all cases speed was an issue and in all cases driver stated that they had not seen the advance warnings or vehicles or indeed the crash cushion until it was too late.

I love the smell of banks coughing up refunds first thing in the morning.

 

HSBC, they tried they failed, they coughed up in full

To all the others beware i am heading your way next.

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