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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Received a NOTICE INTENDED PROSECUTION. 39 in a 30 zone


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I think the general jist is for me to own up to a speeding offence.

 

I do not remeber this incident though, as in the location and why I would have been there..

 

'I' was apparently doign 39 in a 40.

 

I have never had a speeding ticket or one of these in the door. I did get a DD10 (drink and drive) and that was 4 years and 7 months ago so nearly up. Clean license.

 

Should I just sign it and own up or challenge it, I am meant to be leaving the country end of January..

 

What are my options?

 

Thanks.

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39 in a 40?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They're not chasing you just yet. They're looking to find who the driver was. First port of call is the registered keeper.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They're not chasing you just yet. They're looking to find who the driver was. First port of call is the registered keeper.

 

OK that makes sense, so what if I said it wasn't me and I could not prove anyone else weas driving, it would land on me yes? As honestly I do not remeber driving there. What shoula I do now?

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If you dont name another driver, then it will be assumed it was you unless you can prove it wasnt.

 

You could always ask to see the evidence they have, but im not sure if that will remove the option of you getting a FPN, and instead it goes to court or not.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Er..I don't think so.

 

If you do not provide the driver's details the speeding matter cannot be prosecuted as there is no evidence who was driving.

Instead you will be prosecuted for failing to provide driver's details.

This means a court appearance, a hefty fine, six points and an endorsement code (MS90) which insurers hate.

 

You can ask for "any photographs which might help identify the driver".

They are not obliged to provide them but usually do (by providing a link to a website).

The photographs usually do not help in that task.

 

You are not entitled to any evidence unless the matter goes to court.

You should be offered a Speed Awareness Course for that speed provided you have not done one for an offence that occurred in the three years prior to this one and that the offence was not in Scotland (where courses are not offered).

 

It's your choice whether you ignore all this as you are leaving the country.

If you do the matter will be heard in your absence and any fines that are imposed will be waiting for you if and when you return.

 

By the way, you do not currently have a clean licence.

Endorsements for offences involving alcohol or drugs remain on your licence for eleven years and are active (in the event of a another similar offence) for ten years.

Edited by dx100uk
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Looks like I better own up, so couls be a chance to do a course... ?

 

Do you know how soon these can be done, or could I opt to do one in 5 or 6 months?

Edited by dx100uk
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No, you cannot do it in five or six months.

 

You have to complete it within about four months from the date of the offence (this is to give them time to prosecute

- which they must begin within six months

- if you fail to do the course).

 

At the very least you should name yourself as the driver and avoid the more serious charge of failing to provide driver's details.

 

After that you need to decide what you want to do.

 

If you're not going to be here for a few months that largely rules out a course or a fixed penalty.

 

Speak to the ticket office to see if they have any suggestions.

Edited by dx100uk
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If you are 100% sure you wouldn't have been there you could ask for photos and check if it is your vehicle or a clone?

The NIPs are sent out relatively swiftly so you should have some idea whether being there was even a slight possibility. The other option is being able to prove you, and more importantly the car, was elsewhere.

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