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Evington

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  1. Evington

    licence revoked

    Licences are usually revoked under the New Drivers Act 1995. https://www.gov.uk/penalty-points-endorsements/new-drivers The licence is revoked because in the two years after passing their first full licence the holder has received 6 or more penalty points. The revoked licence means a new test will have to be taken after the theory test has been passed.
  2. Report today the Westminster Council is use money received from Parking Fines, to plug a black hole in its finances.Autoblog UK much for road safety!Evington
  3. Speed devices are calibrated annually. They do have a calibration certificate.Most are only calibrated to 80mph.The operator is required at the start and finish of their duty, to do a distance check. This should be recorded in their pocket book. Quite often it’s not done.You need to read the Association of Chief Police Officers guidelines to see exactly what is and is not required.You must remember that the guidelines are not law, but most courts would follow the guidelines as ‘best practice’.Before pleading guilty you should have asked the CPS to provide you with all documents that they are going to use in court. You do this by pleading not guilty by post and if all the documents are in order then you change your plea in court.Evington
  4. My son's had the usual 4 letters from a PPC, 2 from Roxburghe and 2 from Graham White's. He has also had 1 phone call from Roxburghe and also 1 phone call from Graham White's. Both times I answered, that he was not the driver and both times I was told that he should put that in writing to them (no chance). I told them he was under no obligation to and not to ring again. To date he has had no further contact. They have spent money on obtaining the RK details and 8 lots of postage, 2 phone calls and they will get nothing in return, not really a good business model. The ignore route is the best way as it gives them nothing. Evington
  5. I read on the Parking/Traffic Offences forum recently about PPC having to have all the company information on paper, e-mails and web, but searching back I'm unable to relocate it. Any help in locating it would be most welcome. Many thanks Evington
  6. The 6 point rule only applies to your first full licence. If he has a full motorbike licence then he would need 12 points before he could get banned. The owner of BSM now has 17 and still not banned. If the points were awarded before he took his car test and his car test is his first full licence. Then he will not automatically get his licence revoked, but any more points and he will. Having your licence revoked is not the same as being banned. If the licence is revoked you have take a new theory and practical test. Evington
  7. The Traffic Sign Regulation and General Directions 2002. Ground- The contravention did not occur; specifically that the restriction is not signed as prescribed by the Traffic Sign Regulation and General Directions 2002 (the TSRGDs). Why the signing/ road marking is non- prescribed. Road marking must conform to “Schedule 6 Road Markings. The road markings numbered 1017/1018 are continuous line terminating with T Bars. Particular attention is drawn to item 4, Permitted Variants.: None. The road marking in the restricted area are not continuous and do not have the required T Bar endings, so therefore Varying from the prescribed regulation. Note. That if the restriction is followed by another restriction then no T Bar is required between the two restrictions. Davis v Heatley [1971] R.T.R 145. Because by s.64(2) of the Road Traffic Regulation Act 1984, traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the regulation of which is an offence contrary to s.36 is not prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind. Have used this in court myself the case was thrown out and I collected £130 in costs. Evington
  8. my local council charge £60 to paint a disabled badge on a parking space, they also tell you they can't enforce it so whats the piont. Evington
  9. In the Joint Annual Report of the Parking Adjudicators 2003/2004. Page 10 of that report details the case of the lady boarding/alighting from a car on DY with loading restrictions, plus she was using a blue badge. However the court are not interested with what happens at the NPAS. It all boils down to who issued the ticket. Evington
  10. The T-Bar has to be at the end of a restriction. However if the one restriction is immediately followed by another no T-Bar is required. Example of double yellow lines being immediately followed by a pay and display parking bays, no T-Bar is required. There has been a case about this and the appeal was turned down. The regulation that covers the road markings is; The Traffic Signs Regulations and General Directions 2002 The contravention did not occur; specifically that the restriction is not signed as prescribed by the Traffic Signs Regulations and General Directions 2002 (the TSRGDs). References in this representation to Road Markings refer to that statutory instrument (2002/3113). Davies v Heatley [1971] R.T.R 145 Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind. 2) Why the signing/road marking is non - prescribed Road Markings must conform to the enclosed diagram “SCHEDULE 6 ROAD MARKINGS. The road markings numbered 1017/1018.1 are a continuous line terminating with T Bars. Particular attention is drawn to item 4, Permitted Variants: None. The road markings in the restricted area are not continuous and do not have the required T Bar endings, therefore Varying from the prescribed regulation. Quote from CPS website The expression `traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984 and the colour, size and type of signs are prescribed by the Traffic Signs Regulations and General Directions 1994. Evington
  11. They always turn you down when you first write. You need to go back to the location that the ticket was issued and take photos with a normal camera (not digital). Have two copies made send they a copy with a further letter stating. With regards to the above PCN issued to my vehicle I would like to remind you that you have a statutory obligation to maintain the lines and signs under section 18(1)(b) of the regulations 1996 and DPE maintained by local Councils. Where my vehicle was parked the double yellow lines are broken. (Picture enclosed.) Therefore the relevant TMO is invalid, as you have failed in your statutory obligation to maintain the lines/signs. May I respectfully remind you in numerous other cases even though a reasonable man may see the lines to be valid any part of DPE that does not comply with the RTA is void and unenforceable. I now respectfully request that you cancel the above-alleged contravention by the way of letter of confirmation. As you are fully aware of your statutory duty to maintain the lines for the TMO to be valid any further demands for money from you will be considered to be harassment and as such a complaint will be made to the local Police. If this case escalates I will of course claim both costs and also for the undue stress you have caused me. With reference to the Harassment Act 1997 as you are aware of your statutory duty which you have not fulfilled, any further demand also for money will be construed as demanding money with menace and will be treated as such. Yours There has been case law on this matter. The one that covers this is; Davies v Heatley [1971] RTR 145 QBD 4th Feb 1971 Hope this is of some help Evington
  12. went to court 16/01/07, double yellow lines were not continuous as they had a break in them of 11" 6'. Quoted "The Traffic Signs Regulations and General Directions 2002" & Davies v Heatley [1971] R.T.R 145. Case won. Asked for and got £130 costs One up for the little man Evington
  13. In the booklet I got with my wifes blue badge it states. "Badge holders may usually park on single and double yellow lines for up to three hours in England and Wales or without any time limit in Scotland. Except where there is a ban on loading or unloading." The NPAS had a case in there 2003/2004 report. A lady parked on double yellow lines with a ban on loading/unloading. To take her husband in a wheel chair into the bank she returned straight the way to remove the car to proper parking place but had a PCN on the window. She appealed and won the case as it was deemed she was boading/alighting and this is allowed even where loading is prohibited. Some council publish a parking enforcement policy This from one I found on the net " Except on designated clearways and zig-zag (school and pedestrian crossings) restrictions, any vehicle will be allowed a reasonable amount of time to drop-off or pick up passengers irrespective of any waiting or loading restriction in force. It is deemed that two minutes is sufficient for this unless it involves the elderly, disabled person, young children or large amounts of luggage etc." It does not say how much time should be allowed. This maybe of help Evington
  14. Used the Davies v Heatley [1971] R.T.R 145 in court today 16/01/07. Prosecution a little taken back. They do not like nobodies throwing case law at them. Double yellow lines with no loading restriction had a gap of 11" 6' where road had been repaired and yellow lines not replaced. I had photos and copies of The Traffic Signs Regulations and General Directions 2002. The outcome was prosecution offered no evidence, I asked for and got £130 compo as it was the third time in court. If you use photographs as evidence you must take the negitives to court to show you have not messed with the photos. Evington
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