Thanks @Man in the middle

Yes, Mr Keedwell was a bit of a plonker, and i would never advocate Mrs O going down that road.

She needs to learn, and FAST - the next one is 6 months off, and she works 30 miles away!

Thanks for your sage advice, @Manxman in exile and @dx100uk

I'm surprised she was going that fast on that particular stretch of road, but there is a reason why West Mercia's finest stake it out on such a frequent basis.

I'm not here to defend her (nor was i with her, or i would have suggested she moderates her speed), just wondering if there is case-history of these cameras being challenged. You have answered that very clearly, for which you have my thanks.

Time for her to suck it up, i suspect (again )

EDIT: Part of me was wondering if the camera might get it wrong if the view was interrupted by a lorry or something (the van was on the opposite side of the road).

40 minutes ago, dx100uk said:

also 6 points previously for what?

don't tell us speeding......

OK, i won't tell you!!

Hi Caggers, and apologies if this has been done to death elsewhere but i can't find anything specific.

Other half has received an NIP relating to an alleged speeding offence a few days ago. She is gobsmacked, as it is on a stretch of road where there is often a camera van, she saw the van, and she was behind "a little hatchback" going so slowly she didn't even feel the need to check her speedo. They think she was doing 72 (indicated about 75 on the dial, then) in a 60. She doesn't believe it, but daren't risk taking it to court in case she gets a heavier fine and more points. This will take her to 9!!!

Question: In the expert opinion of the assembled wisdom, how often are camera van readings successfully challenged (in court or elsewhere) on the basis of the speed being inaccurate (i.e. not just on a technicality or the NIP having inaccuracies)? It may influence whether she should request a court hearing.

Also, how can it be fair and equitable for police forces to differ in the ability  to access the photographic record (e.g. Lancs where you can, and West Mercia (us) where you can't)? The law is the same throughout England.

Thanks in advance 

That's really helpful - thanks again.

I'm not very happy about the employer's stance on whether it is actually IP income (from the purchaser of the rights) or a payment arising from an agreement between me and my employer, but they assert that the latter is their advised position (issue being that royalties from US patents are not subject to UK income tax).

If anyone has any opinions or expertise on that, i'd welcome your thoughts!

Donation forthcoming!

1 hour ago, slick132 said:

Hi Oddfellow,

 

When you worked for the employer, I assume you were paid on their PAYE system and they took tax (using the appropriate tax code) and NIC.

 

Is this right or were you treated as self employed.

 

If it's the former then, as Ethel St says, the employer is right to deduct tax using a BR Week/Month 1 code. They must give you a form to confirm the gross pay and deductions which you would declare to HMRC after the relevant year end.

 

If you overpaid tax due to the deductions, you will get it back after your tax return is filed.

Thanks Slick.

Yes i was an employee - i left there about 10 years ago. So essentially they dock the tax/NI as if i was paying basic rate with the standard personal allowance, and enter it on a P60?

Slight issue is that (while it isn't an enormous sum) it MAY push me into the 40pc bracket. From reading around a bit, my understanding is that if an additional taxable sum pushes someone over that threshold the WHOLE of the new sum is charged at 40pc. I don't know if that is just until i do a tax return and they recalculate.

The OTHER slight issue is that i assume it will now be paid in tax year 2020-21, meaning that they won't give me a P60 until May 2021. I then submit this in my tax return of January 2022. If it is to be charged at the higher rate (and they deduct at basic rate), i may face a whopping tax bill in April 2022. So i'd better just bank it somewhere, i guess!

Thanks again

54 minutes ago, Ethel Street said:

I don't know the answer for sure but think that whether you are currently employed by them is irrelevant. What matters is if it's income from the period when you were an employee. It's not unusual for an employee to receive income from an employer long after they have left them, eg bonus payments that aren't calculated until the end of the employer's financial year. HMRC will tell them what tax code to use, or they can just use BR and tax it from first £ and leave you to sort it out direct with HMRC later. If they consider it's income from employment and you worked for them as an employee under PAYE I'd say they are obliged to process it as a PAYE payment and deduct the tax and NI. 

 

I'm not an expert though. You could ask HMRC for advice if you can get through to their helpline (good luck with that!)

Thanks Ethel - some useful pointers there. Appreciate you taking the time to respond.

Hi all

Thanks in advance for your collective wisdom.

I am due to be paid a sum of money arising from the sale of patent rights by a previous employer to a third party.

The previous employer is telling me that they are obliged to deduct income tax and NI as it is classified as being earned income. (I'm disputing that classification, but that's another story!).

My question is CAN someone who is not currently your employer (or pension provider) deduct income tax and NI? They don't have my current tax code.

I thought it was down to them to pay me the full amount and then MY obligation to submit a self-assessment at the end of January next year.

Can someone confirm before i sign the document they are asking me to?

Cheers!

Just to clarify, i need to be getting the employer to instruct CPP to cancel rather than "assisting with my appeal"??

Thanks

Thanks EB.

I have spoken to Head of Security, who is in charge of the scheme from the University side, and i work closely with.

He has told me to bring in two forms of proof that i have paid (i.e. my pay slip, as it is deducted as a salary sacrifice, and a screenshot of the permit i hold for that vehicle), and he will be able to cancel it.

Will report back with updates, but i wonder how many suckers have paid the charge when presented with it, given that it is probably not enforceable!

Cheers all.

20 hours ago, dx100uk said:

I doubt the uni owns the land to even sign up CPP

most uni's don't.

Yes, they are a very large landowner. But thanks.

1 minute ago, lookinforinfo said:

Do you have to show your permit when you park and were you showing it on the day you got the ticket.

I need to show the permit when i am parked in the non-ANPR car parks, but i don't believe it requires me to display it in this one. But yes, I was - i have copies in both cars.

Thanks

Hi all

Been a while since i was last here, but i hope someone can advise.

My employer, Warwick University, has recently built a new car park which has ANPR control. I pay a monthly fee for a permit to park in it (and any other car park on site). The online staff system allows us to have four vehicles registered on the system, but we have to identify which vehicle we use on any given day.

I have fallen foul of this rule by taking my wife's car to work for one day (when i DID change the active vehicle), then switched back to mine and forgot to change the active vehicle back.

I have now received a charge notice from CPP.

I have a couple of questions:-

1. As i have paid for a permit for the right to park there, is this system enforceable? That is - i HAVE paid, just used a different car!

2. Can someone remind me of the time limits for ANPR PCNs to be issued? The event was 29/7/19 and the notice was issued on 1/8/19. Is this too soon under POFA? Did they get my details from my employer rather than DVLA, i wonder?

NB: I can provide evidence that the active vehicle was elsewhere that day, so am not using the same permit twice.

Thanks in advance.

PS The signage says "Staff Permit Holders Only", and there are plenty of them, so i wouldn't consider challenging on this point.

They'll certainly be advising you not to use the term "fine"!!!

CCJs are generally only an issue if they get a default judgment against people who have stuck their heads in the sand and ignored court papers, or by "accidentally" using the wrong address for the defendant. Even if you lose in court (which is unlikely given other cases similar to yours), if you pay what the court tells you to within the required time, you won't get a CCJ nor will it affect your credit rating.

Not sure DX, something about case being dismissed after arbitation.

 

Hopefully this case i was sent will help people Ericsbrother:

 

https://www.thesun.co.uk/news/3263657/parking

So this clearly shows that you haven't read ANY of the other threads on here,

or you would know that ericsbrother et al ALWAYS pick apart the PPCs' attempts to comply with POFA2012, just as in this case.

Why do you think you are asked to post up pictures of the signage and the NTK?

Answer: They almost ALWAYS fail to comply,

and that, in the absence of anything else,

could be grounds for your defence.

They were lucky they got a judge who understands the law.

Oh, and it's not a "legal loophole" - Excel simply failed to comply with statute law.

"The judge had never come across that defence before"????

Really? At Manchester "Civil" Court (I presume they mean County)?

Excel reckon they could have avoided it getting to court if the defendant had engaged with them earlier? That's alright then - all you defendants can write to Excel telling them they are engaging with them to stop it getting to court - drop the claim, please"

Is that an indication of the pressure that all these fraudulent cases are putting on the courts system?

I'll defer to the acknowledged experts on exactly what to put at this stage. They'll hopefully be along in a while to help out.

Won't apply to many cases, especially if you DON'T NAME THE DRIVER!!!

Blimey, that's the second one today! Has someone with half a brain starting working for POPLA?

How come BW Legal need to ask Excel for "evidence of the contravention"? Given that it was BW who issued the claim, they should have some idea, shouldn't they?

Failure to respond to your CPR31 request wouldn't be part of your initial defence, but will be useful if they haven't sent the documents by the time it gets to court (or just before, when you write to the court to request a strike-out).

Did the woman defend herself in this case (I haven't seen from the article)? If I was facing a potential loss of that amount, I might have shelled out a bit for a decent specialist defence solicitor/barrister! If she did have defence counsel, they should be strung up as incompetents too!

Write an email to their manager (if you can find an address), and tell them you will give them one opportunity to address this before you resort to social media.