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Everything posted by Gick
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Speeding offence - surrender license?
Gick replied to AnonymouslySped's topic in Speeding and Motoring Offences
Wrong. In every Fixed Penalty case, the fulfillment of the requirement to avoid prosecution is conditional on the submission of the licence. -
DX, sorry to have to remind you that NO ONE can be fined for a parking offence as it was decriminalized years ago (1991). The Council can issue a Penalty Charge Notice. The Police ban issue a Fixed Penalty Notice but only on Red routes, or within the zig zags of a pedestrian crossing, which if not paid can be enforced by a court.. Only a COURT can issue a Fine.
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MikeW001 As you have never registered an account, it cannot be closed! All you have to do is disappear into which ever happy place you inhabit.
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Being sued for private car sale *** Claim Dismissed ***
Gick replied to Alesha's topic in General Motoring Issues
In the paragraph ' I have no engineering knowledge – and I sold the vehicle to you in absolute good faith. I'm glad that you have noticed that there was no engine warning light and so there was nothing to indicate to me that there might have been any faults other than the ones that I do to your attention.' I think that this should be drew -
Just to clarify, only a Court can issue a FINE. The Police cannot, they can however issue a Fixed Penalty Notice (decriminalized). Likewise the Council cannot, they issue a Penalty Charge Notice (also decriminalized) The differences are that only the Court issued Fine results in a record that can be referenced in a subsequent court case - subject to time limits.
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Man in the middle has clearly explained what the trial on Monday will entail, but from previous posts it seems that you may be confusing the purpose of the hearing. Irrespective of the background to the production of the NIP, the court is only interested in whether the prosecutor (the Police) can prove that YOU were guilty of the offence. You are producing a signature (historic, not recently manufactured) which can be compared with that on the form returned. You will also be able to state on oath that you do not hold and never have held a driving licence and do not know how to drive. This should be sufficient to have the case dismissed. THEN, there is every likeliness that an investigation will be ordered and your ex-boyfriend will face a criminal trial which will hopefully answer all of the questions that remain in your mind. There is every likeliness that he will face a long time in prison which may help to mitigate the harm, time wasted and stress that he has caused. Good luck.
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VCS PCN LOC Now claimform - Berkeley Centre, Sheffield
Gick replied to Legggy's topic in Private Land Parking Enforcement
I think that you might like to change the second date in para 6 to 'on or about 25th November 2013' -
Car pile up on A road, car written off, TPFT only
Gick replied to The Phantom's topic in Motor Insurance
So being accurate when it comes to legal matters is pedantry? Well I never! -
Car pile up on A road, car written off, TPFT only
Gick replied to The Phantom's topic in Motor Insurance
Next Tuesday is 28th January. The 5th of February is a week on Tuesday. -
speeding on the A127 Rayleigh essex
Gick replied to guffedoffdriver's topic in Speeding and Motoring Offences
The OP is beginning to sound like a Freeman on the Land!!! -
lookinforinfo: There is no 'being found guilty' There is no 'fine' In the County Court the Judge finds for the claimant or for the defendant only. If the former then the sum claimed is due (or a lesser amount if the amount claimed has included non-enforceable elements). If the latter, no money is due.
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You could have filled in the section of the S172 request with the name and address of the person to whom you sold the vehicle! The six points is to penalize anyone who thinks they can avoid a conviction for something like a speeding offence (generally only 3 points) by ignoring the request for driver identity (part of the Notice of Intended Prosecution letter) There could be many serious offence resulting from the 'hit and run' such as a)No insurance, b) no MOT, c) careless/dangerous driving. Even causing death by careless/dangerous driving. Are you getting the idea now why failing to identify is treated so seriously and the penalty is so high?
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The six points are not for simply 'not replying to a letter', The letter was a request to identify the driver when an offence is alleged to have been committed. This is separate from the original offence. There are few defences for this offence, but no longer being the owner is one! The fact that the 'hit and run' occurred the day before the registered owner change took place is unfortunate for you, but all the details that you amassed to show you could not have been the driver is irrelevant as it is the failure to identify that you were charged with. My local magistrates court fine £660 + £60 Victim surcharge and £85 costs in addition to the 6 point endorsement for failing to identify!. This does reinforce the mantra of ' read and re-read' any document that has a legal aspect.
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Car pile up on A road, car written off, TPFT only
Gick replied to The Phantom's topic in Motor Insurance
You might also like to contact the driver of the vehicle into which you were pushed and see if you can obtain a confirmatory statement that you had stopped behind them before the impact that pushed you into them. Often in these circumstances the sound of locked tyres will alert a driver and they will automatically look in the rearview mirror. The insurance of the vehicle in front will wish to claim off YOUR insurance (The Third party), so your own company will become involved to that extent and may wish to pass that indemnity to the vehicle that hit you. Unfortunately where there are multiple vehicles involved it often takes a long time to sort out and often results in 'knock for knock' within the companies involved to reduce litigation costs. This is why I would advise getting a statement, if at all possible, from the driver in front or any other witness as quickly as possible. -
ECP ANPR PCN - overstay - River Walk, Tonbridge, Kent
Gick replied to Hopgarden13's topic in Private Land Parking Enforcement
There is no need to apologise, we were all newbies at one time! The reason for asking you to not always use the quote button is that it can make a thread incredibly long and tedious for caggers to follow. It is useful if you wish to highlight something that has previously been said by underlining a word or phrase or using the bold button or a different colour. -
The result of a POPLA appeal is only enforceable on the PPC. ie. if it had been in your favour the PPC cannot take it any further. The appellant does not need to do anything. The only recourse for the PPC is to either make a claim in the County Court, or give up. There is nothing you can do about the perverse decision of POPLA, as it is funded by the PPC's and is only marginally better than the IAS as far as legal understanding is concerned. It is for these reasons and from a number of years experience that CAG does not generally advise appeals to either the PPC or POPLA. You can look forward to numerous letters, some threatening, often quoting Parking Eye v Beavis in the Supreme Court usually out of context. The next step for you will be to come back if you receive a Letter before Claim . You will then receive advice on how to deal with it.
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I am sorry that you have experienced this. It can be completely unsettling, but you could ease your mind a little by taking the following steps. If you don't at present make diary entries start now, noting movements by time and noteworthy events, people you are with who would be able to confirm your whereabouts later on. This might appear onerous, but doing something positive will help calm your disquiet. In particular, as you say that you do not use your vehicle very often, be meticulous noting any journeys, mileometer readings and routes to be able to refute future allegations. Photograph all views of your vehicle, including any special distinguishing features on a time stamped camera. You could even add discrete stickers before taking those pictures so as to show that any produced by either local authorities (bus lanes, box junctions etc) police for speeding and speculative parking charges from private parking companies are not your vehicle. Best of luck and should you have problems, come back for specific advice.
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It would appear that the 'garnish order' in relation to the failure to pay the fine imposed at the first trial (of which you were not aware) was in place before your Statutory Declaration. You are just unfortunate that your SD did not come in time for the order to be stayed. You will get that money back after the new trial when you are found not guilty/the case is dismissed. I would suggest that you get to the court early and seek out the duty solicitor who should be able to reassure you in the same way that dx and man in the middle have. His service is free for advice. Remember to BREATH, listen carefully to everything that is said or asked of you and if anything is unclear, ask for it to be repeated or say. "I'm sorry you worships I do not understand" (if bench of magistrates) or "your honour" if district judge.. The duty solicitor or court usher will be able to tell you which. You are entitled to sit in the public area to watch proceedings prior to your case being called and this will help you familiarize yourself. There will be a list of cases being heard in that court so you will see when you are likely to be called. Best of luck
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