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Manxman in exile

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Everything posted by Manxman in exile

  1. I'm afraid that as I suspected earlier, the police will do nothing. No point going down the IPCC complaints route I don't think. If it makes you feel better, write a formal complaint to the Chief Constable (copy in your local elected Police Crime Commissioner or whatever they're called) and say you are very disappointed and disillusioned by the police's handling of this incident. Outline the facts and say that you are the victim of an act of deliberate and malicious criminal damage (I assume you have evidence or have been told by the police it was deliberate and/or malicious?) that will cost you about £4k to put right - and the police have decided to take no further action. You can try padding it out by pointing out that by not taking action against what they may consider to be "low level" crime, (even when they have an admission from the perpetrator) it inevitably lowers the level of public trust in the police, and reduces the quality of the fabric of society. You know the sort of thing I mean... I would also point out that the police's response that £5 a month is reasonable or satisfactory (whatever they said) is wholly unacceptable to you and would be to any other responsible citizen...blah...blah With the police having got an admission, you consider it clearly to be in the public interest for a prosecution to go ahead for a case involving several £ks worth of criminal damage. (Others will know better than me, is it possible for a victim of crime to appeal formally against a decision not to prosecute? I thought there was such a procedure?) Also, their failure to act makes it more difficult to sue the perpetrator who will no doubt deny it in a civil court [Edit: not sure if it's worth trying to mention you want "compensation" at this stage? Others can judge better than me. I'd want them prosecuted and convicted and take it from there. Not being vengeful - that's what should happen] That's what I'd do. (Let us know how you get on if you try this). Can't comment on the small claims and insurance routes.
  2. Depending on exactly what the police originally said and how long ago it was, I might be a bit concerned that they may no longer be interested(?). Having said that, I think£4k of damage is pretty serious and I'd definitely consider getting them involved again. EDIT: I suspect the police took the easy route originally, and it may be too much trouble to resurrect
  3. That sounds promising. If I were you I'd check my licence online to confirm that the points and conviction have disappeared. That's re your insurance. Keep an eye on the court date of 26 November. If they accept you were out of the country you should be ok for the speeding, but you may still be open to a failure to identify prosecution - it depends why you didn't receive the original NIP. You may be contacted by the police to say both charges have been dropped and that the earlier convictions have been cancelled. I'd want this in writing. Keep chasing them, but if you don't hear any more, I'd make sure I was at court on the 26th. You don't want to be in convicted in your absence again because of some admin. cockup. Make sure the failure to identify is dropped. Make sure you have copies of all correspondence and a note of 'phone calls just in case your insurers have any queries about this - it's a very unusual situation. (Whether you should be informing them about all this, I simply don't know. You've been convicted but didn't know about it, and now it appears to have been erased. I'm a very cautious belt and braces guy, so I'd ask on the insurance board what you should do. Tell your insurers everything or keep quiet about it? Getting it wrong could be expensive).
  4. Too late to edit my previous post, but the problem you have is that the conviction and points are still showing against your licence. Or I presume they still are. You need to get this resolved one way or another before your insurer becomes aware of them. Don't have any accidents before you do!
  5. Insurance Just realised this has not been addressed. Presumably you didn't know about the conviction when you renewed so answered honestly no points etc? Check T&Cs to see what you have to tell them. May not be clear cut. You need to find out if the original conviction stands. Can you contact the court that convicted you and ask? If you contact the police about the October letter, ask them. Insurance can be tricky. (Don't want to scare you but there's a post on Money Saving Expert where somebody failed to declare points and had their insurance voided). You need to get this right. I would post on the insurance board. Say you've already posted here about the conviction, and that you only want advice about what to tell your insurer. Point out you've got a conviction and points on your licence that you didn't know about when renewing, and you're not sure if the conviction still stands anyway.
  6. ^^^ What Man in the middle says. A further complication re any possible "plea bargain" is that it must be too late now to name the driver from last December because it'll be too late to prosecute them*. That means that the only prospect they have of a conviction is to prosecute you for the failure to identify - the speeding is dead in the water. I believe your only defence would be to prove that you never received the NIP/request to name the driver, but it is extremely difficult to get courts to accept this defence otherwise everybody would use it. The police will have evidence that the NIP/request was sent out on such and such a date and it is legally presumed to have been delivered two days later, unless you can prove otherwise. MITM hasn't mentioned a statutory declaration, but I presume he thinks you need to find out if the April conviction still stands first. But don't forget about it - you may need it. *They only have six months from the date of the offence to initiate proceedings against the nominated driver
  7. So, there's no explanation why the first you heard of this was October this year. Your V5C is uptodate with the correct address and there've been no changes of address etc? (NB - changing your licence's address does not change the V5C address). 1. I think you've done the right thing by pleading not guilty to both offences (but see next paragraph). It'll then drop out of the SJPN process and go to court. On the day at court, you seek out the traffic offence prosecutor and offer to plead guilty to the speeding if (and only if) they drop the failure to identify charge. (The failure to identify is a more serious charge than the speeding). AIUI, that is what usually happens. Two complicating factors for you are (a) if you know you couldn't have been driving for the original speeding offence, you may well be committing a more serious criminal offence by pleading guilty to it. You really need to be able to identify the driver from last December. (b) there might be an issue around whether the speeding charge has been brought against you in time. But as their October letter is asking you to plead in respect of it, I assume it must(?) have been. 2. I do not understand why on earth the police have written to you at all. According to your driving licence you've already been convicted of failing to identify and been given six points. Have you not received any notification of a fine or had the bailiffs chasing you? Having been convicted, I'm surprised the police should be so compassionate as to give you a second chance. Why do they think you've not received original documentation? Who has told them? What would worry me is if the original conviction still stands and your window for doing a statutory declaration (21 days) is dwindling, or has dwindled, away.... You could try 'phoning the police and ask whether the original conviction still stands, and if it does, why are they asking you to plead again if you've already been convicted? I can't see that you lose anything by doing that, but others may advise differently. It all seems very odd to me. You may be well advised to speak to a solicitor. I'll see if I can get some other posters to respond as well. *** Are you sure that the conviction and points already on your licence relate to the same offence the police are now asking you to plead on? Could they be different?
  8. When you say "ticket" do you mean the NIP itself? As explained, if your friend is not the RK of the lease car, 14 days is irrelevant. The RK has 28(?) days to respond to the first NIP, so if the lease company is the RK it could be over four weeks before your friend gets their NIP. (It could be much longer if the RK is a finance company: they name the lease company and they name your friend. If the first two in the chain each take 28 days, it'd be over two months before your friend gets their NIP). Concerning your friend who is the RK, is he sure that what he's received isn't a reminder after failing to respond to the first NIP? Could an earlier one gone astray or been "forgotten"? I understand it's very unusual for NIPs to be sent out late and reminders aren't necessarily marked as such. (NB - I'm assuming that when you refer to "notification" you mean a NIP).
  9. AIUI 14 days only applies to the first NIP which has to be sent to the Registered Keeper of the car in question. If your friends aren't the registered keepers (eg they're hire cars or on finance) the 14 days limit does not apply.
  10. I'm a bit confused. You say your licence shows six points from April (2019?) for the offence of failing to identify the driver. But the letter from the police dated 7 October 2019 is offering you the chance to plead again via SJPN? What offence does that letter relate to? I'm assuming it was the failure to identify as it's far too late to try to prosecute for the speeding, but you've already received the six points for failing to identify ie been convicted in your absence. When did you first learn that you'd been convicted? From that date you have 21 (I think) days to do a "Statutory Declaration" stating that you did not know of the proceedings against you. You need to swear this declaration on oath either in court or at a solicitors. The effect of the declaration is to cancel your conviction and then they'll (probably) start proceedings against you again for failure to identify. AIUI the court has discretion to accept a declaration after 21 days, but they don't have to. It's possible that you were not involved in the original speeding offence, but if they sent you a s.172 request you needed to respond either identifying the driver or explaining why you are not involved. Do you know why you didn't receive a 172 request to name the driver? Have you a history of mail not being delivered to you? Also, do you know why the police think you may not have received the original documentation? Have you been in contact with them and told them this? It all seems a bit strange to me. I think you need to wait for the poster Man in the Middle to read this thread as he's more knowledgeable than me in these matters.
  11. Thanks. Good to know they've acknowledged that it could be a problem and are rectifying it. As you say - fairly obvious so why didn't they think of it. Well done.
  12. What do the policy documents say? It'll be in there what is and is not covered. If your friend's son didn't specifically ask over the 'phone if he'd be covered, it comes back to the policy wording. I can't see the point of a SAR unless he's certain he did ask and was told he'd be covered. (Even then I'm not sure he'd be covered although he could perhaps argue the policy was mis-sold because he relied on what he was told over the 'phone). Did he ask?
  13. Are you sure you are looking at the doc ref date and not just the effective date of transfer to you (ie when you bought it)?
  14. If you don't want to make a formal complaint then by all means challenge them eg "I'm concerned that the current automated booking in system could be seen as a potential data protection breach because blah...blah..." Also suggest they put a line on the floor and put up notices asking people to respect others' privacy and confidentiality by standing behind it and not "surfing". Let us know what sort of response you get. I'm retired now but have a professional NHS interest in their reply.
  15. If I copied anybody into your complaint it would be your local Care Commissioning Group, not the GMC...
  16. Our general hospital uses a similar system, but I don't think(?) it displays all your personal details for confirmation at the end of the process. In fact I'm pretty sure that at the end of the process it displays only the last three or four digits of your 'phone number and you must confirm that this is correct. Also at my GP's surgery it only asks for date and month of birth together with the initial letter of your surname and then it displays "Thank you. You are recorded as attending". I would say what you describe is a sort of breach of data protection, but not sure how serious it might be. (I can see no valid reason for displaying full name and address etc if other hospitals' systems don't). Go to the website of the NHS Trust in question and see what their complaints process is. There may be two different processes: one for "general complaints" and a separate one for data protection complaints (eg direct to the trust's data controller*). Personally, I would complain down both routes. Don't, whatever you do, get diverted down the PALS (Patient Advice and Liaison Service) path as they won't be equipped to deal with this sort of issue. As a former NHS manager I'd be interested to know what sort of reply you get. FWIW I'm surprised(!) the ICO suggested complaining to the GMC as they won't be interested. This isn't a medical staff issue - it's a trust data management issue. (I'm really surprised at the ICO's suggestion on this - it's bonkers!). *If you can't find out how to contact the Trust's data controller from their website, ring and ask them. EDIT: I wouldn't allow people to "shoulder surf" me. Our trust makes it clear that people behind you have to stand behind a line so they can't see over your shoulder. If anybody was standing directly behind me I would "politely" draw their attention to the notices and "ask" them to stand back. If your hospital does not make this clear, that's another complaint...)
  17. Hi Bumblebee So you got your defence off in time - well done. As I've posted above, I see you as a bit of a victim here, but I don't think you have much of a chance of winning this unless the NHS trust is completely incompetent (not unknown - I worked for one!) I would expect that the trust have all their ducks in a row and can prove an overpayment - but maybe they can't. See my post at the top of this page (2) where I suggest the sort of documentation that the trust would need to establish an overpayment. I believe you've asked for copies of the relevant documents but you've not had them. I don't know if that helps you or not. I think it's necessary for the trust to "prove" the debt/overpayment so they need to produce some paperwork that evidences it. I would rely on what dx100uk and BankFodder advise, but I wonder if it might be helpful to post redacted versions of the trust's particulars of claim and your defence? Again, I suspect you have little chance of winning this except on some procedural technicality, but all power to your elbow. Good luck...
  18. I'm not sure how you would do it, but it may be prudent to remove the name of the individual you have identified. Not sure if you can still edit it out? If you are confident of your position and the insurers want to throw money away, let them. Bearing in mind your claim is quite large (well 50k is quite a lot to me) have you received any formal legal advice?
  19. If they've admitted liability then the only issue is the "quantum" or amount that you can claim/justify in damages. I can understand why they may want to investigate this (from what little you have told us - very expensive highly tuned performance engine gone "bang" after rebuild?), but so long as you can establish and prove what your loss is (eg purchase receipts, repair receipts, expense receipts etc) then your claim should be ok. If they attempt to use their "expert" to reduce what you are claiming, challenge his evidence and explain why you challenge it. If this has been dragging on for some time, remember that as a claimant you are meant to mitigate your losses. You may not have been able to use a very expensive high performance Nissan GTR for several months, but that does not mean you necessarily are entitled to long-term hire a similar car, for example. (FWIW I would want to, but the law may not think you should). Make sure you can justify the amount of losses you are claiming. If you are claiming a total of 50k and they've already paid 13k interim, they will want to minimise what they offer you. PS - I assume it's not reached court?
  20. I'm not sure. dx100uk and BankFodder are the only two experienced posters who've been on this thread. If you've not heard anything after say 48 hours from your last post you may be able to send them a message? I've never had to do that but there seems that there may be a way of doing it if you look at their profiles (there is a message icon on each poster's profile). Not sure if that may be some sort of breach of forum etiquette? You could try contacting honeybee who is one of the site admin team and seems to be very good at moving threads to the appropriate boards and alerting other posters. EDIT: it's honeybee13
  21. If you do appeal to the adjudicator (and I think I would) I'm not sure I'd mention anything about the ticket possibly "moving whilst away from the car". By all means mention the lack of adhesive so he couldn't stick it to the windscreen, but why would it turn over while he was "away" from the car - did he leave the windows open? I would suggest that it must have moved because of the draft caused when getting out of and opening/closing the car door. And I might add that because the ticket has printing on both sides (don't you hate those adverts!) it's confusing and not immediately obvious when checking after closing the door that the ticket has not flipped over. (I'm not sure how far you can say that this did happen as opposed to must have happened. Why would your son go to the trouble of paying for a ticket and then not display it properly?) I don't suppose the number on the back of the ticket is legible in any of the council photos?
  22. Not wishing to appear unhelpful, but if someone else has told you that you "have a very good case and should prepare a schedule of loss", what have they suggested you put in it? Nobody here knows anything about your case except the bare details in your OP.
  23. If the judge made such a glaring error (or errors) as you claim, why didn't you appeal against his decision? I'm by no means certain but I would have thought that now your partner has paid it, you've essentially accepted the judgment and that's that? I'm not sure you can now reopen it.
  24. First, I'm a bit surprised that your local police force has the manpower and time to waste chasing up a complaint from a member of the public that a motability car's paperwork may not be in order, bearing in mind that most forces can't be bothered to follow up reported burglaries, if stories in the popular press are to be believed. But if that's what the police officer has told you, that's what he's told you. If you want to follow up his suggestion to make a complaint, check your local force's website for how to do so. Or (bearing in mind the history of problems that you've had before) write straight to the Chief Constable (website again). Simply say you want to make a complaint about the number of times your daughter (or whoever) has been stopped by the police for no apparent reason. Give a list of when and where this has happened and what the outcome was (presumably that the police took no further action). I would also add that in the latest incident the police officer actually suggested making a complaint about the number of stops. Not only do you (or your daughter or son or whoever it is) find this police action to be extremely distressing, but you also consider it a waste of scarce police resources. Ask for an explanation as to why this keeps happening and ask for an assurance that the police will stop doing it. You may also want to add (see what others advise about this) that the police officer in the latest incident also told you that they had received a call from someone saying that the car's paper work "might not be in order". Say that you are concerned that whoever made this false allegation is wasting police time. (You may want to think carefully about this as it may not improve your daughter's relationship with her neighbour! If the allegation came from the neighbour.) Those are my initial thoughts but it's a bit late to be thinking clearly. See what others suggest rather than just relying on my suggestions. [The letter really needs to come from your daughter (or whichever family member keeps being stopped) and not you, unless you can make it perfectly clear in the letter who it is that is being stopped etc. and that you are complaining on their behalf. Is that clear?]
  25. Just ask for the refund you appear to be entitled to. They'll either pay it or they'll explain to you why they won't. Forget everything else. Or you could try here: https://www.railforums.co.uk/forums/disputes-prosecutions.152/
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