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Found 9 results

  1. Dear All, I need some advice for my wife. We have had a terrible postal problem; after reporting our postman for an incident over a year ago some of our mail seems to simply go missing - I wonder why? My wife received last august a witness statement for a court date for speeding and failure to provide - we had received no NIP, no reminder and no summons. We contacted the ticket office and explained about our post, and they agreed to fine her and give her 3 points for the speeding, but drop the offence under 172. Later on in 2016 a neighbour brought round a summons for, wait for it, failure to provide and speeding. We initially thought that this was for the ticket earlier on in the year but realised it was a separate incident at exactly the same GATSO! This time, we hadn't received the NIP or reminder, and the Summons clearly addressed to us at No 14 was delivered to no.29 round the corner, and the lady asked around and found out we lived at 14 and brought it round. Guilty of the speeding or not, my wife couldn't keep accepting points and a fine like this, so we decided to plead not guilty and to explain to the magistrates. We have had a letter drafted and signed by our neighbours confirming the above, and have had Royal Mail conduct an investigation into our mail not being delivered. The investigation is ongoing, but they have found no wrong doing at this moment in time. However, what they have said is that the Courts use proof of posting only, whereby bulk mail is signed for by the postal service as collected and therefore "posted". But they have also stated proof of posting IS NOT PROOF OF DELIVERY to the recipient, and that the recipient has NO CONTRACT with Royal Mail, their customer is the Court in this case and it really should be them that complains if their mail that they have PAID FOR is not delivered. They have looked at our complaint only on the basis that several items of our mail have gone missing over time and that there may be an issue. So we were going to go to Court and to state that the NIP etc was not delivered within the 14 days allowed, arguing that the post is the Court's responsibility, therefore both charges should be struck out. I know that there be many cases whereby someone simply states they didn't receive the NIP, and that the Court "get around this" with their proof of posting as is taken as papers are deemed served, end of. But surely if there is a genuine doubt if the NIP has not been delivered then this should be listened to? Whats thrown me today is that the CPS have written to us (again similar to last time) offering that the charge under 172 be dropped if we change the speeding offence to that of guilty and accept points and a fine? Really don't know what to tell my wife to do? Suggestions would be appreciated.
  2. Hi.. Good afternoon everyone, I really hope someone is able to help me. This morning I've received a County Court claim. The perusing claimant is Mortimer Clarke Solicitors acting on behalf of Cabot Financial. The debt of £413 is from a Capital One card from 2004 (£213 of this is interest charges). The last payment I believe I made to (Aktiv Kapital) was back in December 2009, although I can't confirm this as I have a different bank account now, and I've made no contact or acknowledgement since. I checked my credit file in late December (screen shot attached) and seen they (Cabot) had registered 2 recent payment defaults against me. Just checked my file again today and it's disappeared, no trace of it. However it did show the default payment date recorded on the account was 29/01/2010. so would this make it statute barred ? Do I still have time to send off a CCA request to Cabot in the hope of delaying this, or have I left it too late ? Should I complete the section of the court claim document to Dispute the Claim as it maybe Statute Barred ? Please help, not quite sure what my next course of action should be. Kind Regards L
  3. I have been sent a fixed penalty notice to say I was travelling at 46mph on a 40mph road. I was really surprised when I received this and more so when I saw the date and road the offence is alleged to have taken place. Here goes: I had the sat nav on all day, was doing a 200 mile round trip and know for certain that I didn't exceed the limit. The reason I am sure I was not speeding is that at the time I was on the road in question there were a series of incidents that made it stick in my mind: I turned off the motorway and was tail-gated by a van for a couple of miles yet I refused to exceed the 40mph limit (and yes, I checked the road signs tallied with the sat nav and always do), the van eventually took a turning; after this I remembered a conversation with a friend from the day before who said it's impossible to stick to the limits on empty roads due to other drivers going fast and the natural tendency is to go faster without thinking - this was one of those roads, but I cruised just on/slightly below the speed limit as is my normal habit when driving; the road in question was close to where I had to pick someone up, on the way back I noticed the police van and thought back to the one occasion I was caught speeding, I was smug that since that incident I no longer exceed the limit so knew I would not be caught this time; finally I drive an old banger with a tiny engine and it's not worth my while to accelerate sharply, which is what I would have to have done in this case as the road is punctuated with roundabouts every so often. I am 100% certain I did not commit the offence. In 25 years of driving I have been caught once exceeding the limit - again by a police van doing 50mph in a section of road that dropped from 60 to 40 - the lights ahead were green and I should have slowed down more. I've always been a cautious driver though before I was caught did speed if I thought it was safe to do so. But I did the speed awareness course, fully accepted the lessons it taught and have been a bit of an advocate of it telling other motorists to drive more carefully. Also as a self-employed person on a low income I knew I could not afford to get a fine and points. So I am one of those drivers who tends to annoy the racers by sticking to the limits, driving at 28mph on 30mph roads and stubbornly refusing to drive over the speed limit, I've just moved from West London where I was often tail-gated and cut up by impatient drivers. Anyway that's the long story, had to get it off my chest. Looking at my situation - just my memory verses a penalty notice from the police, my only option to go to court to contest it - I can hardly see my case being taken seriously! Is there any other way to investigate the speed camera's calibration other than going to court? And for the future if I can find out a way of recording my speed on journeys would that be sufficient to contest a fine?
  4. Good evening, I have to attend court this week as a company that i launched a small claims against has sought to have a judgement set a side. I followed all the steps using the money claim online system, the company filled an acknowledgement of service and then failed to file a defence, they haven't done anything until 36 days after the judgement was issued. One of the lines in their defence letter was that the individual didn't take over the running of the company until a date which they have not entered but they say that the issues i have raised starting 2010 were before they took over the company. However they have been listed as a director since 2006? Has anyone got any advice as to what i should do at the hearing? i have copies of emails detailing all the issues that i have. Also i have paperwork from a 3rd party showing dates that they sent payments which were either delayed by upto 3 weeks or never passed on to me. Any help and or advice would be very welcome. Kev
  5. Hello all I would like some advice into how I can successfully contest a job seekers agreement. I went for my first interview and whilst the advisor went through the types of jobs and time restrictions ect, to which I agreed to. A print off was then given for me to sign. What had been added was I must spend 6 hours a day job seeking and write to ten employers a week. I was never asked if I agreed to this. I have every intention of finding a job, i am concerned that it would be difficult for me to prove what constitutes as 6 hours worth of jobseeking, if at any point it is decided I have not done that. As we all know job seeking is demoralising, depressing and energy sapping and I am sure occasionally I may fall not stick rigidly to the agreement as we all need a break. I have been job hunting since May but only just signed on and after applying for many, most do not even reply as to whether your application was successful or not. I sometimes find I need to take some time to re-energise myself and re-motivate myself. I do not know how the decsion has been made that I should do 6 hours a day job search and under what basis it was made. I feel that the the advisor just picked the numbers out of thin air. I believe that the job seekers agreement is used purely as a tool to beat you with and stop your benefits when you find yourself in a down time after so many rejections. I wish for it to be reduced to a level that even when I am feeling down I am still able to adhere to it. Would the reasons I give above be good enough reason to have it changed?
  6. I have received a ticket for parking in a red boxed loading bay. I was picking up stuff from work with my own private car. The ticket states that the contravention was "parked where prohibited" on a red route. Now, I have requested imagery to make sure that I hadn't exceeded the specified loading time of 20min. I believe TFL have a 5 minute recording period after which they issue the ticket. In my case the time stamp on the imagery covers just about 6 minutes. After I received the requested imagery, I went ahead and contested the PCN on grounds that I was visiting my workplace and was loading within the given time limit. Since TFL responded, that I have to proof that I was loading which normally happens with a proof of delivery note as something similar. As I am not a delivery driver or commercial delivery company, I cannot produce such kind of proof. The actual sign for the loading bay, does not specify that is for commercial vehiles only. However it shows that symbol of a man with a trolley. Does anybody know how to argue against that? Many many thanks in advance.
  7. Hi I am just after a little advice. I went into a new town the other day and there was parking all around the streets in the centre, but I was struggling to find a spot until I finally did so. There was a 4x4 in front of me and another car in front of that. The ticket machine was right outside my car and I duly bought one then went on my way. When I came back an hour later there was a ticket on my car and once the 4x4 had dissapeared there was painted on the road 'Loading Bay'. Well seriousy this was impossible to see with the 4x4 parked over it and with the other car in front there was no way of knowing it was, I would expect to see vans or wagons in a loading bay, not cars. Not only that, but there was a parking meter right where I parked. I parked and bought a ticket in good faith and I really don't know how I was suppose to know I should not have parked there. The question is, is it worth contesting? Thanks Paul
  8. Hey one and all im hoping you can help me with a situation i have found myself in. Yesterday i was given a parking fine for a code 25 "parked in a loading place during restricted hours without loading". I feel i have grounds to appeal on several accounts :- 1 the signage was posted far away from the bays in question 2 the sign (the only one i eventually saw turned out to be the only one around the area) was facing aaway from the flow of traffic on a one way street. 3 the "restricted hours are monday to saturday 10.30am - 4.30pm and my ticket was issued at 7.40pm so not within restricted times 4 after reading around some sites i could be allowed to load/unload up to 20 minutes i was "observed" for 5 5 the nature of my unloading was to supply a public house with £200 worth of change and getting £200 in different note dividends back (i work in retail that was the only nearby retail outlet able to supply such change and we needed to make sure that neither me or the public house had miscounted etc) Im going to take pics of the road sign tomorrow i just thought id ask for all of your opinions/guidance in writing my appeal Thankyou
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