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    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hubby done for speeding 6MPH over limit


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My husband has just got a letter saying he is going to be prosecuted for speeding. He was 6MPH over limit,allegedly, he says he was not so we are going to fight this on a matter of principle. Thanks to CAG I am not afraid of courts now but would like some honest advice.He had been driving for 41 years and has always had a clean licence. He said that he saw the mobile speed camera which clocked him. If you think we will be wasting our time please be honest and say so. regards Hils

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There's also a site called something like 'pepipoo.com' or co.uk - not sure - that specialises in speeding/parking fines.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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No friendly mod, so you'll have to make do with me! :lol: Thread moved to the traffic forum.

 

The site Dave refers to is PePiPoo: Helping the motorist to get justice, Hilary and they have a wizard you fill in with the details and based on your answer, it gives you the best way to proceed. Good forum to use. ;-)

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Guest interesting

Bookworm and/or other mods.

This is a forum about Parking Tickets/Traffic Wardens, why is this message still in here and even more to the point, why after seeing it havent you moved it to somewhere more appropiate ? (surely the website, if you have moved it will remove the message thread as well !!)

Surely as Mods, you understand the role and/or get the website doing what it should.

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Since at the moment, we haven't a forum for traffic itself, this is the closest relevant one, which is why I have moved it in here from where it was (in the Bear Garden). If in the future, the forum owners decide to create a traffic section, then I will move this type of thread in it. Thank you for your concern.

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Since at the moment, we haven't a forum for traffic itself, this is the closest relevant one, which is why I have moved it in here from where it was (in the Bear Garden). If in the future, the forum owners decide to create a traffic section, then I will move this type of thread in it. Thank you for your concern.

 

I think you have competition for your job as moderator!

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Stopped for Speeding

 

An French priest is driving to Paris and gets stopped for speeding in Lyon.

The gendarme smells alcohol on the priest's breath and then sees an empty wine bottle on the floor of the car.

 

He says,"Sir, have you been drinking?"

 

"Just water," says the priest.

 

The gendarme says, "Then why do I smell wine?"

 

The priest looks at the bottle and says, "Good Lord! He's done it again!"

 

Apologies to the OP

...Just couldn't resist the co-incidence to previous Posts in the Thread!...lol...:D

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Oh, gods, but then I have to nitpick because private tickets aren't offences as they're not criminal, and some Councils operate under decriminalised schemes...sorry Auntie Bookie... :o

 

PS - why does 'interesting' even care?? :D

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Click the scales if I've been useful! :)

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Rivetting though this debate is, it doesn't anawer the OP's original question.

 

Speeding is an absolute offence; there is no leeway - you are breaking the law at 1 mph over the posted limit. To be 'clocked' at 36 mph, I would suspect that the car's speedometer was reading welll above the limit.

 

Police guidelines are not to prosecute for speeds below Limit+10%+2 mph (ie 35 in a 30; 46 in a 40, etc.). However, they are only guidelines.

 

Bookie's first post on the thread supplies the best advice: go over to Pepipoo and ask the experts there. I would hazard that most speeding cases are won on an official screw-up in procedure rather than actual measurement.

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  • 2 weeks later...

Well it has taken me ages to find this thread! I thought it had been deleted, thank you all for your advice, We bought a rahter nice Jag at the begining of the year and after all the abuse we have had and now this I dont think it is worth having something "different" Life was a lot more simple when we had a beat up old car. I am not sure what we are going to do, hubby now thinks he ought to take it on the chin and just pay up.

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Hi HilaryF.. you may find this link interesting:

 

BBC Inside Out - Mobile speed cameras

 

People it seems are starting to question the accuracy of mobile (and fixed) cameras. I watched the bbc program on this and it made a lot of sense.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

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