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    • I hope the Copper room has lots of space for the filing cabinets.    None of this in anyway smells funny at all l mean 68 company's with only some dissolved. 
    • @Man in the middle Thank you so much for the comprehensive information, this is super useful!    I'm just as confused as you, There were some other papers that he mailed back with his plea. I  read them, the officers statement was on there ... from what I can remember, the officer stated that my brother "had changed lane twice without giving proper time or indication" the papers did not mention speeding or anything else...    It doesn't help that the car he was driving (belonging to the mechanic) has a custom exhaust installed ... I'm not sure if this had anything to do with the officer being wound up... My brother said he "had it in for him" ... do you think the judge has seen the video? or is this judgment solely based on the officers statement?    Furthermore, My brother is adamant against a guilty verdict ... do you think that reduced the chance of this case being reopened?    As for the fine, they are already taking money from his universal credit which is effecting his life in a great way  
    • Looking at the sentencing guidelines, the sentence, on the face of it, seems harsh – and a little confusing. From your description the offence seems at the lower end of seriousness. There are three bands of seriousness mentioned in the guidelines. From the least serious, the suggested sentences are:   A fine of half a week’s net income, and 3-4 points A fine of a week’s net income and 5-6 points A fine of a week and a half’s net income and 7-9 points (or a disqualification).   The sentencing guidelines are here:   Careless Driving (drive without due care and attention) (Revised 2017) – Sentencing WWW.SENTENCINGCOUNCIL.ORG.UK     From your description I can see no aggravating factors to push the offence up from the lowest band of seriousness.   The sum he has been ordered to pay is based on the highest fine – a week and a half’s income. Let me explain how I have deduced this. As well as the fine, the court will also order prosecution costs (normally £90) and a “victim surcharge” of 10% of the fine. When the court has no information about a defendant’s income a default figure of £440 per week is used. So, he will have been ordered to pay 1.5 times £440, so £660 by way of a fine, £66 Victim Surcharge and £90 costs. Total £816, as per his notice. The fine indicates that the court viewed the offence in the top band of seriousness.   The confusing thing is the points. If the court considered the offence at the top of the seriousness range, he should have received at least seven points, not six. He has also been sentenced on the basis of a Not Guilty plea (which is again the default when no plea has been entered). This means he did not receive credit for his guilty plea. This is normally a discount of one third off the fine (but not the points).   So much for an explanation of what’s happened. What’s to do? He faces some considerable difficulty here because of the length of time elapsed between his conviction and now. His only option is to ask for a court hearing to have the matter reopened.   He should be aware that the court is not obliged to agree to this and may not do so in view of the time elapsed. When making his request he should do so on the basis that the sentence does not seem to comply with the guidelines on two counts: (1) he should submit that the offence is at the lowest end of seriousness and (2) the sentence is inconsistent with the guidelines anyway (discrepancy between points and fine).   He also needs to contact the fines office as a matter of urgency. I am surprised he has not already faced one of the sanctions they mention by now but he needs to let them know he is asking for his case to be reopened. Once again, in view of the time elapsed, they may continue with their normal enforcement process anyway.    If he had dealt with this promptly it is my view (provided the court sees the offence at the lowest end of seriousness) he should have face a fine of half a week’s net income, reduced by a third for his guilty plea, a 10% victim surcharge (minimum £34), £90 costs and three points. That is the ideal outcome he should be looking for but, as I said, the court may not agree to reopen the matter at all. If they do, he may find his full discount for a guilty plea is reduced due to his tardiness. Do let us know how it goes.
    • Agree with Trevor Kavanagh, that the UK cannot afford a Government that is totally split and unable to take the decisive action required.   Government should act on energy price rises by directly providing additional money to help reduce bills.  The £400 announced so far would not be enough.   Reduce the VAT on domestic energy to 0%.   Universal Credit and other benefits need to be increased back to the level provided during Covid as a minimum.   Fuel duties should be cut.   Offer incentives to use public transport by paying subsidies to bus and rail operators that they need to pass on, to reduce fares.    Urgent action required,  Cannot wait until September for emergency budget.    
    • You wanted Boris out and not to interfere in government until he left   Again, I wanted him to go immediately.
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Want to issue N1 pre 6yr charges


hellhasnofury
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Hello All,

 

I am looking to issue my N1 for the return of charges from 1994 to 2001. The claim only comes to £208, but it really is the principle, plus with the interest it will come to a little bit more that I owe them:D

 

Now the question that I am asking is, do I mention the limitation act on the poc

 

Any help or advice greatly appreciated:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi there, you can do, if you are going to, specifically mention grounds of Concealment etc as perSect. 32 of SoLA.

Limitation Act 1980 (c. 58 ) - Statute Law Database

 

Hello Lula,

 

Thanks for your reply. Now looking at the natwest poc sticky. It refers to 2006, which I feel is not relevant to the claim. It is between 1994 and 2001. I did successfully reclaim my bank charges from 2001-2007:D

 

 

:confused: :confused: :confused:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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do a site search for SOLA, you might come up with something interesting, my POC for my 3rd claim is all SOLA, I will see if I can find it, had two new pooters since then

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Have received confirmation from the court that the papers were issued on the 17th February. So will patiently wait for their defence.:D:p

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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