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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
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brain_fallen_out

DVLA & NSL have sucked me dry

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dvla & NSL took my car away which is a reletivly rare and decent mercedes be it 9 years old, because it was imobilised by a fault, it was parked on the road right next to the entrance to our residential parking, I couldnt afford to tax & renew the insurance at that time, niether could I afford to toe it to private land which I have access to at that time, where I could of SWORN it, they clamped me and toed my car away to be crushed/auctioned and informed me I was commiting a offence even though it was not my fault the car had a fault with its ignition, since oct my car has been there.. and they slamed me with 1200+ of pound fees + 115 I would need to find for a tax disc .. DVLA told me that the pound could be asked to lower the fee at there discretion but then NSL said it was up to DVLA when I told them DVLA said its up to them, they strung me along for a week telling me that the manager will decided, only to tell me nothing can be done about the fees in the end, DVLA also then issued me a Penalty of 80 for not SWORN'ing in time and all the time I cant get back to working so and Im just being made to go under by them.

 

So because I was light of money, its the case that I am a criminal, and I am to be forced into a insurmountable debt and loose my car :(

 

What amazes me is the way other motorists and officials automatically look at us like some tax doging criminals with no insurnace who dont normally keep there vechile in line with the law when evedence can easily be supplyed.

 

I tryed to raise the finanace to get it from the pound and sorted out, but every lender refuses me due to the fact that I am self employed.. and have a default against my mortguage which was jointly held with my mother who fell sick and it could not be sustained - I was subsiquently slamed with 31,000 of exit fees.

 

I hope these people stamping me into the ground choke on there wages – its filthy dirty money and they know it.

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Guest Old_andrew2018

I'm not sure if I agree that you are seen as Tax dodgers, however you did park your car in a public place.

There are stories of a car which is subject to a SORN (Statutory Off Road Notification), being moved for a short time only to be towed.

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dvla & NSL took my car away which is a reletivly rare and decent mercedes be it 9 years old, because it was imobilised by a fault, it was parked on the road right next to the entrance to our residential parking,

 

Why didn't you just push it in?

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Well - we've got to work within the rules. Not having the money to move, repair or tax a vehicle is not seen as a valid reason - and it has certaily helped keep the streets free of old card that would therwise clutter the streets untaxed and uninsured. So whilst I'm sympathetic to your plight - I cannot see how you would expect to be treated any differently from the rest of us.

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Well - we've got to work within the rules. Not having the money to move, repair or tax a vehicle is not seen as a valid reason - and it has certaily helped keep the streets free of old card that would therwise clutter the streets untaxed and uninsured. So whilst I'm sympathetic to your plight - I cannot see how you would expect to be treated any differently from the rest of us.

 

The car was unable to be steered its a Rear wheel drive AUTOMATIC with a electronic IGNITION and STEERING LOCK - and no you dont just break the steering lock on a prestige mercedes like some G reg old ford fiesta or just have it draged along by the cheapest toe truck in town it has to be "low loaded" technically speaking.

 

thank you very much .. "oldcart" that is what the .GOV and DVLA and self rightious people would love to believe but the problem is if by some miracal i can get my car back we are certainly going to go to court, tribunal, and adjudication.

Edited by brain_fallen_out

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Well - we've got to work within the rules. Not having the money to move, repair or tax a vehicle is not seen as a valid reason - and it has certaily helped keep the streets free of old card that would therwise clutter the streets untaxed and uninsured. So whilst I'm sympathetic to your plight - I cannot see how you would expect to be treated any differently from the rest of us.

 

ONLY the DVLA and People running pounds at people like my self's expense think in their demented little minds that people such as my self are guilty until proven.

 

vex⋅a⋅tious

2. Law. (of legal actions) instituted without sufficient grounds and serving only to cause annoyance to the

defendant.

Not to mention the loss of earnings and pain and sufferance and mental stress of having no transport I have endured at there hands

 

In the middle of a recession I think that DVLA can act a bit more civilized and display a modicum professionalism and common decency before running off half cocked screaming the persons name as a criminal (Deformation of Character), slamming people with penaltys, toeing away and clamping tax payers and law abiding citizens motor vehicles, like a bunch of over zealous buffoons, and then proceed to authorize some other member of the general public to extort me for thousands of pounds via their office.

 

What you have to realize is a I informed / advised dvla of the situation from the beginning, I can prove it on a itemized phone bill for that period, I'm sure a brief could request the recording of the call(s) assuming DVLA are not breaking some other laws that involve destroying evidence.. so you have a minimal defense.. at the end of the day all they had to do was hold off till I could re-instate insurance + TAX.

Edited by brain_fallen_out

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I have always thought that the SORN legislation was a ruse set up the govt to extract more money from the best cash cow in history - the British motorist! Where else could you have cases where widows lose their recently demised husband's cars because their grief made them oblivious to the tax expiring?

 

Having said all that, its been around for quite some time now so ignorance isn't really an excuse and whilst this car has a specific set of technical issues, moving it wasn't impossible, just a bit complicated, so I think you played into their hands by leaving it on the highway. If it had been my car I would have done everything possible to get it moved.

 

Remember DVLA isn't staffed by motor enthusiasts, they're civil servants who follow rules and procedures. To them your car could be a banger or a Bugatti Royale, its just a reg number at the end of the day and they simply don't care.

 

Do I think its unfair? Absolutely! Is it vexatious - no, not really. I may not agree with it, but the reason for this law's existence wasn't to annoy us, but to clobber the thousands of neds who simply don't bother taxing or insuring their motors each year.

 

You are morally correct, but legally you are on shaky ground here I'm afraid, but don't let that put you off appealing to their softer side.

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As much as I sympathise with you falling on hard times, I know if I dodge my car tax I'm in bother, If I dodge my MOT I'm putting others in danger and if I'm not insured, that's just plain selfish.

 

I agree that these clampers and towing companies are parasitic ****. There should be a fixed penalty for car tax dodging, not any old rip off amount that some clamper fancies.

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Couldn't you have got someone with a tow truck to tow it off the road? Then there would be no damage to your ignition or gears.

 

I understand your frustration but in the UK as in most places ignorance is not considered a valid excuse to be exempt from a law.

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yep I pay my tax's and to prove the point the car will be insured and taxed in the next week which BTW you get fined for being late anyway,

 

heh and the real kicker is so some rude police officer to come on national Tv and insinuate that people who don't have there car tax are "tight".. and ask any one who knows me will tell you I'm a very generous guy .. always accused of being too kind.. so nice of them to say when I'm paying £1800 year for him to have a job and ultimately a life.

 

but any way I will have complied completely .. if they crush my finance comps car they will have made a big mistake surely.

Tom I could not afford the toe truck option it was more expensive then a Insurance deposit and Tax Disc at the time m8

 

I could bring an armada of people to court who would swear on a bible that I had been trying every thing at that time to prevent this and comply with the law.

Edited by brain_fallen_out

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