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    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since their only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept their offer. If he declines or ignores it they will take option (3). Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still not heard anything, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me. 
    • Looks similar to you original email to their Complaints team. I dont rate copypasta for a CEO complaint. Rewrite it with emotion involved as to how badly this is affecting you and make them feel embarrassed for their actions... 
    • Well, not quite the trouncing they deserve, and Andy Street suffering - despite distancing himself from the poops and being a good mayor (and despite the rather ridiculous muslim voter labour boycott across regions - did they really want the tories to stay in power?) - But not bad at all The Reformatory goons managed two council seats didn't it - out of over 300 they tried for ..     
    • STAT OF THE DAY $600,000 Texas Democratic Representative Henry Cuellar and his wife have been indicted by federal prosecutors on charges of conspiracy and bribery, after allegedly taking nearly $600,000 from a Azerbaijani-controlled company and a Mexican bank, according to the US Department of Justice.   Read more
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

I have an unpaid parking fine from the local council that i forgot about it until bailiff clamped my van and asked for 425 pounds. Sent Out of time declaration ,clamp removed, but has been refused and bailiffs came back and took my van.

Now, i am a registered self-employed suspended ceiling fitter and i use the van personally for my trade. I dont have another car and i lost my job due to job location and not being able to transport my tools(over 70 kg) ,stepladders and mobile tower to work. My van insurance shows that im the only person entitled to drive the van and i am a fitter -self employed. The van is an ex RAC orange van with stripes on it, with shelves for tools on back.I also have a letter from my contractor showing that the van is vital to my trade. But the bailiff company still refuse to accept that the van is a `tool of trade` witch will be illegal for them to seize.

Paying them around 700 pounds is not an option now as i have no money .

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insurance is for social,domestic pleasure ans for the business , third party only. There is no sign written on the van except the refectory stripes from the RAC previous owners

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Unless its a custom build van, the bailiff might argue the trader can continue business by renting a van, counter argument is the trader has no money and now out of work and signing on. the bailiff has put his own interests before the taxpayer.

Professional property investor and conveyancer

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you have nothing to ose other than argue your case to the council for the release of your van, they arent going to spunk hundreds in housing benefit and risk a civil claim against them for unlawful levy. vans are a grey area of whether its tool of trade bailiffs say its allowed others say its not and theres nothing in statute to say otherwise. i do know HMRC bailiffs can take a van because I had a tenant long ago whose bailiff who took a van and got away with it, he said its allowed. he asked me as landlord to sue for traspass , no-can-do. get onto your MP if you face losing your livlihood.

Professional property investor and conveyancer

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i will send a complain to the council

 

Please make sure you state that without this van you can no longer work therefore will have to live on benefits, as you cannot afford to hire one to carry out your work. This will mean you will come under the vulnerability status of the 'National Standards of Enforcement agents' where the council and bailiffs would have to abide by. Or words to that effect

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Council responded that the van is no tool of the trade so i have to pay up.

Also they said they helped me when i sent the `out of time ` form by withdrawn the warrant from bailiff and i could pay only 110 pounds.But no one told me about this until now.So because i didnt pay then , they returned the warrant to the bailiff after 1 month.

If the warrant was withdrawn can i sell the seized goods?

 

Also can i take my tools from the van without to give them the keys?

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Council responded that the van is no tool of the trade so i have to pay up.

Also they said they helped me when i sent the `out of time ` form by withdrawn the warrant from bailiff and i could pay only 110 pounds.But no one told me about this until now.So because i didnt pay then , they returned the warrant to the bailiff after 1 month.

If the warrant was withdrawn can i sell the seized goods?

 

Also can i take my tools from the van without to give them the keys?

 

This is very confusing. FIRSTLY, when a Out of Time is filed..all enforcement MUST cease in any event. This is provided by section 75 of the Civil Procedure Rules. Therefore the council did NOT help you by "withdrawing the warrant"...they MUST do so by law...

 

HOWEVER....it is VERY IMPORTANT what the reference to them allowing you to pay £110 is. This would APPEAR to confirm that they had accepted the Out of Time. You really do need to get confirmation of this.

 

WHY you did not appeal the rejection by filing an N244. If you had done so......the vehicle would NOT have been taken.

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