Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

speeding fine /no proof of speed


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4440 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

im writing this for a friend he is a lorry driver

and was driving away from work in his car at 2am [roads empty] on the m4 through roadworks

he was then pulled over by a plain police car and was issued with a ticket for speeding ,

 

when my friend asked what speed he was doing the officer said over 50 becuase he had followed him for a mile

,the police car was not fitted with any speed recording device or cameras .

 

my friend challenged the ticket and went to court where upon the judge gave him a £400 fine and 4 points on the word of the officer,

because he had been a police officer for 15 years and was reliable .

 

surely this cant be fair justice, he is going to see a soliciter to see where he stands

Link to post
Share on other sites

That doesn`t sound right? But I am sure others will be along soon. Thought they had to have real evidence these days...

 

I believe that on a motorway the opinion of one officer that a vehicle is speeding is all that is required. Even so, the car may have a calibrated speedo fitted in which case that officer can corraborate his judgement with hard facts.

Link to post
Share on other sites

.my friend challenged the ticket and went to court where upon the judge gave him a £400 fine and 4 points on the word of the officer, because he had been a police officer for 15 years and was reliable .

surely this cant be fair justice, he is going to see a soliciter to see where he stands

 

What evidence did your friend have (other than his denial) that he was not speeding? If he didn't have any, it would have been better to have consulted a solicitor before the hearing, who no doubt would have advised him not to bother and accept the fixed penalty. Consulting a solicitor after the event is pointless and a waste of time and money.

Link to post
Share on other sites

In the case of alleged speeding on a motorway the opinion of a single police officer is sufficient to obtain a conviction. Elsewhere the opinion would require a degree of corrobration either from a suitable device (laser, calibrated speedo) or from a second officer. Unfortunately, on the basis of the OP's post, there was good grounds for the conviction. The OP's friend would have been well advised to accept the ticket as he would now have 1 point less on his licence and be £340 better off.

Link to post
Share on other sites

all wrong in this day and age, they should have proof.

I got accused of doing 70 in what was then 50 and I was doing 40ish

shouted at them and told them what I think and they went all calm and let me go, I was actually below the limit

Link to post
Share on other sites

at the end of the day

 

if he was speeding - end of!

 

CAG are not here to assist in avoiding just deserves!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

at the end of the day

 

if he was speeding - end of!

 

CAG are not here to assist in avoiding just deserves!

 

dx

 

but we don't know if he was speeding or not dx. The OP has denied it, the police officer said he was. How do we know who was right?

Link to post
Share on other sites

which is why i said if.........

 

it does happen

 

only the op's friend knows the truth.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

my friend challenged the ticket and went to court where upon the judge gave him a £400 fine and 4 points on the word of the officer,

because he had been a police officer for 15 years and was reliable .

 

surely this cant be fair justice, he is going to see a soliciter to see where he stands

 

If you got mugged and the only evidence was that it was seen by a Police Officer who identified the attacker in Court would you expect him to be convicted on that evidence or let off because the PC may be lying?

Link to post
Share on other sites

Yeah but IF he wasn`t speeding then would there be anything you could do???

 

Isn't that the point of going to Court? You go to Court, the Magistrate/Jury hears the evidence and comes to a verdict. No doubt the magistrate listened to both sides and considered the PC more persuasive.

Link to post
Share on other sites

In the case of alleged speeding on a motorway the opinion of a single police officer is sufficient to obtain a conviction.

I think this point is sometimes overstated. The absolute requirement for corroboration doesn't apply, but the officer's opinion would still have to be sufficiently convincing for the court to find beyond reasonable doubt that the defendant was speeding. If it was generally enough then the police wouldn't bother with expensive speed detection equipment; they'd just send a plod to stand on a flyover and write down the numbers of the cars that he thought were speeding. In fact, when I asked a traffic cop of many years experience about this he told me that he'd never heard of an actual case where someone had been charged, let alone convicted, on the strength of an uncorroborated opinion.

 

All of this is academic in this case of course as the officer presumably checked the OP's friend's speed against his own speedo, which would generally be enough to secure a conviction even on a non-motorway.

 

As for the original question - the OP's friend can appeal to the Crown Court within 21 days of the conviction if he wants to, but he would risk extra costs if he lost, which is very likely by the sound of it.

Edited by Aretnap
Link to post
Share on other sites

I think this point is sometimes overstated. The absolute requirement for corroboration doesn't apply, but the officer's opinion would still have to be sufficiently convincing for the court to find beyond reasonable doubt that the defendant was speeding. If it was generally enough then the police wouldn't bother with expensive speed detection equipment; they'd just send a plod to stand on a flyover and write down the numbers of the cars that he thought were speeding. In fact, when I asked a traffic cop of many years experience about this he told me that he'd never heard of an actual case where someone had been charged, let alone convicted, on the strength of an uncorroborated opinion.

 

All of this is academic in this case of course as the officer presumably checked the OP's friend's speed against his own speedo, which would generally be enough to secure a conviction even on a non-motorway.

 

As for the original question - the OP's friend can appeal to the Crown Court within 21 days of the conviction if he wants to, but he would risk extra costs if he lost, which is very likely by the sound of it.

 

The PCs opinion that the driver was speeding is corroborated by the speedo of his car, if he was just standing on a flyover he would have no way of knowing how fast traffic was moving.

Link to post
Share on other sites

The PCs opinion that the driver was speeding is corroborated by the speedo of his car, if he was just standing on a flyover he would have no way of knowing how fast traffic was moving.

Yes, that's what I said. Except that it's not that difficult to spot a car which is going too fast, especially for an experienced observer. On a motorway the court would in theory be free to convict based solely on his opinion with no corroboration at all, but the fact that they could does not mean that they would or should.

 

Graham confirmed the right of the courts to convict someone of speeding based solely on the opinion of officers standing by the roadside - in that case it was two officers standing next to a non-motorway.

Edited by Aretnap
Link to post
Share on other sites

If he wasn't speeding, then what is the significance of explicitly pointing out that the motorway was empty? Isn't that normally a way of saying 'well yeah I was, but I wasn't doing any harm, was I?'

I understand your logic but were the prevailing traffic conditions heavy, for example, then wthat would be viewed as an indicator of greater harm and may result in a greater sentence.

Link to post
Share on other sites

If he wasn't speeding, then what is the significance of explicitly pointing out that the motorway was empty? Isn't that normally a way of saying 'well yeah I was, but I wasn't doing any harm, was I?'

I understand your logic but were the prevailing traffic conditions heavy, for example, then wthat would be viewed as an indicator of greater harm and may result in a greater sentence.

Link to post
Share on other sites

  • 4 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...