Jump to content


  • Tweets

  • Posts

    • I hope you mean I try to help people stand up to bullying - and not do the bullying!   I'll assume it's a compliment!     Well - that sort of demonstrates that you've not understood my point and (perhaps?) haven't actually read the OP?   My point is that it is not the boyfriend (the supposed "owner" of the car park) who is posting, but his girlfriend who believes that he "owns" his car parking space.  Yes - it usually makes sense to believe that what the OP is posting is the truth, but in this case there is every reason to believe that there is a possibility that the OP might be mistaken about her boyfriend's ownership of the parking space, because...  well, how would she know for sure whether he does or not?  He might be boasting or lying or simply mistaken.  (My understanding is that many people who "own" flats are often under the mistaken apprehension that they "own" a parking space when they don't.  All the more reason then that somebody else other than the "owner" might be even more mistaken).   I suppose what I'm getting at is that I was a bit surprised that both you and dx100uk were able to give such definite and certain answers to the OP without exploring her situation a bit more fully and ensuring that she fully and correctly understood her boyfriend's rights in respect of the parking space in question.  I was simply concerned that without getting more information from the OP, then the replies given to her might prove to be less than useful.  I wouldn't want her to leave thinking that there was absolutely nothing to worry about and then find out there was because she'd been misadvised because she didn't understand whether her BF "owned" the space or not.   Of course, it may be that my concern here makes absolutely no difference to the answer that needs to be given to the OP because it doesn't matter whether her boyfriend actually "owns" the parking space or not, which is fine.  But sometimes I think it would be helpful to the OP (and other readers like myself) if some of these legal niceties could be spelled out rather than left unexplained.    
    • I've spoken to my son in law and because the gearbox can be very expensive to repair, he would prefer to reject the car.   The garage isn't going to charge storage at the moment.   I feel they have been mislead regarding the service history.   How difficult would it be to get the finance company on our side in rejecting the car and sending back to the dealer?
    • The first thing to say is that you better go ahead and refund the buyer because otherwise she will end up getting negative feedback as well. We will try and help you get your money back from Hermes. Have you made a formal claim through Hermes and have they formally declined you and giving you reasons why? Presumably the item was properly declared and properly valued when the delivery was booked. You don't say whether or not you took out their so-called insurance. Please start off by reading around the sub- forum focusing particularly on the Hermes threats. There are lots of them. Get to understand the principles in respect of the arguments – the insurance element, your third party rights despite the fact that you booked it through Packlink. Have a look at other people's experiences of having sued Hermes, the process of issuing the claim, the defence, the mediation and have a close look at the advice that we give about how to handle mediation. It's highly likely that you will have to issue claim papers so also read around to understand the steps you need to take to bring a small claim in the County Court. It's straightforward but understanding the steps will make you far more confident about what you are doing. Have you started a formal complaint against Hermes and Packlink?
    • Christmas Wonderland has been allowed to reopen because it sells real Christmas trees. View the full article
  • Our picks

Please note that this topic has not had any new posts for the last 2744 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello

I'd appreciate some help here please.

Back in December, there was an incident where a friend drove a relative's car where a speeding ticket was incurred.

My relative wasn't the driver or in the car but it was her car so she got the notice in the post.

She quickly replied she was not the driver and named the person (my friend) she believed was the driver at the time.

My friend sometimes stays at the relative’s address but not always.

Anyway, a few notices were then sent to my relative in the name of my friend which my friend (the driver at the time) apparently did not respond to.

A Court Summons FPN has now arrived at my relative's address in my friend's name.

 

My friend insists he was not guilty of the speeding offence and suggested that something may have been wrong with the camera that awarded the ticket. Also, the court summons has misspelt his name and he's wandering how best to plead/address the matter.

 

The summons was received on 16th of May with apparently 7 days given just to defend it or plead Not Guilty.

 

Kindly please urgently assist.

 

Many thanks.:!:

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

Is the summons for speeding or failing to furnish the identify the driver. If it is for failing to furnish, the speeding matter is irrelevant.

 

The penalty for failing to furnish is 6 points and a much higher fine than for speeding.

Link to post
Share on other sites

I'm a bit muddled here, but I think if the summons is in your (male) friend's name it must be for the speeding offence? A summons for failing to give the driver's details would have been sent to the (female) relative? So I assume they did receive the driver information from her.

 

If he intends to defend it he must plead not guilty and reply by tomorrow. Does it say anywhere this can be done online?

 

If he intends to plead not guilty the first thing he can do is request the video of the alleged offence. You'll get more help here about cameras I'm sure, but the main thing is that if he wants to defend then he must plead not guilty on the forms/online before the deadline.

Link to post
Share on other sites

Does it actually say he must enter his Defence by tomorrow, or just acknowledge and say if he's going to defend? You'll get help from others who know how to deal with speeding fines. My concern is tomorrow's deadline.

Link to post
Share on other sites

It would probably be better if your friend posted here himself, rather than playing Chinese whispers through a friend of a relative.

 

If he knew about the NIP and didn't respond to it then he's guilty of failure to identify the driver, and can expect 6 points and a hefty fine, regardless of whether he was speeding or whether the camera was working properly. Pleading guilty will reduce the size of the fine, but not the points.

 

If he wasn't aware of the NIP, eg if he was away from your relative's home all that time and she didn't inform him of it, then he may be able to defend the charge on the basis that it wasn't reasonably practical for him to have become aware of the requirement and to have replied to it.

Link to post
Share on other sites
I'm a bit muddled here, but I think if the summons is in your (male) friend's name it must be for the speeding offence? A summons for failing to give the driver's details would have been sent to the (female) relative?

That's not correct. When the (female) relative named the (male) friend, the (male) friend would have been sent his own requirement for driver details which he'd have been obliged to complete himself. If he didn't, it's him who gets charged with failure to provide.

Link to post
Share on other sites

But we do know the gentleman in question has to reply by tomorrow.

 

I do agree with Aretnap. It would probably be easier if your friend posted all the details himself. He can stay on this thread of course.

Link to post
Share on other sites

I do think that if your friend is likely to be prosecuted for failure to respond (likely 6 points and fine) as well as the speeding offence (3-6 points, depending on how fast he was going, and fine) then he really should consult a solicitor. He could face a ban, depending on the severity of the speeding offence or if he already some some points on his licence, and the fine(s) could be large too.

Link to post
Share on other sites
It would probably be better if your friend posted here himself, rather than playing Chinese whispers through a friend of a relative.

Please take it easy. He's not computer literate nor is he a CAG member - so I'm really helping out. He already has 6 points for a different offence from 2012.

Will post more shortly. Thanks for your patience.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

Hi

According to the summons document

The offence is for 'Failing to provide driver details'.

 

It does not appear that a charge relating to the speeding offence itself is part of this summons/paperwork.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

I completely understand why you are posting on behalf of your friend.

 

This is not a good situation. I really think he should see a solicitor. If he has six points already and six to come from this offence I can't see how he can avoid a ban. However a solicitor might reduce the fine.

 

It's not helpful that the six points are so recent.

Link to post
Share on other sites

OK. It's going to take time to get a solicitor I think and the deadline for response is tomorrow I think? Can he do anything to get more time?

 

Also, he wants to plead not guilty as

1. The original speeding offence said he was doing 47mph in a 40mph zone

2. His name has been misspelt on the summons. I haven't seen any of the previous notices but he thinks they may have misspelt his name on those too.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

I don't know if he can get more time. I'm not sure if mis-spelling his name is going to make much difference.

 

I don't see how he can plead not guilty for not providing the driver details unless he says the relative did not forward his mail.

 

It has nothing to do with the speeding offence at this stage because the summons is for not providing details.

 

You might want to hit the triangle and see if anyone on the site team with legal knowledge about this can help.

Link to post
Share on other sites

Driving uninsured. He has a long and amusing story about it but it doesn't matter in the end...

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

You know and I know that he is in very serious trouble.

 

It's never an amusing story to be driving when you are uninsured unless there is a genuine reason, doesn't matter whether it's amusing or not...

 

He is lucky to have a friend like you who has tried to help him.

 

He really should try and find a solicitor in the morning.

 

He will be banned, and you as his friend should try to make sure if that happens that he doesn't drive while he is banned/uninsured.

 

DD

Link to post
Share on other sites

I hope he doesn't get banned for this. His job requires him to drive.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

So has he got insurance now? If he has got insurance did he tell the truth about his convictions on the application?

 

Did he declare his conviction for driving without insurance to his employer?

 

Is he insured on a personal policy now? Or only on the employer's group policy?

Link to post
Share on other sites
It's never an amusing story to be driving when you are uninsured unless there is a genuine reason, doesn't matter whether it's amusing or not...
Believe me. He'not laughing about this. He's sh***ing himself. Sorry if I've made this sound trivial but it's not and he's not taking it as such. When I said he has a 'long and amusing story', I rather meant it's a bit of a 'sob story' - but that in the end it doesn't matter - he's already got the 6 points!

 

I wonder if that's why he didn't respond to the NIP - he was too scared!

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

To my knowledge, the answer to all the above is yes. His insurance premium shot up after the incident. He's self-employed so not on an employer's group policy I don't think.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites
To my knowledge, the answer to all the above is yes. His insurance premium shot up after the incident. He's self-employed so not on an employer's group policy I don't think.

 

At least they can't prosecute him for driving without insurance again, but as I've just said he's going to need a solicitor. And I do think he needs to speak to one before he decides what to do about pleading guilty/not guilty.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...