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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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danny1210

Speeding & failing to produce questions

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Hi,

My girlfriend recently had a out of the blue debt collection notice come to my address of where she has recently moved.

It related to a speeding ticket that had been posted to her old address so she had never received it, she has had 4 addresses in that year due to friends helping her with a place to live.

I contacted the debt agency to see what it was all about and that was the first we had heard of it so i contacted the council and explained and went to court with her to fill out a statutory declaration of which was accepted and now the whole procedure has started again.

My question is, there court summons is now for two crimes, one is the original speeding offence (of which she would go guilty as its clear cut) but the other is for failing to produce documents, so does she go guilty to this as she didn't produce but she didn't get anything to tell her to do so as she had moved, or not guilty for the same reason ?

Also is there any merit in going guilty by post on both to save going to court etc... would it be a huge fine ?

Thanks in advance to anyone who can help.

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Also worth noting that my girlfriend is Polish so has a Polish licence only, not a UK one.

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So is this caught speeding by a policeman and also ordered by the policeman to produce documents?

How did she get caught/told to produce?

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Do the police still issue 'producers' at the roadside ? Or is the failing to produce offence because she ignored the original speeding ticket, which she had no knowledge of ?

 

If the latter is the case, she shouldn't be charged with ignoring something that the court now accept she couldn't possibly have dealt with. I would plead not guilty.

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The speeding offence, which as you say, she's going to plead guilty on, may however throw up another (slight) problem.

 

The Magistrates won't be able to add points to her Polish licence.

 

So she'll either be asked to apply for an exchange licence, so that they can add the points (although this might cause the reverse problem if she drives in Poland often, as she'd then have a UK licence that Polish courts couldn't deal with (catch 22 anyone)). Or the DVLA will create what's called 'a ghost record' for her, where she'd be issued with a UK Driver number (that the points get added to) but she wouldn't have to exchange her Polish licence for a UK licence.

 

The latter option, which is the most likely, is purely administrative, but it's another headache and complicates matters slightly. And the Magistrates don't like complicated things.

 

Ideally, when she goes to court, she needs to speak to the Court clerk (even better if she can talk to the Magistrates Clerk), so that the Magistrates clerk is made aware beforehand and can advise the Magistrates accordingly. thumbup.gif


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How long has she been a resident of the UK?


Ash.

 

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Thankyou.

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How long has she been a resident of the UK?

 

I know what you're thinking, but that's for non EU licences. EU licence holders can retain their driving licence from their original country and live permanently in the UK and continue to drive legally in the UK until they are 70 (or the licence expires).


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thanks for the replays, she was caught on a fixed camera, she has lived here for three years but travels back to Poland often to see and look after her mother.

Thanks once again for any help or guidance you can give.

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Are you sure the second offence is failure to produce documents? It sounds more likely that it would be failure to provide driver details,as the original NIP would have come with a requirement to name the driver at the time of the offence, which she never replied to.

 

If so she should certainly NOT plead guilty to both. Speeding will get her 3 points and a small fine (assuming she won't a long way over the limit) but failure to name the driver will be 6 points and a much larger fine. Failure to name the driver would also have a much nastier impact on her future insurance premiums - it makes insurers wonder what you did that was so terrible that 6 points and £500 seemed like a better option than owning up to it. Rather get to court early, ask to speak to the prosecutor and offer to plead guilty to speeding if failure to provide is dropped. Most prosecutors will agree to this., and she should be punished only for the original speeding offence.

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Are you sure the second offence is failure to produce documents? It sounds more likely that it would be failure to provide driver details,as the original NIP would have come with a requirement to name the driver at the time of the offence, which she never replied to.

 

If so she should certainly NOT plead guilty to both. Speeding will get her 3 points and a small fine (assuming she won't a long way over the limit) but failure to name the driver will be 6 points and a much larger fine. Failure to name the driver would also have a much nastier impact on her future insurance premiums - it makes insurers wonder what you did that was so terrible that 6 points and £500 seemed like a better option than owning up to it. Rather get to court early, ask to speak to the prosecutor and offer to plead guilty to speeding if failure to provide is dropped. Most prosecutors will agree to this., and she should be punished only for the original speeding offence.

 

Sorry yes its failure to provide driver details

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As suggested your gf doesn't need to convert her license.

They will issue her a virtual UK driving license number and put the points on that.

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