Jump to content


  • Tweets

  • Posts

    • 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!
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 522 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

Hi my son just received the above letter from Essex Police.

 

Location was M25 Epping nr M/Post 5563b anti clockwise on a special road ( namley M25) between J23-27. at 12;42 on 4th May

 

he was doing 62 in 50.

 

He was driving and on his way to Luton Airport. I asked him about his speed and he said he was following the speed of other cars on the road. He also (assumed) that the M25 was a 70mph.

 

To be honest,do many of us actually check our speed if we know we are doing less than 70.Its not an area he knows, and also i know ive probably driven up that part of M25 but cant say i took notice of any signs on side of the road.

 

So any advice on what they might do. will it be points, D A C or a ban? he is worried due to driving a co van for a living.

Share this post


Link to post
Share on other sites

To be honest, yes I check. I'll drive past a sign saying 50 and ill do 50.

 

What to expect...

I think its in the market for a speed awareness course (subject to conditions)

Or 3 points n £100 quid

Share this post


Link to post
Share on other sites

Were there roadworks at the time? That's a common reason for a 50 mph limit on a motorway.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Its a variable speed limit area.

They have HUGE signs on every gantry over every lane with a 10,000 lumins sign stating the speed limit

Share this post


Link to post
Share on other sites

Ah right, that was going to be my next question. Like the stretch of M25 south of Heathrow?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Thanks, so does the SAC/DAC cost? i suppose they make thier minds up what they feel your punishment is.

 

know my local area A2 has a 50mph limit and often people go far faster. I know i follow traffic and most usualy do 52-56, yes there are a few that do way over that, but to a certain extent you have to keep up with other traffic.

 

I did lok up an RAC link i foudn on antoher thread on here and it did mention that as he was 12 mph over it could be a ban of 7-28 days :(

Hope not otherwise he could loose his job and he is still in training. :-(

 

So once he has filled in and sent off te Intention to Prosecute letter ( H084/18/0088 ) what happens next?

 

not that he has mentioned! think he was just trying to get to airport for a short break and obvs not thinking about the road. he had bene working way from home for 6 months so probalby has his mind elsewhere

 

His work van has a thing on it so he can only do a speed of XXX so i know its not an excuse but hes not driven his car for such a long time. he probably didnt realise

Share this post


Link to post
Share on other sites

The NIP (Notice of Intended Prosecution) will have been accompanied by a request to provide driver's details.

He must return this within 28 days (naming himself).

Failure to do so means he commits a more serious offence which would mean a court appearance, six points, a hefty fine and insurance grief for up to five years.

 

Once he's made the return he should be offered a speed awareness course provided he has not done one for an offence committed in the past three years. (These are offered up to 64mph in a 50 limit).

 

It will cost him about £100, half a day of his time but no points.

If he doesn't fancy that he will be offered a fixed penalty of £100 and three points.

If he declines that off to court he will go where it will cost him a whole lot more.

Share this post


Link to post
Share on other sites

Thanks Yes lettersent off same day he received it. Never committed any offence before.

 

Hopefulyl then they will give him the choice and im sure he woudl rather pay £100 and do a course rather than getr points on his licence

Share this post


Link to post
Share on other sites

they have giant overhead gantires withthe variable speed being enforced on them in lights about 6 feet high. Keep away from that argument unless you want to answer questions about driving without due care!

The speed awareness course is cheaper than the fine and actually worthwhile in content. Some insurers take a dim view of attending them when it comes to renewal time, others dont.

 

 

 

 

Hi my son just received the above letter from Essex Police.

 

Location was M25 Epping nr M/Post 5563b anti clockwise on a special road ( namley M25) between J23-27. at 12;42 on 4th May

 

he was doing 62 in 50.

 

He was driving and on his way to Luton Airport. I asked him about his speed and he said he was following the speed of other cars on the road. He also (assumed) that the M25 was a 70mph.

 

To be honest,do many of us actually check our speed if we know we are doing less than 70.Its not an area he knows, and also i know ive probably driven up that part of M25 but cant say i took notice of any signs on side of the road.

 

So any advice on what they might do. will it be points, D A C or a ban? he is worried due to driving a co van for a living.

Share this post


Link to post
Share on other sites

@ericsbrother,

 

 

 

thanks.

 

 

We have found a number and contacted them think its the highways agency who have given my son a reference number, they will check the date and time of the offence and see what the variable speed limit was at that time of day. Apparently, as soon as he spoke to them they knew it was re a ticket - sounds like they get quite afew calls. .

 

 

 

Both him and his gf say they did not see any lights on the gantry stating a 50 mph limit.

 

 

 

As they said as its a variable speed limit it changes depending on the traffic situation at different times of the day. Hopefully, we should hear something in the next few weeks.

Share this post


Link to post
Share on other sites

I had similar ticket a few years ago on another part of the M25. As part of challenging it I spent time researching the Regulations etc -

 

- Each overhead sign only control the lane immediately below it - not an adjacent lane, although they usually are all the same.

 

- The photograph contained information showing the speed set on the sign above the camera gantry.

 

- It also showed how long, in minutes and seconds, that speed limit had been switched on (presumably so as not to catch someone approaching as it lowered).

 

Post 5563b will be the gantry's "address" and marked on the left side support. That will help you identify the exact location and satisfy yourselves as to the sign's visibility approaching at expected speed (the basis of my challenge - I was on the nearside lane on a left bend and the overhead sign was obscured by road signs for much of the approach distance). But you can't stop to check it out - keep moving!

 

 

Not relevant but if you are wondering - the Magistrates eventually rejected my challenge after about 20 minutes deliberation in another room. They understood my points demonstrated with my own photographs taken from several passes in an open car, but in finding me guilty agreed my total penalty and points to be exactly the same as the Fixed Penalty. (No Speed Awareness Courses then)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...