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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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I would agree with the previous post about the Traffic Lights except the Police Officer, the OP would be unaware of the exact timing sequence for those specific Traffic Lights (could the timing sequence have been changed?).

 

Not all Traffic Light are set to the exact same timing sequence and as an example in my area due to numerous different roadwork for past 2 years the Traffic Lights in my area the timing sequence at numerous Traffic Lights is completely different at each set every single day. (basically blink and you ain't getting through)

 

As for can a Green on Green light happen, YES IT CAN if those Traffic Lights timing sequence has been set wrong happened where I live at a T Junction going onto a dual carriageway caused mayhem luckily no accidents but it does happen.

 

What I would be asking either the Local councils highway dept or who deals with those Traffic Lights is for the exact timing sequence of those lights on the date of this incident.

 

Something to consider.


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What I would be asking either the Local councils highway dept or who deals with those Traffic Lights is for the exact timing sequence of those lights on the date of this incident.

 

That would be an avenue for the OP to explore if he intends taking the matter to court. I would think it extremely unlikely that no "all red" phase was evident but stranger things have happened. The problem the OP has is that by the time he has secured the information if, as is more likely than not, it does not provide him with a viable defence, the opportunity for a course or Fixed Penalty will be gone. Without any such defence and in the absence of a complete cods up by the prosecutor, I would assess his chances of acquittal to be very slim.

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the link is google maps , i would be the red car and the police car would be in the position of the white car to the top left position , as you go through the lights using the link the police car would be the red car on the junction , as you can see the cross from my light to the other side is quite a distance so his could well possibly be green by the time i get around

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Then I believe you will have to convince the court that although you crossed the light on green (or possibly amber) you had not made the turn before the lights turned green for the officer's car. Time to contact the Highways Agency for the traffic light sequence timings as suggested, I think.

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I will point out that when councils/highways provide timings they tend to send them in the microcode format

 

I have several and some of them are up to 24 pages..


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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

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Looking at the Google Streetview from several angles and positions along all three roads, the following points cross my mind to be considered -

 

- from where the police car was (presumably at the front of one of its 3 lanes at its white line), the OP's white line cannot even be seen in the photos, despite Google cameras operating from vehicle roofs giving a higher viewpoint than someone sitting in a car, as borne out by other camera positions e.g. almost level with the upright 40 sign leaving Broadway

 

- the OP's white line is between 2 and 3 car lengths before the beginning of the junction itself where his road meets the edge of the nearside lane of the nearside carriageway of the other road.

 

- the OP would have passed both sets of traffic lights controlling his direction before even reaching the nearside lane of the nearside carriageway where there were no road markings nor repeater traffic lights controlling him. Similarly there is nothing either on the centre of the dual carriageway or on the far side. This may suggest the actual junction from his direction are not controlled by the OP's traffic lights.

 

- the OP's white line is followed by markings for pedestrians. After those there are no further markings other than those clarifying the two lanes.

 

- in view of the above three points, AND in view of the fence and pavement surfacing arrangements on the OP's immediate nearside and 'his' central reservation, it could be interpreted by a driver that the OP's lights are to control vehicle for pedestrians, and not to control the otherwise unmarked junction further ahead, after both his sets of traffic lights.

 

- the speed limit in the OP's direction changed from 30mph to 40mph very shortly before the road lane markings for his traffic lights. So his speed should have been quite slow and taken him some time from crossing the white line to emerging further ahead into the first carriageway - and longer still to reach the second carriageway in front of the police car.

 

- if the Officer said his lights were green, how long for and was he moving or preparing to move following a change to green when he claims he saw the OP cross his own white line?

 

The light timings including their 'dwell' and synchronisation could be highly important. Traffic Orders and specifications should also be obtained, studied and compared with what is there.

 

An interesting case, albeit highly unfortunate and frustrating for the OP.

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Really? Perhaps you could provide us with some examples where a motorist has contested a matter and been convicted without any evidence. Or, for that matter, where one has pleaded guilty without being served the evidence the prosecution intends to rely on.

 

I can. A friend of mine was found guilty even though the sole witness said he was driving a blue car when in fact he was driving a bright red car.

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I can. A friend of mine was found guilty even though the sole witness said he was driving a blue car when in fact he was driving a bright red car.

 

And did the colour of the car (or the possibility that the witness may have been colour blind) have any bearing on what the witness saw? The contention was that motorists are convicted with no evidence whatsoever. The witness who gave testimony against your friend provided evidence and it was obviously considered sufficient to prove the allegation. If a witness sees a car plough into a pedestrian on a zebra crossing it's quite a stretch to suggest that because he was mistaken about the colour of the car that he must have been mistaken about everything else and so cannot be relied upon.

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posted I error

Edited by Lucan

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You will probably be offered either a course or a Fixed Penalty (£100 and three points). Take it to court and the cost of failure is high - an income related fine of at least half a week's income, a surcharge of 10% of the fine (Minimum £30) and prosecution costs which will be at least £350 and may reach £600 depending how much work is needed to prepare the case for court. You takes your choice and pays your money.

 

Plus victim surcharge fee.

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Plus victim surcharge fee
.

...an income related fine of at least half a week's income, a surcharge of 10% of the fine (Minimum £30) and prosecution costs ...

 

The legislation enabling the surcharge to be imposed does not actually mention that it is a "Victim Surcharge". It is simply known as a "surcharge". Much of the money raised does indeed go to organisations which support victims and most courts find it more palatable to use the term "Victim Surcharge".

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still not had anything in the post , How long do they have to send me something ?

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