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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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TyreMan

MS90- How do I provide the drivers name to have this removed

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Posted (edited)

Hi Guys, I had a rental car taken out on my name along with a friend as a second driver. While he had the vehicle he got caught speeding by a camera. I was away for work and during my absence all the letters where given to him to fill out his details and return. I’ve returned home now and received two days a court letter advising me that I’ve been given 6points for a MS90 and a fine. I’ve spoken to my friend who said he did send the letters off. How can I go to resolve this and provide the correct details of the driver and have these points and fine removed from myself. Thanks. 

Edited by TyreMan

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First of all you need to perform a “Statutory Declaration” (SD) to say you knew nothing of the proceedings that led to your conviction (which I assume you didn't). You can do this at your local Magistrates’ Court or before a solicitor (who may charge a small fee). It must be done within 21 days of you learning of your conviction.

This will have the effect of nullifying your conviction. However, proceedings will begin again against you which you will have to defend. What were these “letters” that you refer to? Who were they addressed to and where? Who gave them to your friend?

 

 

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36 minutes ago, Man in the middle said:

First of all you need to perform a “Statutory Declaration” (SD) to say you knew nothing of the proceedings that led to your conviction (which I assume you didn't). You can do this at your local Magistrates’ Court or before a solicitor (who may charge a small fee). It must be done within 21 days of you learning of your conviction.

This will have the effect of nullifying your conviction. However, proceedings will begin again against you which you will have to defend. What were these “letters” that you refer to? Who were they addressed to and where? Who gave them to your friend?

 

 

Hi Mate the first letter was the actual letter you receive when getting caught by a camera. The second was a final warning letter and the third was from a court asking for a plea. My dad whose old opened the letters while I was away and told me. I told him to give them to my friend as my dads not very fluent in English and would have problems filling out the forms himself. 

The rental car was on my name so the fine came addressed to me to my address. My friend was driving the vehicle at the time when he got caught for speeding. My dad gave him the letters everytime they came and he says he posted them off with his details. However they’ve not got there and I’ve received the points and fine two days ago. 

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Then you have a bit of a problem.

You cannot perform a Statutory Declaration because you knew of the proceedings against you ("My dad whose old opened the letters while I was away and told me.").

The Request for driver's details (the first letter that was sent) would have been headed "do not pass this on to anybody else to complete". Unfortunately it was passed on, not completed by you and that's where the problem stems from. I'm not entirely sure how you can proceed here. You could argue that you were unable to respond since you were away and did not receive the notice. However, you did know of its existence and unfortunately left it to somebody else to deal with. I think it could be argued against you that you did not deal with the matter as you should have and your conviction resulted entirely because of that.

I suggest you post your problem on Pepipoo:

http://www.pepipoo.com/

There are a number of experts who respond on there who may have some ideas. I believe the only avenues you have are either to appeal to the Crown Court or ask the Magistrates' Court to re-open the matter in the interests of justice." The problem is, I don't see that you have much of a defence.

 

 

 

 

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Yes as I was away and because my dad didn’t understand what the letters meant  I had him give them to the friend to deal with. Otherwise they would have been left until I got back. Plus i had them given directly to the friend as he was the driver. I appreciate your help though hopefully someone on the other side has some suggestions. Thank you

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