Jump to content


  • Tweets

  • Posts

    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 1...….     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
  • Our picks

DiddlyDoo23

DUI of Cannabis | Expected Fine

Recommended Posts

Hello, I’m enquiring today about a recent DUI charge I got

 

I was arrested on the 1st of February for driving while intoxicated with cannabis.

I’ve received my court date for the 8th July to go and plead guilty for the case. Obviously I was under the influence and over the limit but I’m unsure if a solicitor is needed or not due to me pleading guilty anyway.

 

What sort of fine should I expect. Friends have had £100 before but not too sure. It’s my first offence and I’m on long term sick pay for 4 months.

 

Share this post


Link to post
Share on other sites

Hi.

 

Do you have legal cover with your car or house insurance? 

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Legal cover? I’m not sure I do.

 

I live with parents and the cars insured by me if that’s what you mean.

Share this post


Link to post
Share on other sites

you can check your insurance policy but i wouldnt hold out too much hope as you intend to plead guilty so not a lot they can add to make it worthwhile.

best be contrite and make sure you can show what your earnings actually are.

Share this post


Link to post
Share on other sites
Posted (edited)

Do you realise that if you have been charged under Section 5A of the Road Traffic Act you face a mandatory twelve month driving ban? As well as that, the offence carries a maximum of six month's custody for the most serious cases. What were your friends who were fined £100 accused of? Were they driving?

Edited by Man in the middle

Share this post


Link to post
Share on other sites
Posted (edited)

Doubt very much he would go to custody for it. Unless the OP was driving erratically,  has been in trouble before for it,  or had a very heavy reading. 

However,  you can definitley expect a heavy fine,  ban and points on your licence.   Probably an extended retest as well as having to go on a course.

Even if you do please guilty.

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

I was taken to the station for blood tests and forced to get an Uber back. My charge letter says

 

“Contary to section 5A(1)(a) and (2) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988”

Share this post


Link to post
Share on other sites
1 hour ago, DiddlyDoo23 said:

I was taken to the station for blood tests and forced to get an Uber back. My charge letter says

 

“Contary to section 5A(1)(a) and (2) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988”

Then you will be subject to a minimum 12 month disqualification.

 

No, custody is not likely. But as well as the disqualification you can expect a fine (of somewhat more than £100) or possibly a community order if there are aggravating circumstances or the reading was high. You will not have any points imposed (you can only have a ban or points, not both). There is no mandatory re-test for the offence and the court is unlikely to order a discretionary one.  

Share this post


Link to post
Share on other sites

SO theyre charging you with the serious offence.

I suggest you find and speak to a solicitor asap.  You shoudl really have asked for the duty solicitor when you were at the station. You may please guilty thinking youll get a lesser punishment, but solicitors know the judges and ins and outs of it all, they may be able to provide some mitigation.

Right now, i can pretty much guarantee youre looking at a strong punishment.  Courts do NOT like people DUI for any reason.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Quote

No, custody is not likely. But as well as the disqualification you can expect a fine (of somewhat more than £100) or possibly a community order if there are aggravating circumstances or the reading was high. You will not have any points imposed (you can only have a ban or points, not both). There is no mandatory re-test for the offence and the court is unlikely to order a discretionary one. 

I politely disagree. I live in north wales. One of the worst areas for courts handing down harsh driving punishments.  In the newspapers and on the polices own social media feeds, we regularly see poeple getting charged for DUI etc.  And yes, even after a ban, a court COULD add on points after the ban has been lifted.  They can and normally also do order extended retests after someone has been on a ban, plus  in some cases courses.

I wouldnt say it if it doesnt already happen in some areas.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Quite honestly there is nothing a solicitor can do that you cannot do yourself if you are pleading guilty. However, since the offence is imprisonable you will be able to take advantage of the duty solicitor at your first hearing only. If it goes to a second or subsequent hearing you will be either on your own or you will have to pay for representation.

 

Quote

And yes, even after a ban, a court COULD add on points after the ban has been lifted.

Perhaps you could point me to the legislation that provides for that to be done.

Share this post


Link to post
Share on other sites

Thanks guys. I don’t think I’m actually going to get a solicitor then as I don’t think they’d fight a case I am pleading guilty too. I’ve done wrong and I’m paying the consequences for it.

 

Im going to write a letter to read out as I’ve been on Sick pay since May with a broken arm so hopefully my Fee will be smaller.

 

Court date is the 8th July so wish me luck 🤞🏼

Share this post


Link to post
Share on other sites

Are you going to attend the hearing?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

He needs either to attend or contact the court to seek an adjournment. The offence is imprisonable and carries a mandatory disqualification and if he does not attend the court may well issue a warrant for his arrest.

Share this post


Link to post
Share on other sites

Yes I’ll be attending of course. I don’t want any more trouble than I already have.

Share this post


Link to post
Share on other sites
Posted (edited)

If you dont want to use a solicitor ( i suggest you get there the second the court opens and speak to a duty solicitor anyway, just to get their take on things), plead guilty, be very apologetic and be totally truthful.  They have heard every excuse going, so they will see right through you if you start throwing in hyperbole.

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

100% agree. I’m writing a letter to read to be as apologetic as I can. I’m due in at 9:15 am so I assume I’m first

Share this post


Link to post
Share on other sites
Posted (edited)

Court will be open a little earlier, and duties are first come first served/  . I suggest you speak to the duty solictor, even in you dont intend to use them as representation in the court room. As stated already,  you have very possible high penalties for what you have done.  A good solicitor can mitigate that more than you could  admitting it with a letter.

 

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...