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    • Is it unusual for them to have all the documents they have provided so far?
    • That still leaves it unclear if: a) you “made a mistake” and accidentally bought the wrong ticket (only to Three Bridges), or b) You had a “moment of very poor judgement” and deliberately bought a ‘short ticket’ It can’t be both.   Climb off the fence you are sitting on, it’ll give you splinters............ at the moment you are trying to hedge your bets but it is obvious that is what you are doing, and as a result: why should they believe the rest (expressions of regret, won’t do it again, sole income earner who will lose their job, etc.)
    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
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The Great Soprendo

CPMUK PCN - Trinity Way Birmingham CPM

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Sorry for  late reply. 

 

Yes, happy to pool resources. I’ll be passing there sometime next week to take some pics.

 

The girlfriend will drop me off so I can get some decent pics with my long lens. Hopefully the weasel will be there, too.

 

Did you manage to get anything yesterday??

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@squirlyline

 

Good work!

 

I was chatting with the girlfriend last night and she also believes the camera car was a taxi. 

 

I’ll be detouring on my way home to see if I can spot anything worth photographing ...

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If you can post images up in one pdf document it is best way, team can then zoom in as we need to see small print on signs etc

https://www.consumeractiongroup.co.uk/keywords/view/83-upload-your-documents-in-pdf-format/


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi brassnecked, thanks,

I will be processing them as soon as I'm able (as I have done for my own thread's docs),

however I'm currently only operating from my phone as I'm away in London, so I'll have to find suitable apps or get on to someone's pc):

 

there are 40 odd photos and one extensive 'drive round video too; not all the photos will necessarily be of quality or interest, but I took most of them with the 'quick pic button whilst the video was recording my drive round (and saving me from parking up and risking anything)

 

Not sure whether to process all of the quality ones them in the PDF or not, but at least there will be plenty to choose from); might need to do more than one odd and not sure what to do with the video which is 299 MB!

 

GOT to do some work now, but will possibly try later

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So where are we with this, guys?? 

 

Do we make contact and say we're not paying, or just wait for more letters to drop on the door mat?

 

Thanks again

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Ignore until a Letter Before Action, would be good to post up pdf of stills of the signage so we can zoom in on the small print, as that is where they trip themselves up.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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My last response from yesterday seems to have disappeared on here (possibly it didn't get verified), but I'm still trying to get these pics together.

 

I was ready earlier in the day but discovered my PDF was a lot bigger than 4.5MB and it wasn't postable. I need to divide it into several files, and I'm putting in all of the photos in as it is too fiddly to sort through them etc on my phone. So apologies in advance for redundant one's.

 

Did you manage to get your zoom lens into action TGS? BTW glad to hear your girlfriend adheres to the same crackpot conspiracy as I do, it's never easy carrying these burdens alone😁

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Here's the attachments,

it shows the route loop I made filming and taking pics and one of the signs close up..

 

pix_1a.pdf

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Now if it's a taxi taking the photos and selling them on for their pound of flesh, they could be in trouble. There's a requirement to be registered or licensed or something otherwise it's a breach of GDPR I think. I don't know the full ins and outs but I think EB's up to speed on that, so hopefully he can give you accurate info rather than my foggy recollection.

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Thanks for your insight Mrs O'Frog, it will be interesting to hear from EB as no doubt it would be the nail in the coffin for their demands (though getting the evidence may be more problematic )

 

 

 

 

 

 

 

 

 

 

 

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Great work on the pics!

 

I haven’t had the chance to swing past in the last week but the next time I go to Shropshire I’ll be sure to get some pics.

 

will keep you all posted 

 

TGS

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Interesting, it doesn't strike me as a taxi first up, but equally if it's a dedicated cam car would it warrant the time spent hanging around the street late into the evening on the chance that someone is found waiting or parked?.. That could only suggest there are plenty of infractions to make it viable, I would have thought at least 2 or more per day!

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now a thing that leaps out at me is the DYL's all along the road.

 

can you find out where the public highway ends and their paint job takes over?

You may need to ask the council about any Traffic Order in place either there or nearby.

 

Spy cars are a no-no according to ATA CoP's so that is interesting

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Yes, I will try and request that from the council if I can't find it online.

 

If spy cars are a no-no according to ATA, then presumably it would be thrown out of court at that point (it would be easy enough to demonstrate because of the angle of photo and the slight shift in frame on the subsequent photo - at least on mine)?

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Good Morning,

 

I have also in the post just received a PCN for the same area - Trinity Park Roadways.  With two photos 16.15 & 16.16 time stamp with an incident time of 16.20.  I was only in the area for a short time, pull over didnt notice any of the signs due to the size of them.  Several other cars, inc a couple of taxis sitting around same area.

 

Can I ask has your charge progressed any further?

 

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12 hours ago, MidsSi said:

Good Morning,

 

I have also in the post just received a PCN for the same area - Trinity Park Roadways.  With two photos 16.15 & 16.16 time stamp with an incident time of 16.20.  I was only in the area for a short time, pull over didnt notice any of the signs due to the size of them.  Several other cars, inc a couple of taxis sitting around same area.

 

Can I ask has your charge progressed any further?

 


I’ve not had anything else in the post but sure it will be on the way sooner or later. Following the advice kindly given on here ...

 

 

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On 22/10/2019 at 08:54, MidsSi said:

...I have also in the post just received a PCN for the same area - Trinity Park Roadways ...

Can I ask has your charge progressed any further?

 

I'm up to the debt recovery letter (from 'TRACE') received late September, nothing else received to date; it's likely to be a protracted process!

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keep posting any updates to bump up the thread.

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On 22/10/2019 at 08:54, MidsSi said:

 

On 22/10/2019 at 21:23, The Great Soprendo said:

 

 

ericsbrother has suggested on my thread that if it goes to court, and it is the same court, that we could ask to have our judgments held at the same hearing, presuming that we don't get a 'rogue' judge! I'm not sure how that works with the different stages and timing of the payment demands.

 

FYI

Received final demand from debt recovery co., TRACE, on Friday (dated 22/10/19 with 7 days to remedy). It goes to their legal dept next and they may instruct solicitors there after.

https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=34732

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Hi have put in an email request with Solihull council for historic TROs after an online chat. Just waiting to hear back

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Not that TRACE can actually instruct anybody to do anything since they don't own the debt and have as much right to claim against you as I do, in other words nil. They're just paid make you scared and pay up.

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