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    • pdf's merged and properly named. thread title updated. word fine replaced by charge in post one....they are not fines mere speculative invoices. just type no need to keep hitting quote.   dx  
    • Nice work dx, much what I thought and glad to have it confirmed by the expert. Radio silence remains my game plan, I have been resident in Scotland since birth and although I had moved a couple of years prior to defaulting, all addresses were updated and I am confident all begging letters are coming to my current home address. I appreciate the info that they probably wouldn't get a claim in by Aug anyway - I think I'll hunt out my big box of badness in the next few days just to see if I can find any default notice letters so I can pin down some dates to satisfy my semi-OCD. Much obliged, and unlike some others i will look to update in the future as I certainly intend to send them the SB letter as I like to pull the chains of these types of cretins! Of course i'll be back to confirm the correct procedure if I get any "proper" legal letters other than the usual Overdales toilet paper type of scare tactic.  
    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
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Speed camera evidence


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Hi folks,  I wonder if you can help.

 

I received a NIP.

I remember the day in question as it was very windy And I was returning from the coast with my friends children.

I am very sure I was not speeding.  

 

NiP did not give the option to view video or stills evidence with their paperwork.

I phoned to ask where I can view it and they told me that they had the evidence but that I could only view it if I went to court.

I said that can’t be fair re pre action protocol,

fair on me to allow me time to consider the evidence or good use of tax payers money.

 

They said that’s their policy now and so I asked them to put that in writing.

It would seem I will have to go to court to view the evidence then ask for another date to allow me consideration time .....

 

your thoughts people? 

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which pre-action protocol are you referring to? Often PAP is used relating to civil claims, and this is a criminal matter (either you accept a PCN if that is what they are offering, or it goes to a Magistrates Court as a criminal, not case).

 

There are Criminal Procedure Rules and Practice Directions (usually called Crim PR to distinguish them from the [Civil] CPR), but they don't include 'pre-action protocol', which is civil.

 

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/crim-practice-directions-I-general-matters-2015.pdf

includes:

 

Quote

Criminal Practice Directions -October 2015 as amended April 2016, November 2016, January 2017, April 2018, October 2018& April 2019

Case progression and trial preparation in magistrates’ courts
3A.4
CrimPR 8.3 applies in all cases and requires the prosecutor to serve:
i.a summary of the circumstances of the offence;
ii.any account given by the defendant in interview, whether contained in that summary or in another document;
iii.any written witness statement or exhibit that the prosecutor then has available and considers material to plea or to the allocation of the case for trial or sentence;
iv.a list of the defendant’s criminal record, if any; and
v.any available statement of the effect of the offence on a victim, a victim’s family or others.

The details must include sufficient information to allow the defendant and the court at the first hearing to take an informed view:
i.on plea;
ii.on venue for trial (if applicable);
 iii.for the purposes of case management; or
iv.for the purposes of sentencing (including committal for sentence, if applicable).

[/QUOTE]

 

I'd agree with the info the court has given you: The prosecution doesn't HAVE to provide you with the evidence prior to court.

That doesn't mean you can't ask, and they MIGHT, but don't HAVE to provide it until court.

 

Whatever you do, don't miss out on identifying the driver if you have been served a S.172 notice to furnish driver details ; that would be a separate offence by the keeper (6 points and a fine, on its own), and "I was waiting for a reply" wouldn't constitute  a defence.

 

Edited by BazzaS
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It's straightforward enough as Bazza has outlined.

At present you are being asked to identify the driver. You have an obligation to do this and it does not depend on any evidence being available to support the underlying speeding offence. Failure to comply will mean a visit to court and, if convicted, a hefty fine, six points and an endorsement code that insurers hate.

As far as the speeding matter goes, once the driver has been identified he should be offered a speed awareness course for that speed (provided the offence did not occur in Scotland and the driver has not done a course for an offence within three years of this one). The alternative is a Fixed Penalty (£100 and 3 points).

No evidence will be provided before either of these is accepted.

You either accept the allegation as it stands or not. If you do not the matter will be dealt with in court and only then does evidence need to be provided in order for you to enter a plea and the Criminal Procedure rules come into play. That evidence will almost certainly consist of statements to say that your vehicle was caught speeding by an approved device operated in the correct manner.

If you dispute this the burden shifts to you to prove that one or other of those is not so. You will need expert assistance to do this and even then it is very difficult. Simply turning up and saying "I am very sure I was not speeding" will not do. The cost of failure is high - you will pay an income-related fine of half a week's net income, a surcharge of 10% of the fine and prosecution costs which will start at £620 but may be more if the prosecution is forced to enlist expert evidence to counter your defence.

In most areas you can ask for "photographs to assist in identifying the driver" (obviously before you do so). They usually provide you with a website link. They do not have to do this and the photographs rarely help in either identifying the driver of supporting the speeding allegation (their purpose is to identify the vehicle). Such a request does also not stop the clock on the 28 days you have in which to reply. 

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Hi Folks,

Thank you for your help and advice.  I notified them that I was the driver immediately. 
 

I will probably just pay the fine and have the points (I had a speed awareness course 2-3 years ago) 

 

It really doesn’t seem fair or right though that they have the evidence yet won’t provide it unless I go to court and risk paying larger amounts.  
 

Thanks again for your help 👍👍

 

Edited by heathertippex
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Mmmm not one hundred percent sure! 
 

I remember it was very very windy. I remember seeing the speed van and checking my speed and then thinking is it a dual carriage way and 50 mph in which case I am guilty!!! 
 

They are claiming I was doing 81 in a 70  in which case I would have thought I was guilty regardless and this is why I wanted to see the evidence.  

 

They have since written to me as requested and confirmed that they will not show the evidence unless i take the risk of going to court 😳

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  • 1 month later...

i was doing 76 on the motorway.

The limit had been reduced from 70 to 50

 

therefore was over by 26

 

pleaded guilty and asked for court hearing

 

got fined and 6PP 

 

going to the court to defend myself did not help whatsoever, so now I have accepted the fine and moved on

 

I did post my case here and had lots of useful advice esp from Man in The Middle and Bazza

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  • 3 years later...

open

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Update… though delayed in this update.  I decided in the end to take the points etc… I just had too many other things going on in my life to add this to the equation.. bitter pill to take but done and moved on.  Thank you for all help and assistance 👌

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