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    • When you have completed your SD you will almost certainly be asked how you plead to the offence(s). Hopefully you have been "dual charged" with both Failing to provide driver's details (FtP) and Speeding. So long as you were driving at the time of the allegation you should offer to plead guilty to speeding providing the FtP charge is dropped. Do not under any circumstances plead guilty to speeding unless and until you have this agreement. You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. The danger in pleading guilty without the deal is that you will be convicted of speeding and they can still continue with the FtP charge. On the basis of what you have said success will not be impossible but will be problematic and the possible outcome is nine points. The "deal" is a well known procedure to prosecutors and Magistrates and is exercised in courts across England & Wales every day and is nearly always accepted. It is nearly always accepted. If you can, arrive at court early and ask to see the prosecutor. You can put your offer then. If not, make the offer when you have completed your SD. If by any chance it is not accepted, plead Not Guilty to both charges and come back on here (your case will be adjourned to a later date). We can then decide whether you have a reasonable chance of successfully defending the FtP charge. Certainly at this stage you do not need a lawyer. You probably wouldn't need one if you have to defend the FtP charge either but let's wait and see what happens on Friday. Save your money for your fines, etc.   You need to make every effort to avoid a FtP conviction. It carries six points but most importantly an endorsement code (MS90) which insurers hate and it will see your premiums increase dramatically.
    • “There is the science, and then the art”.   The science gives you verifiable facts and figures. The art is applying the science in the real world, taking human factors into account.   If I had been in Wuhan, I’d hope I’d apply the principles of Bentham utilitarianism, taking all measures I could to protect myself but without risking others (so, no lying to evade movement controls). Yet, until actually placed in that situation: would I? I don’t know what I’d actually do until I’m in the situation.   What then if (early on in the Wuhan outbreak, before the travel embargo) I am already booked on a pre-planned flight out? Do I cancel it? Not if I don't have a temperature....   What if I have a temperature? I should ‘not travel’, but what would you (or I) actually do? Public opinion (looking at the case of the ‘Michelin traveller’) says to travel would be selfish.   What if I had a temperature, but my flight (booked before the outbreak) was to visit a terminally ill relative, who had only a very short time remaining?. Things are rarely cut and dried.   What would you (anyone, not just me and HB) do? Do you believe that what you think you’d do (when considering the issues) is going to always be the same as what you do when actually in that situation?   Human factors. Eyam plague: The village of the damned http://www.bbc.co.uk/news/uk-england-35064071   Would people do the same, today?
    • To just show there is nothing adverse on it and the address is not on there, anything really to help me? I really don't know as I say i have never been through this before.
    • Thank you. We were sort of saying the same thing then, that people and human nature make controlling disease more difficult?
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0james0

KBT Cornwall/Armtrac/BW PCN claimform

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quick notes..more later

 

as much as I like the 1st line pers I would not put the debunked stuff ...just the std WS line

 

you need to tidy up 1, be clear that the parking is shared and managed by the claimant and the hotel? it reads wrong.

 

i would drop 8, it reads you are agreeing you can be charged an amount, just that £100 is above the £85.. you don't even owe the £85 beavis does not apply here IMHO

 

9. the claimant does not own the land ..several times your ref to this in 9....they manage the parking on behalf of the owner [if this is even true !! is the contract valid and paid for this year..where the evidence in their ws?]]

 

11. be clear this was a windscreen ticket so its 29-56 days for the NTK. not 14 days [it was not an ANPR capture] so you might want to drop 11 totally


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Excellent advice, thank you all so much. 

 

I will leave making the edits for a short while, just in case any more helpful information is given in this forum, then I will amend and upload the better version for you all to review. 

 

I cannot thank you enough for your help, I really do hope that I win the case and I would love if someone else could then one day use this thread and case as a basis for their defence against these parking pirates. 

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I lost in court, was a waste of a journey, really disappointed with the judge and the way he went about things.

I barely had the chance to speak, when I did the opposition interrupted me, when they spoke their lies, if I said anything I was scolded. It was an absolute joke. 

 

The judge looked through their evidence and decided that they did not need evidence of where my car was parked to win the case, so the fact they only had a handful of pictures of my car in complete darkness, where you could bearly make out the car did not matter. 

 

Nor did the fact it was actually a trespass case and they had no right to even take me to court. 

 

Nor did the fact that I had admitted being the driver of the car a long time ago, yet they were still actually taking my company to court, not me the driver, who should be liable for the charge. 

 

It was as if the judge could not be bothered, was already friendly with the claimant legal person and the law and proof and facts did not make any difference to the case, which just makes a mockery of the whole justice system. 

 

Basically private car parking firms can do what they like it seems and the public just have to sit back and feed the greedy and non-law abiding firms that run them.

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no you just suffered judge lottery sadly then

as you quickly guessed

nothing you could do or say made any odds.

 

they probably play golf together or he gets free holidays there 


..

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I've tried not to be bitter about it, but it really felt like they were law buddies and the case was decided before I even went in the room. 

 

It was a real shame, as the BW legal chap had not received my witness statement prior to our initial meeting, after I gave him a hard copy, you could hear him ranting and raving to his colleagues and the firm he was representing asking for better evidence, he read the statement while I was in the room and he was clearly squirming in his seat and after his whole manner seemed like he was fighting a losing case. 

 

That got my hopes up, only to have them quickly dashed by a judge who cares not for upholding the law and the rules he is sworn to follow, just wanted the case in and out so he could move on with his day. 

 

I even asked at the end what my options were for overturning the decision, as I was certain he made an error in law and had he took the time to look at my evidence, would have seen what laws I was referring to, to which he told me that he would deny any request I made for an appeal of the decision. Judge, jury and executioner.  

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I'm really sorry to hear that, James. Sometimes the judge lottery isn't fair.

 

HB


Illegitimi non carborundum

 

 

 

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what appears to happen is that a judge makes a decision in one case and when you turn up at another with a decent defence and evidence that you are right it makes their previous determinations very shaky so they dont look at your evidence but use their previous case  bias to come to a conclusion.

 

there are also a coiple of judges who seem to think that as someone has put in a claim for money then it must be owed by someone. I have seen bias against people based on their occupation so a market trader will get short shrift but a company director will be listened to even if that company is a one man band doing market trading! You also see judges make decisions that disbey the laws of physics because case law decided 200 years ago didnt rely on science so they ignore the advances made since then.

 

Look on the bright side, you paid out the same as you would have paid anyway and put them to a lot of trouble. If everyone did that they would go bust as they couldnt afford the litigation cost and time

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