Jump to content


  • Tweets

  • Posts

    • If you are flying away tomorrow (or rather this) morning I'd just forget about complaining to the police now.  As BF said earlier it's probably just a waste of your time anyway so I wouldn't worry about it.  Forget it for now.  Have a safe flight and concentrate on your other thread against Aviva.
    • I'm afraid you won't get a complaint drafted before tomorrow morning - and I think most others here think it would be a waste of time anyway and that the police decision won't change.  I would ask for a review and make a complaint on principle, but I suspect you are better off concentrating your effort on your other thread and direct complaint against Aviva.   Unless you are out of the country for an extended period I'd wait until your return before considering futrther whwther to complain about the police.   [ By the way, just so that you don't mislead yourself as it's a mistake many people make, ALL agreements are "verbal" in that they are composed of words.  Some agreements are in writing and others are oral, spoken or vocal.  The law recognises oral or spoken agreements just as much as ones that are written down.  The only practical difference is that oral agreements can be difficult to prove in a dispute]
    • Just to add there is a scheme called the Victim's Right to Review.  It basically applies to decisions made by the CPS not to go ahead with a prosecution.  It doesn't apply to decisions made by local police forces, but it does say:   19.  Decisions that are not eligible for VRR include: ... iii where the police or other investigator exercises their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested / have been unable to make a final decision to charge. Requests for review of such decisions should instead be addressed to the relevant police force/other investigator; [My bold] Victims' Right to Review Scheme | The Crown Prosecution Service WWW.CPS.GOV.UK   I'm not familiar with the scheme so can't advise - but other posters here may know about it or have experience of it.  You need to read the above link but note that it talks about things that seem to fit your situation.   eg a victim is defined as ‘a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.   If you have not already requested that the police review their decision not to pass the case onto the CPS, then I would do so.  If you are not happy with the outcome of that, complain.   I can't advise you definitely to go ahead and ask for a review or complain, but if I were in your situation that is what I would do.  But I tend to agree with BankFodder that you'll get nowhere and, if you are sick and tired of all this and just want it to go away, then just drop the police.  However, if you don't try...   [Apologies for the italic typeface/font - it's the above link causing it.  The italics should have stopped at the end of the third para above ending ' ... criminal conduct'.  I can't change it.  Very annoying]
    • @Manxman in exile I eloped to get with my husband si my husband and siblings never sat together in the same room .   Hes claiming a verbal agreement was made but a verbal agreement doesn't hold any water in the eyes of the law..no agreement was made I was in Leeds with my toddler.    He has made use of the policy , had the luxury of the insurance and reversed the money back and now Aviva are coming after me.   You've summed it up well is there anyone in the group that can help me draft the complaint to the police as I'm flying out first thing tomorrow and my head is all over the place.   My husband me Mr z , my late father and eldest brother were at this meeting supposedly when the verbal agreement was made but yet the officer took a statement off the eldest brother and didn't take it off the husband and based the final decision on the eldest brothers statement and Mr Z and all other evidence which is in written form has been completely dismissed    I'm fighting it all alone coming from an Asian background I am getting taunts and salt is bring rubbed on my wounds its not been a pleasant experience yo say the least trying to prove my innocence and having to listen to the b******* being spouted out by everyone whilst Mr Z is walking away not guilty 
    • I would complain to the police - even if I thought it would go nowhere.  I can't see that you have anything to lose.   I can't tell you the grounds of your complaint because I don't know the details of everything that has happened (you know better than I do)  and because I've found much of the story too difficult to follow.     But - based on everything you have told us - it seems to me that your brother has clearly committed fraud by obtaining the benefit of an insurance policy by falsely misrepresenting that he was opening the policy on your behalf and also by falsely misrepresenting himself - or a third party - as being your husband.  If your brother could not have taken out that policy without making those misrepresentations, then he has committed fraud.  It doesn't matter whether the victim was Aviva or you  and it doesn't matter if the victim realises they've been defrauded or not - the police should investigate it properly.  In this case you are the ultimate victim of the fraud because Aviva are saying that you owe them for the premiums on the policy your brother fraudulently took out, so whether Aviva consider they were the victims of fraud or not is irrelevant - they don't care because you end up as the fall guy.  Point out that this may have ended in a civil dispute over a debt between you and Aviva, but that that debt directly arises as a result of your brother's fraud in claiming to be acting on your behalf and by impersonating your brother.   One of the reasons the police seem to have dropped this case (and this needs to be one of your main grounds of complaint I think) is that they have accepted without question your brother's statement that your husband was somehow involved or in some way agreed to your brother taking this policy out in your name, and the police have simply and uncritically accepted your brother's word on that without ever speaking to your husband, who would vigourously deny it.    (I can't make any better suggestion than that because, to be honest, I don't follow what has happened.  If you never authorised your brother to open this insurance policy at all then I don't understand why the police would place any importance at all on your husband being present at a meeting with your brother.  What did your husband's presence have to do with the insurance policy?  Even if he had been at such meeting (which you say he denies) then how could he authorise anything on your behalf?  None of it makes any sense to me and I can't see why the police would think it did.)   Challenge the police to explain to you why they believe there is insufficient evidence to pass this on to the CPS   I would follow the published complaints procedure of the police force in question and I would also send a copy to your local Police and Crime Commissioner.   I think the main problem here is that (despite what the nice woman PC may have suggested to you) the police have never considered you to be the victim.  You need to demonstrate to them via your complaint that you are the victim here.   One other question: is your husband and are your family supporting you through this, or are you going it alone?
  • Recommended Topics

  • Our picks

  • Recommended Topics

54mph in a 40mph motorway


Recommended Posts

Good evening, my dad received a speeding fine from South Yorkshire police for speeding, he was going 54 in a 40 due to a broken down post office van.

 

He completed the form and admitted he was driving  And sent  the form back to SYP hoping he would be eligible for a driver awareness course due to him having a full clean licence since 1980. 

 

My dad never heard anything untill a letter arrived asking him to send his licence for 3 points and to pay £100 fine or they will take him to court and it can be up to a £1000 fine.

 

I Sent a letter back to SYP in a short story saying my dad holds his hands up admits he's in the wrong but the points and fine seem abit harsh and why carnt he go on a DAC.

 

Today we received the attached letter.

Not sure why they state in the letter we have asked them to cancel this as we never have 🤔.

 

Any advice on this, SYP are being AH's

 

Thanks 

 

 

 

 

 

 

 

 

 

 

 

IMG_20210903_205753-converted.pdf

Link to post
Share on other sites

Not sure it should be argued about further, as the choice is accept the points + £100 fine or argue about it at Magistrates and end up paying a higher amount, with the points still being added.

 

A DAC is not an option they are offering. There is no negotiation in this.

 

 

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 OTHERS

 

 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

Link to post
Share on other sites

What's frustrating is the DAC is £90 approx, and explained he works as a HGV driver so he wouldn't like the points, just don't seem reasonable to me. I could understand if he had previous points

Edited by lee19921992
Link to post
Share on other sites

The policy of whether to offer a DAC is a local decision for each regional police force, although the majority offer the course there are a few exceptions and the offence may have taken place in such a region.

There are also limits on when a DAC can be offered, these are easily searchable on the internet. It may be that the difference in speed was above this threshold.

Link to post
Share on other sites

ACPO has been replaced, but the speed enforcement guidelines remain…..

 

46 to 53 mph in a 40 would be considered for a DAC in many forces (services?). Most wouldn’t offer a DAC at 54 mph in a 40.

 

Good luck with arguing that he is an HGV driver so shouldn’t get points….

expect to hear “the temporary speed limit was applied for safety due to a broken down vehicle. A professional driver (like an HGV driver) should know to respect such temporary limits given they are imposed for safety around hazards.”

Him being an HGV driver can be seen as an exacerbating factor, not mitigation.

 

If SYP aren’t going outside the national guidelines, you have to wonder who is being unreasonable here!

Link to post
Share on other sites

@lee19921992
Tell you Dad he is risking a far worse outcome going to Court.  Not sure how this would look to an employers, an HGV driver going to Court arguing about how their excess speeding only merits a DAC.

 

Why give this greater publicity than is required.

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 OTHERS

 

 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

Link to post
Share on other sites

not worth court!!

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... 

Link to post
Share on other sites

Certainly not a good idea to go anywhere near a court. Court's cannot order courses as a disposal at all, regardless of the speed.. If he is convicted in court he will face an income related fine, costs of £85 (assuming he pleads guilty), a Victim Surcharge of 10% of the fine (subject to a minimum of £34) and three points. As Bazza states, courses are only offered up to (Limit + 10% +9mph). After that it's a Fixed Penalty of £100 and 3 points and if you don't fancy that, off to court you go.

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
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...