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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Raykay

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Everything posted by Raykay

  1. Raykay
    The court won't necessarily know that you did not know of the case, all they do is deal the information sent to them by the Lancashire processing office - they deal with the application of the summons which is sent then to the address used by the processing office. If all you ever received was the NIP/s.172 form which you posted back, a possibility is that they lost/mislaid it and made a mistake in the address for any follow up correspendence and summons.
  2. Raykay
    Start with the Lancashire enforcement office, they will know what letters where sent and where. At your speed the guidlines are the offer of a fixed penalty, which would have been sent the when they received the completed s.172 form, to be returned with your licence. Had you moved since February? They had your address to send the NIP & s.172, but you received nothing from them since? Often if they do not receive a reply from the s.172 form, the processing office send a 'reminder', if there is no reply to that a summons follows - which you should have received. If you have not moved, check with them the address they used, which if it is incorrect would explain why you had not received anything and helpful if you make the Statutory Declaration.
  3. Raykay
    It is: Lancashire Partnership for Road Safety Central Processing Unit 01772 410900, 9am - 11am & 1pm - 3pm, Mon. to Fri.
  4. Raykay
    That form would only have been the requirement to identify the driver - s.172, Road Traffic Act 1988, not to accept the offer of the fixed penalty, which may be the cause of your problem. The usual process is that on receipt of that form, depending on the circumstances, they make an offer of an awareness course, fixed penalty, or summons to court. It could be that they did not receive/lost the s.172 reply and why the court case was for failing to identify the driver rather than speeding. I doubt if your bank would know why the £100 was repaid, only that it was a transfer. It's not the Ministry of Justice that deal with matter, they only deal with the payment. The form needs to be returned to the relevent speed enforcement office. If you did not know of the court case, it is possible to make a 'statutory declaration' (s.14, Magistrates Courts Act 1980) at a court or solicitor, which will allow the case to be re-heard, and allow you to give your circumstanes.
  5. Raykay
    You usually do have to submit your driving licence, and that could be the reason the matter was dealt with at court. The amount of the fine and 6 points sounds more like the penalty for failing to identify the driver, rather than a speeding offence, so it could be an error on their part. You need to start with the office that dealt with the speeding matter first, the DVLA and Ministry of Justice only process information sent to them from that office.
  6. Raykay
    It would not be a DVLA problem, it will be with the office that dealt with the speeding offence that you need to contact, and find out why the £100 was returned and the matter dealt with at court. Some reasons are that the driving licence was not submitted, or the holder had 9 penalty points on their licence at the time of the offence.
  7. Raykay
    [sVIEW][/sVIEW]In the case of council penalty charge notices, the owner is liable, the keeper is irrelevant.
  8. Raykay
    A witness statement is not relied on in court, it is served on the defendant as a record of what evidence the witness will give in court, if it is disputed, the witness would attend court to give the evidence in person - which would not have that error. The statement and calibration record would all be irrelevant in your case if the charge is failing to notify as the speeding matter would be discontinued.
  9. Raykay
    If the driver has not been identified, the speeding matter will be discontinued. The details in the statement will not be relevant, or part of the evidence for the offence of failing to identify the driver, as that occurred later than the speeding - after the time given for their receipt of the identity of the driver form.
  10. Raykay
    The statement is only a document sent to you, the officer will have other documents etc. to refresh his memory (as in post 10). As the correct location would be on other documents you will have received, you would not be at a disadvantage.
  11. Raykay
    The photograph is used to identify the vehicle, not the driver. That is why the registered keeper is required to identify the driver. The operator will have other documents to remind him, which he can refer to in court. If the driver has not been nominated, the court case would be for that offence not the speeding - 6 points and a large fine if convicted.
  12. Raykay
    s.165A was introduced in 2005 and is used by many police forces to seize the vehicle of uninsured drivers - along with a £200 Fixed Penalty and 6 Penalty Points. As above, in some circumstances, CMPG are making further enquiries in respect of the use of the vehicle.
  13. Raykay
    For a no insurance fixed penalty, it is £200 plus six penalty points.
  14. Raykay
    It is the points on the licence at the time of the offence that are relevant, not at the time of the court case. If there were 9 on the licence in March they would count, plus the 3 for that offence, and the reason for the disqualification.
  15. Raykay
    It could be an error, £80 sounds like the Late Licensing Penalty, which is treated as a civil debt, for which the DVLA employ debt collectors, and they haven't realised it has been paid.
  16. Raykay
    The 14 day limit (with a few exceptions) only applies to the first NIP to the registered keeper, there is no time limit for the service of subsequent NIPs.
  17. Raykay
    The council may consider the matter to be covered by Advertising Consent, which may not need permission, instead of Planning Permission.
  18. Raykay
    They appear to be on both sides of the road, it depends where they end. If they end beyond where the car is, it is between the two pairs of lines and in the restricted area.
  19. Raykay
  20. Raykay
    Until recent times there were two ways that speeding offences were dealt with, either no further action, or summons to magistrates court. Now there are two addidional ways if conditions are met - speed awarenes course and fixed penalty. One of the conditions to accept the fixed penalty is that the person's driving licence is submitted, if it is not, the offer is withdrawn and the matter reverts to either no further action (as in your case), or summons to magistrates court (as in the OP's case).
  21. Raykay
    It is the address on the V5C that is used, not that on your driving licence.
  22. Raykay
    That is why I said 'in a similar way'. The liability for not paying the congestion charge, and penalty charge for parking contraventions are not offences. The liability for paying the congestion charge, and the penalty for not paying the congestion charge, both lie with the registered keeper, or if other regulations apply, another person.
  23. Raykay
    Yes, in a similar way to penalty charges for parking contraventions which are not offences.
  24. Raykay
    The non-payment of the congestion charge is not an offence, it is a liability which lies with the registered keeper, or if other regulations apply, another person. Of course a registered keeper, or anyone else, should not be punished for an offence they did not commit.
  25. Raykay
    There is no violation of anyone's legal rights, the legislation makes it quite clear who is liable for payment of the congestion charge (it is not an offence involving courts) - the registered keeper (if they were the driver at the time or not) or, by regulations, another person.

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