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mightymouse_69

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Everything posted by mightymouse_69

  1. Lasertung: Read the contract carefully - does it say anything that suggests the garage have the right to alter or discharge the contract? If it does, you might have success under the 1999 regulations: As for if your car was written of - you could always claim that the contract is frustrated!
  2. Whilst this is undoubtedly accurate advice, it is not really contructive and probably not what 'strefsurfin' was looking for! Speeding is not the crime of the century and its an offence almost everyone commits - usually by accident. I have found myself driving at 40 in a 30. I blame myself for not looking out for signs properly - but i was driving in a city 230 miles from home, and the road system had changed apparently - its amazing what confusion can do to you!! The OPs husband was just unlucky to be caught.
  3. Saying you did not see the camera is not a valid defence. The ACPO (and probably some other organisations) publish guidelines on the visibility of cameras, but even if a camera does not meet this 'guidance', its not a defence.
  4. I have heard cases where someone has been caught by two cameras one after another, it was dealt with as one continual offence. However, i expect the prosecution would argue that given your husband stopped in town, and was caught again exiting town, this should have given him the opportunity to see the speed limit for that particular road.
  5. Just to clarify what others said about triable either way offences. It is your choice whether to have a jury trial (which takes place in Crown Court with Barristers in wigs and gowns - the whole Kavanagh QC thing;)), or for the court proceedings to take place in a magistrates court. Whatever you plan to choose, your first call will be to the magistrates court for pre trial prcedures - you will be asked to confirm your name and enter a plea. If you plead guilty, it is likely that you will be dealt with there and then, however if the magistrates feel that you deserve a punishment greater than they can give, they will refer the case to Crown Court, however this is unlikely. If you plead not guilty, you will have to choose what mode of trial you want - jury in the Crown Court, or a trial in the Magistrates. This decision is entirely your choice and is something your Solicitor will be able to advise you on. Don't be too worried though - the prosecution have to prove that you: 1)Dishonestly :- Says it all 2)Appropriated :- Assumed the owners rights over an item. 3)Property :- Self explanatory. 4)Belonging to another :- Again, simple. 5)With the intention to permanently deprive :- Simple Now, points 2 - 4 you are guilty of, albeit accidently. However from what you have said, you are not guilty of points 1 and 5, and these need to be proven for a conviction.
  6. I agree with the others - ignore the letters. On a legal note - Thornton v Shoe lane parking was in 1971 and only really applies to clauses that one would not expect to see.
  7. Oh right, they seem a right bunch of crooks, just look at this: ?My fight to avoid unjust parking bill? (From Bradford Telegraph and Argus)
  8. Hey, I know there are plenty of threads about these pests, but i just wanted to share my experience of Excel... I regularly drop my girlfriend of to work, which involves stopping in Forster Square retail park. The car park operates a 2 hour free policy. On one particular day i dropped my gf of at 6:50am as usual and then exited the car park and returned home. I then went about my day - getting fuel at sainsburys and shopping at Asda. I then returned to the car park and visited a shop for a few minutes, before collecting my girlfriend when she finished work just after 1pm. I then received a PCN from excel, stating that i had entered the car park at 8:50am and left at 3:20 pm - a stay of over 6 hours!! I think that it is a massive mistake on their part - the clock on the camera seems to be 2 hours fast! Anyway - im going to see what happens - very little i expect. Fortunately, Sainburys were very helpful in tracking down my receipt proving that i bought fuel (paying by card) at their station on the day in question at 11:19 am (when i was meant to be parked up according to Excel:-|).
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