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patdavies

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Everything posted by patdavies

  1. Could you provide a reference for this please. AFAIK, the RTA applies only to the public highway. Even on the public highway, the Act does not allow a parking attendant to issue an FPN - they can only issue PCNs (Penalty Charge Notice) which are enforced via the civil justice system. FPNs can only be issued by plod or plod traffic wardens, and are enforced via the criminal justice system = that's why the RTA1991 refers to decriminalised parking enforcement for councils
  2. I assume that the DVLA has revoked your driving licence?
  3. Absolutely - it is for the accusers to make their case without demanding that the accused incriminate him/herself
  4. Not quite all. It should do, but there is normally no arrest for a speeding offence and no caution. The problem with the NIP is that whilst the RTA S172 makes provision for information to be demanded under penalty of prosecution, the information is translated into a confession once the case is in court. PACE states generally that a confession without a caution is inadmissable in court. Some police forces tried to get round this by printing the caution on the NIP. This failed because the S172 statement and the caution directly contradicted each other and in any case the person being cautioned must agree that they have understood it.
  5. Basically, it means that you can get between 2 and 6 points for speeding offences, depending on the severity
  6. As far as I am aware, the 1984 Act only permits the issuing of ECNs. Your best bet to to go over to PePiPoo: Helping the motorist to get justice and ask on the parking forum - they are the experts
  7. Ticket 1 if issued uneder the RTRA1984 can onkly be caled an excess charge notice (ECN) If the are calling it a PCN then it has been issued under the wrong act an is invalid. In the second case, they should have a copy, otherwise how can they prove it was issued in order to enforce it.
  8. It has to have two dates 1) Date of contravention or seen 2) date of issue They may not use one iteration of the date for both purposes.
  9. Surely there should be a second photograph? Any single photograph can show a vehicle stationary within the box junction even if it were actually moving
  10. They will also be open to challenge when the new graduated fines become law. If you have an average speed set-up and you are detected as having an average speed above the posted limit - just exactly where did you exceed the limit between the cameras and by how much? Also, once again, motorcycles will get away with it as SPECS reads the front number plate
  11. Yours is newer and is therefore caught by the sliding scale VED that only applied to new vehicles form its date of introduction in 2001. BTW, there isn't a rate of £102 for six months - it's £104.50 for petrol and £107.25 for diesel at over 185 gm/km CO2 emission Older vehicle remain on the old scales - possibly because CO2 emissions tests weren't available for them. If it is any consolation. I pay £175 per year for a 4.7 litre V8 Jeep - first registered 2000
  12. I an a school governor and we are finding more and more parents are only available on mobile numbers. A lot of people are now using PAYG and not having a BT line at all.
  13. There are two separaet offences. One is not having a valid VED for the vehicle and this is enforced by the DVLA. Plod only report to them. This is what cen be checked 'on the spot'. The second offence is failure to display and this is a Police matter and it is totally irrelevant whether the vehicle is taxed or not. The fact that a vehicle is taxed is not a defence to a charge of failure to display.
  14. Depends on whether the garage is on the way to the testing station. You do not have to use the nearest one. A friend of mine was advised that he could pick up a car from Yorkshire and make an appointment at his local garage in Cambridge. If it failed he could still drive it home. The exemption is to and from a pre-booked Mot test appointment
  15. Not having (or displaying) valid VED has no affect whatsoever on the insurance. If you drive and untaxed and unMoT'd car to an MoT appointment (which you may legally do) are you automtically uninsured - I think not.
  16. Just how would this work? In UK we insure the driver, not the vehicle.
  17. This is a private car park. They cannot lawfully issue any sort of fine. It is covered purely by contract law and they can only sue for their actual losses. Their stance is that the driver has formed an 'implied contract' by parking. If your friend is the RK/owner and not the driver then no contract exists with her, and nirhter can she be required to name the driver. For best advice, go over to PePiPoo: Helping the motorist to get justice and read through/ask on the parking forum
  18. It is 14 calendar days; so it includes weekends and public holidays. Some areas will offer a speed awareness course if you are only slightly over the limit. (Usually up to 36 mph in a 30). These cost between £70 - £90 and you do not get any points; also you must not have previously attended such a course in the past 3 years. There is no right to such a course
  19. I would assume that Bkluewater is a private company and this is neither police nor council action; but a private clamping company. Yes, you can sue them via the SCC. Go over to PePiPoo: Helping the motorist to get justice for help - there is a parking forum.
  20. The FoI Act specifically excludes personal data. If you got the data that you requested, the the data controller at the CSA has breached the DPA and should be reported for it. The information commissioner has grounds for prosecution.
  21. A Freedom of Information request will not get you a copy of your personal file. This will only happen if you request it under S(7) of the Data Protection Act 1998
  22. See the Royal Mint website. The last FAQ on the page outlines the amounts that are valid for leagal tender. Also note that the definition of legal tender is restricted to paying of debt into a Court
  23. I am sorry that you have failed to get any of your 3 offences discharged but a lot of the above is misleading. Cameras are calibrated in line with the individual type approval. This lays down the necessary accuracy. Calibration is normally annual and you can request a copy of the calibration certificate if your case goes to court. The calibration is very accurate. The trigger threshold is set by the operator and this is normally 10% +2 above the limit. If your vehicle triggers a camera, the Registered Keeper must be served with a Notice of Intended Prosecution within 14 days, not including the day of the alleged offence. If this is not done then any prosecution must fail unless the Police can show valid reason as to why it was not possible (V5 not or recently updated, etc. - slow post is not a valid reason) Unless you already have 9 points or the speed is seen as excessive, you will be offered a fixed oenatly of £60 + 3 points. If the speed is not too high (ie 36 in 30 limit) then some Police forces will offer a Speed Awareness Course. These typically cost £70 - £100 but you don't get any points. You can only attend one course in 3 years. There is no right to be offered this course. There are many grounds for 'getting off', not least of which is the failure of the CPS to put their case together properly. You have no right to see any of the evidence unless, and until, you enter a plea of not guilty to the Court. The law states that you must not speed and prescribes penalties if ypu are caught. however, the law requires a certain conduct on the enforcing and prosecuting authorities. It is not 'getting off' if they fail to follow the law in their enforcement/prosecution.
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