Author Topic: Excess charge notices - guidance for those giving advice.  (Read 141 times)

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cp8759

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Excess charge notices - guidance for those giving advice.
« on: May 27, 2024, 06:25:50 pm »
If anyone posts an Excess Charge Notice in any part of the forum, please do not advise the OP to pay. Flag the thread to me and I will deal with it appropriately. The same goes for any police FPNs issued in respect of what appears to be a civil parking contravention.

These sorts of cases are very rare but when they come up they require detailed investigation, telling someone to pay without carrying out those investigations would be negligent if you were a qualified lawyer because it could prejudice the OP's case. While it is true that nobody gets paid for giving advice and we are all volunteers, we should not be giving bad advice.

If you don't know what relevant investigations need to be carried out, then by definition you are not qualified to give advice on the topic of ECNs.

Advising someone to pay in a case where you are not qualified to do so is also a breach of House Rule 3, because it qualifies as poor advice.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

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cp8759

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Re: Excess charge notices - guidance for those giving advice.
« Reply #1 on: June 26, 2024, 07:00:16 pm »
Case in point: https://www.ftla.uk/news-press-articles/why-a-lawyer-is-giving-his-fee-to-charity-after-stopping-a-wrongly-issued-norfol/

I don't have the original Pepipoo link but I'm sure the OP was advised to just pay by at least one or two people. Advice along the lines of "Oh it's ever so difficult to go to the Magistrates' Court, you're better off just giving up and paying because [costs / difficult / whatever else]" that does not even consider whether there are any viable defences will not be tolerated on this site.
« Last Edit: June 26, 2024, 07:24:04 pm by cp8759 »
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order