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Messages - Melamili

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1
Please can I get feedback for my draft representation, also are the cctv grounds no longer successfull?

Dear Sir/Madam,

I would like to make a representation on the following grounds.

The contravention did not take place. The sign indicating a pedestrian zone cannot be considered a traffic sign because of its height making its visibility severely limited and would no be visible to approaching motorists turning left.

Also there is a lack of consistency between the grounds of appeal on the Authority's PCN and those on the website. When entering the Authority's website a motorist is faced with a General Representation invitation and then as you progress it provides a box for the representation thus prejudicing the motorists ability for a fair representation.

Kind regards,

2
I am happy to forego the discount option if there is a good chance of success on appeal.

Is the London CCTV defense not an option in this case?

Also can you please elaborate regarding the advanced sign not being a traffic sign.

Many thanks.


4
Good Afternoon,

My aunty got a PCN sent to her for entering a pedestrian zone while during restricted hours.

She says she failed to see the sign as it was quite high up on the main road before turning into the street with the pedestrian zone.

This is the PCN she received. https://imgur.com/a/jpteWSD .

Am I right in thinking contraventions captured by CCTV cameras in London can be appealed successfully?

Many thanks for help.

Mel

5
@the_rookie 

The offense that was removed was more than 4 years from the date of this incident.

@H_C_Andersen

The only things that are conflicting is the officer has confused multi car policy with fleet insurance plus the fact he has not mentioned most of our conversation. My insurance ceased I believe 2nd of February.

@andy_foster

I think I have provided all the information of what has happened. Is there anything you would like to know specifically or in more detail?

What do you think about contacting the proescuters office before the hearing to ask them to drop the charges?

Plus I have a message screenshot of her essentially admitting to removing me from the insurance. Also how common is it for police to allow you to do insurance on the spot when they have stopped yourather than impound the car?

6
I appreciate your feedback H C, my arguments may be wishy washy or I am not the best communicator or if I was to write every single detail it may be very long. On the form I pled guilty and asked to attend court. There was a space for adding more info which I stated I wanted to raise SRNTE. It said that I can provide full information when I attend. I read somewhere it may be worth writing separately to the prosecuters office and ask them to dismiss, what do you think?

I am not sure why he mentions fleet policy he may have confused that with multi car policy. He fails to mention all the details I gave him regarding it appearing to be a deliberate act by my wife. We had a long chat and most of it doesn't appear in his statement.

" One of the couple- in this case your wife- takes responsibility for these hands-on admin. tasks. You have separated since the last time the insurance on your car was renewed and she received an autorenew notice and responded by positively cancelling the insurance without giving you notice as some form of retribution"
This is basically sums up what happened and hopefully can prove this once I receive subject access report from the insurers.

There is still only one main policy holder on a multicar policy. All correspondence was addressed to her. Even as a named driver on the policy the insurance company wouldn't discuss with me over the phone.

Having just checked my license 3 points have been removed as they have expired so I currently have 3 points for speeding.

7
I appreciate your feedback and know you are not being unsympathetic.

It is not just simply using taxis or public transport. Its the costs involved because I know pretty sure I am going to be skint by the time all the proceedings are done, so will not he able to afford the extra costs involved.

With regards to reducing time with my daughter I take your point if I am staying in the area she is being picked up, but normally I take her back to my area to see her grandparents and her other cousins and she always insists she wants to see her bedroom.

Okay I shall get on with doing the subject access request and prepare some sort of mitigation, as from what I have gathered due to strictl liability, I will have to plead guilty and offer my circumstances.

8
In response to whether it would cause exceptional hardship, I think it definitely would.

I travel between different sites for work. Losing my ability to drive would increase commute times considerable and would definitely mean spending more money which I don't have at the moment with child custody / divorce proceedings. I am having to pay about 80 pound an hour at the moment to see my child twice a week. I would need the car also to transport my child to her mother and we live more than an hours drive away. Public transport may add an extra hour to the journey each way this would again be more expensive financially and reduce the amount of time I have with my child.  Would you consider this excessive hardship?

With regards to subject access request my data should be on there as a named driver so on whst basis could they refuse?

Thanks for all your help.

9
Thank you for your reply.

It was my wife that would normally renew our insurance policy plus it would have been on autorenew if that helps my case I'm not sure.

I am in the process of obtaining information from the insurer to try and prove she actively removed my car from the policy but im having trouble as the policy is in her name. I don't if doing a subject access request would help or if they are obliged to hand over information if ifs regarding a criminal case.

Regardless of how I wish to present my extenuating circumstances I am assuming u should just plead guilty and then try to explain the situation to the judge. I already have 6 points so I am potentially at risk of losing my license but I need my car for work as I commute long distances.

Can I make a criminal complaint against my wife's actions?

11
Good Morning All,

I am in a bit of a situation and a friend has recommended your good forum to get advice.

Summary of the situation:

On 16/2/24 I was stopped by police not sure of the exact reason of the stop but I am assuming my vehicle was flagged up on their ANPR as having no insurance.
I was driving my own vehicle registered under my name with my young daughter as a passenger.

The police officer asked me if I had insurance and I said yes of course. After checking on their systems they informed me there was no insurance on the vehicle to my shock and I thought there must have been some sort of mistake.

My (soon to be ex) wife and I have a multicar policy and she is the one that normally renews every year. We are currently going through a break up with court proceedings under way to decide things like child custody etc. During the incident I attempted to contact her to see if she had renewed but could not get hold of her. I then messaged her to which she replied and it became apparent that she had not renewed the policy on my vehicle. As it is a joint policy I am assuming she would have had to actively remove my vehicle from the insurance without my knowledge and without letting me know.

I contacted a relative in the car industry who spoke with the police and I am not sure what they discussed but after speaking with them and explaining my situation the police were sympathetic in allowing me to do any insurance policy there and then to allow me to drive the vehicle again rather than get it towed away which is what I think happens under normal circumstances.

I have already received the letter of offer for fine and points which I did not respond to as I wanted to explain the circumstances of this in court. I now have the single justice procedure notice and would like to know your thoughts. I have until 5th of August to reply to this.

Link to documents: Apologies if they are all over the place, did not know how to sort.

https://imgur.com/a/Q9jQ8SW

https://imgur.com/a/vGmQf1d

Questions -

1)Is there any defence where I can argue that I had sufficient reason to believe I had car insurance as it was a joint policy. If not does that mean people in such multi car policies would have to check daily if they have insurance in case the named policy holder has decided to cancel the insurance? Is that realistic?
2)Is there any criminal complaint I can put against my wife with regards to cancelling / removing my car from the multicar policy and not informing me of this? In the knowledge I was driving our daughter around and that I could face serious consequences where I to be stopped by the police (which I was) and potentially affect my employment and professional registration. I just dont know how she could have done this and also allowed her daughter to be driven in an uninsured vehicle.
3)Some of the officers statements are not accurate such as me saying no comment which was not the case, I was in full conversation with them trying to explain what had happened but none of this appears in the witness statements.
4)Probably a moot point - on the actual letter it is addressed without stating my first name (only has my middle name and surname), but my name appears in full on other parts of the documents sent by the police.

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