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Messages - 666

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1
Speeding and other criminal offences / Re: Totting up offence
« on: Yesterday at 02:54:48 pm »
More details needed.

All dates, both of old and new offences. Alleged speeds and limits.

What do you mean by "pushing"? What have you actually received, either in October or later? Again, dates.

The reason for the court referral will be that it is too late for anything else.

2
Private parking tickets / Re: SNOW
« on: January 22, 2026, 02:13:02 pm »
Quote from: DWMB2 on January 22, 2026, 01:46:35 pm
I'd be minded to play this with a straight bat - you can appeal as the keeper pointing out that due to snow, the end bay was entirely unusable. Their enforcement therefore had no commercial justification. Add in to that the fact that the PCN fails to contain a period of parking, and as such they have neither proved the vehicle remained there for longer than the mandatory consideration period, nor have they specified a valid period of parking as required to hold the keeper liable under PoFA. When I've more time I can draft something up, unless someone beats me to it.

Quote from: 666 on January 22, 2026, 12:44:48 pm
Not so. If everyone parked like that, only the bays at ether end of each row would be unusable. The capacity would be reduced, but not halved.
Fair point. Perhaps you can help the OP with their appeal?
Not on that point, but other possible angles.

Since the car park does not require payment, (a) there can be no commercial justification, and (b) can there even be a contract to enforce?

3
Private parking tickets / Re: SNOW
« on: January 22, 2026, 12:44:48 pm »
Quote from: DWMB2 on January 20, 2026, 01:12:07 pm
Ordinarily, issuing charges to vehicles that 'straddle' 2 parking bays would have a clear commercial justification (if everyone parked like that, the capacity of the car park would be halved).

Not so. If everyone parked like that, only the bays at ether end of each row would be unusable. The capacity would be reduced, but not halved.

4
The Flame Pit / Re: How to upload my PCN and images
« on: January 18, 2026, 04:13:19 pm »
The site founders decided to keep this secret by putting it at the top of the Home page.

5
The Flame Pit / Re: Have I been caught?
« on: December 29, 2025, 05:30:23 pm »
Quote from: shredxt on December 29, 2025, 04:29:01 pm
Quote from: 666 on December 29, 2025, 04:17:32 pm
Quote from: shredxt on December 29, 2025, 03:40:56 pm
I've got an interesting scenario to bring to the table...

I was traveling South on the A1, at this stage of the journey I'd not long joined the A1 from the Edinburgh City Bypass. All of the journey was done with cruise control set to 60 or 70, where applicable.

There was one stretch of dual carriageway (possibly before Haddington, but I can't be 100% sure) where a line of cars were all doing 60-65mph in the outside lane, leaving the inside lane completely free as far as the eye could see. I got slightly agitated (silly on my part) and went back into the inside lane, where I applied some gas to pass the line and then return to cruise speed. As I approached the front of the line, I caught sight of a marked Volvo SUV sitting at an observation point on the opposite side of the road. I reacted immediately and slowed down, but I'm fairly certain my peak speed was 90mph. No attempt was made by them to turn around and pull me over, but I think I'm right in saying they can still issue a NIP to me via post?

It's possible they weren't even monitoring speeds and were simply just having a break or doing a multitude of other things, right? What's the likelihood that I've been done?

Here's a professional recreation courtesy of Paint.NET: https://i.postimg.cc/zJCFm2KG/reconstruction.png
Yes, they can issue a NIP. Probably unlikely that they were monitoring speeds in the opposite carriageway, but your careless/dangerous driving may have drawn their attention.

Getting fed up with lane hoggers sitting in the outside lane for no good reason, however, that doesn't excuse or permit a few seconds of agitated driving. I'm hopeful that, as it was only a few seconds of acceleration followed by a return to cruise speed, I'm off the hook. I know undertaking is a divisive subject, and I wanted to clear their blind spots and get past the backlog of slow-moving cars in the incorrect lane as quickly as possible.

Not to the police! That would definitely be charged as careless in England, but Police Scotland seem to be more trigger-happy with dangerous driving charges, e.g. for excessive speed.

6
The Flame Pit / Re: Have I been caught?
« on: December 29, 2025, 04:17:32 pm »
Quote from: shredxt on December 29, 2025, 03:40:56 pm
I've got an interesting scenario to bring to the table...

I was traveling South on the A1, at this stage of the journey I'd not long joined the A1 from the Edinburgh City Bypass. All of the journey was done with cruise control set to 60 or 70, where applicable.

There was one stretch of dual carriageway (possibly before Haddington, but I can't be 100% sure) where a line of cars were all doing 60-65mph in the outside lane, leaving the inside lane completely free as far as the eye could see. I got slightly agitated (silly on my part) and went back into the inside lane, where I applied some gas to pass the line and then return to cruise speed. As I approached the front of the line, I caught sight of a marked Volvo SUV sitting at an observation point on the opposite side of the road. I reacted immediately and slowed down, but I'm fairly certain my peak speed was 90mph. No attempt was made by them to turn around and pull me over, but I think I'm right in saying they can still issue a NIP to me via post?

It's possible they weren't even monitoring speeds and were simply just having a break or doing a multitude of other things, right? What's the likelihood that I've been done?

Here's a professional recreation courtesy of Paint.NET: https://i.postimg.cc/zJCFm2KG/reconstruction.png
Yes, they can issue a NIP. Probably unlikely that they were monitoring speeds in the opposite carriageway, but your careless/dangerous driving may have drawn their attention.

7
Speeding and other criminal offences / Re: NIP received 21 days late
« on: December 17, 2025, 10:28:39 am »
Quote from: Caught on December 17, 2025, 08:04:19 am


In Peter’s case the judge confirms that it is on the police and the prosecuting authorities to prove NIP was delivered on time and only way to do it is presumption of service which cannot be rebutted.

So basically it is impossible to prove NIP was not delivered. Thanks to Peter’s case we know it can get late, that is fact but in law terms was still delivered on presumption.
Do I get it correctly?
No, the presumption can indeed be rebutted.

The relevant section of the Interpretation Act says: "... the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."

But, as you know, proving the contrary is not easy.

8
Civil penalty charge notices (Councils, TFL and so on) / Re: Give Way Violation PCN at Salter’s Hill
« on: December 15, 2025, 04:27:30 pm »
Sightlines: What "blind summit"? And if the white van was hampering visibility, perhaps you were too close?

Signage: No, it applies to the give-way line.

9
Speeding and other criminal offences / Re: Received a Single Justice procedure Notice for not providing the requested information.
« on: December 08, 2025, 03:15:14 pm »
OP, the guideline fine is Band B, that is a weeks 'relevant' income.

That would be subject to 33% discount for a guilty plea, but also a 40% 'victim' surcharge and prosecution costs of c£90.

You should also be aware that the resulting MS90 endorsement code is frowned upon by insurers, and you will see hefty increases in your premiums for the next few years.

10
Speeding and other criminal offences / Re: Caught both ways (HGV)
« on: December 07, 2025, 12:23:56 pm »
Quote from: roythebus on December 07, 2025, 12:03:47 pm
This might give you a clue: https://www.google.com/maps/@54.9793721,-2.8786931,3a,75y,90h,90t/data=!3m7!1e1!3m5!1sKZRVoN-NmbBvyYD_LTXhrA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D0%26panoid%3DKZRVoN-NmbBvyYD_LTXhrA%26yaw%3D90!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MTIwMi4wIKXMDSoASAFQAw%3D%3D

I'm surprised that as an HGV driver you are not aware of what a restricted road is. Have you ever attended the driver CPC course that we have to do every five years? That is supposed to keep drivers updated on road traffic laws and other driving hints and tips.
The restricted road limit has been in place since 1935. Updating seems superfluous.

11
Speeding and other criminal offences / Re: Caught both ways (HGV)
« on: December 06, 2025, 05:20:10 pm »
Quote from: Sillygoose on December 06, 2025, 04:51:59 pm
Yes, is there anything I can do to argue my case.

Give us a clue- what case do you think you have to argue? There is no requirement for a camera to be visible.

12
Speeding and other criminal offences / Re: 58 in a 40
« on: December 05, 2025, 10:08:42 am »
Quote from: AlbaZeus on December 04, 2025, 08:36:36 pm
Hi

Recently rented a transit van from enterprise to move house. Received an email stating they'd been contacted regarding a moving violation.

Emaied back and they provided the form from the camera unit off Police Scotland informing I'd been snapped by a fixed camera doing 58 in a 40.

The road in question is a dual carriageway but is indeed a 40. New to the area so must have missed the sign although no excuse.

Anyway clean licence, been driving 23 years so was wondering possible consequences?

It's in Scotland if that makes..a difference
Have Enterprise responded to the police? You must not, until the police contact you.

13
Speeding and other criminal offences / Re: NIP time correction time letter issued after 14 days from offence
« on: December 02, 2025, 03:25:11 pm »
Quote from: Frank on December 02, 2025, 03:00:03 pm
Thank you.

How likely would I be to win in court if that was my defence?

It does not seem worth fighting if there is even a small risk of getting a criminal convinction.

I believe your defence should be slightly different.

The law requires a NIP - served within 14 days - to state the time of the alleged offence. Yours simply did not, and the letter from the police is evidence of that. The letter does not constitute a "corrected NIP".

It may be worth a phone call to the police pointing this out, in the hope that they may drop the matter. They may not, but it costs nothing to try.

14
Speeding and other criminal offences / Re: NIP for failure to comply with traffic light - 1sec Any grounds to contest
« on: December 02, 2025, 02:41:10 pm »
Quote from: Raykay on December 02, 2025, 02:30:20 pm
Quote from: FuzzyDuck on December 02, 2025, 12:26:28 pm
So you won't be getting a disqualification, you will be getting your licence revoked (totally different process). Which will require you retake both parts of the driving test again.

The probationary period for new drivers only applies after they qualify, if the OP was given the 6 points as a learner, they do not count for revocation - Road Traffic (New Drivers) Act 1995.
The Act applies when "the penalty points to be taken into account under section 29 of the Road Traffic Offenders Act 1988 on that occasion number six or more;"

In the OP's case the relevant points will number nine, so yes, his licence will be revoked.

The points accrued as a learner most definitely do count.

15
The Flame Pit / Re: Advice on collision with Virgin Media/O2 van in private car park
« on: November 30, 2025, 11:49:33 am »
So both vehicles were reversing, and the CCTV footage will presumably confirm this.

It appears that neither driver was exercising due care. Why do you think the insurers will apportion blame to the van driver, rather than 50/50?

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