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Messages - Southpaw82

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1
The Flame Pit / Re: Scratches after Tesco self wash
« on: Yesterday at 06:34:18 pm »
Are those the only two options?

2
I think that since no calibration is legally required it won’t amount to a defence (or even a defense).

3


My understanding is that for service to be valid at a "last known address" (if this in fact becomes the prosecution's defence), the claimant must have been unable to ascertain a defendant's current residence; I'm not confident this can be true given the number of public records which refer to my current address.


When a NIP and/or S172 request is to be sent to the Registered Keeper, the "last known address" is taken as that shown on the DVLA record at the date of the (alleged) offence. In most cases that is correct.

The police are not required to trawl other records on the off-chance that it might be wrong, and in any case it would be impractical. The DVLA record ties a particular individual to the vehicle in question. There may be many others with the same name, e.g. John Smith, and no easy way to know which John Smith's new address they are seeking.
Which is all very good, but irrelevant if the OP wasn’t the RK. That being said, the fact that he uses “claimant” rather suggests that he is confusing criminal and civil procedural rules.

4
None of this solves the current legal issue of holding no insurance at this point, but if Saga were to admit they made an error, they can confirm cover was actually in place at the time, giving you a defence.
If no cover was actually in force at the time, does a retrospective acceptance of cover provide a defence (i.e. the accused cannot be convicted regardless) or just provide an excuse for the prosecution to withdraw the charge on the grounds of the public interest test no longer being met? There is a difference.

5
Apologies NewJudge for the 'dumb' rating - fat fingers and now I can't undo it!
You’re fired! 🤣

6
And?

7
Speeding and other criminal offences / Re: Slip error
« on: April 16, 2026, 09:10:40 am »
The conditional offer doesn’t need to state your speed, so the fact that it doesn’t is irrelevant.

8
Non-motoring legal advice / Re: bt openreach damaging property
« on: April 15, 2026, 07:11:40 pm »
Quote
Civil Procedural Rules allow the Defendant 90 days from receipt of the statement of claim (Claim Form) to investigate and reach a decision on liability.

That’s a new one on me. I’d like to see them ignore a claim form for 90 days.

9
Saying it was the court’s “failure” implies that you were entitled to be sentenced at the fixed penalty level. You were not. Rather, the court exercised its discretion not to do so. You are asking for that discretion to be exercised afresh.

10
Speeding and other criminal offences / Re: Slip error
« on: April 14, 2026, 10:32:04 am »
You’re essentially entering into a “battle of the experts”. While your data is evidence, the court may feel that it requires an expert to explain the meaning of the data to the court. I would imagine that the prosecution will also want to deploy an expert to show that the reading obtained by their device was correct (and potentially an expert to rubbish your evidence). That gets expensive very quickly.

11
Non-motoring legal advice / Re: Bollard badly positioned.
« on: April 11, 2026, 12:47:47 pm »
No.

12
Not having your licence on you isn’t illegal. Not presenting it when demanded is. So in that respect “not having your licence” can be illegal.

I suspect that your version of respectful and the officer’s may differ.

13
Strobes: you admit you should get done - and you called attention to yourself.

Plate: you seem to admit the offence. “I’m going to get it fixed” isn’t a defence.

Eyesight: sure, challenge it - but it seems unsurprising that he believed what was on your licence.

Maybe have a look at “the attitude test” - might save you more hassle (on top of making sure your car is legal).

14
I’m not surprised that the magistrates court said it couldn’t help, since it is different to, and inferior to, the Crown Court. The Crown Court was exercising civil jurisdiction - not criminal - and IIRC the civil rules on costs follow, namely costs normally follow the event and ability to pay is irrelevant.

15
Regardless (or irregardless if you want to be American) of how many times you ask the question, the answer won’t change. Is it fatal to the prosecution case? No. Might the police drop it because it’s too hard? Yes.

You want advice. You have it. Don’t argue with it.

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