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Messages - Southpaw82

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1
Speeding and other criminal offences / Re: Drove 1.5 seconds after a red light - 1st time
« on: Yesterday at 10:33:51 pm »
Quote from: lightisblueandred on Yesterday at 10:17:55 pm
No to what?

You posted “ is there anything i can do for this to be a red light course”. I responded directly below with “no”. The meaning is entirely obvious.

2
Speeding and other criminal offences / Re: Drove 1.5 seconds after a red light - 1st time
« on: Yesterday at 09:24:35 pm »
No.

3
The Flame Pit / Re: How to upload my PCN and images
« on: January 18, 2026, 04:54:09 pm »
Don’t tell him, Pike!

4
The Flame Pit / Re: The need for a Higher Tribunal
« on: January 18, 2026, 11:42:11 am »
Presumably it would require legislative change to either create an appellate tribunal or direct appeals to the existing Upper Tribunal.

5
Speeding and other criminal offences / Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE CARE AND ATTENTION
« on: January 18, 2026, 11:40:52 am »
Quote from: oldguy69 on January 18, 2026, 11:04:06 am
Thank you for all the replies.
So does it look like he will have to pay the fine and receive points rather than to plead his case in court?
I don’t think anybody said that. At the moment, all he has is a traffic offence report. He needs to wait and see what the police do next (nothing, an offer of a course, a conditional fixed penalty offer, or prosecution).

6
Speeding and other criminal offences / Re: ISSUED WITH TRAFFIC OFFENCE REPORT FOR DRIVING WITHOUT DUE CARE AND ATTENTION
« on: January 17, 2026, 06:06:05 pm »
What makes you say “without any evidence”? The police officers will have seen the location of the vehicle - a vehicle leaving the road and hitting an object is prima facie evidence of careless driving. Was your grandson interviewed at the scene? If he’s prosecuted he will see the evidence the police are relying on.

7
The Flame Pit / Re: PCN appeal accepted - my concerns about potential fraud - infra red V daylight images, cloning
« on: January 16, 2026, 11:06:31 am »
What is a “PCN business”?

8
Speeding and other criminal offences / Re: Caught without third party insurance
« on: January 15, 2026, 06:19:41 pm »
Quote from: sparxy on January 15, 2026, 05:27:52 pm
Quote from: Southpaw82 on January 15, 2026, 03:31:58 pm
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

Interesting, but if the business policy was to cover any vehicle, and OP would have been covered at the time regardless, surely OP would then be not guilty?

It's a matter of contractual construction. If the insurance contract did not cover the use at the time, the fact that the insurer extra-contractually says that they would have covered the risk does not invalidate the offence. Until the OP knows what the contract covered at the time, as distinct to what the insurer might have paid out on as a matter of discretion, the question is up in the air.

9
Speeding and other criminal offences / Re: Caught without third party insurance
« on: January 15, 2026, 03:31:58 pm »
There is case law that says if no cover is in place at any given time, the defendant is still guilty of the offence even if the insurer “backdates” any cover.

10
Non-motoring legal advice / Re: not paying for fuel
« on: January 14, 2026, 09:30:03 pm »
Quote from: lateman on January 14, 2026, 09:22:34 pm
Quote from: andy_foster on January 13, 2026, 09:53:44 am
There is no legislation that allows them to issue a fine or penalty. You would be looking for a very, very long time if you tried to find it.

you're certain of this?  they wouldn't be able to successfully sue me in court for a penalty if i paid the Ł24.24 for the diesel?

That’s not what Andy said.

11
Non-motoring legal advice / Re: not paying for fuel
« on: January 12, 2026, 08:16:17 am »
Quote from: Dave Green on January 12, 2026, 03:21:20 am
Quote from: Southpaw82 on January 11, 2026, 06:38:54 pm
Quote from: The Slithy Tove on January 11, 2026, 04:09:16 pm
And you can't transfer a debt without both parties (Morrisons and Pay My Fuel) contacting the alleged debtor stating this
Are you sure?
The Slithy Toad is partly correct.
As are you.

12
Non-motoring legal advice / Re: not paying for fuel
« on: January 11, 2026, 06:38:54 pm »
Quote from: The Slithy Tove on January 11, 2026, 04:09:16 pm
And you can't transfer a debt without both parties (Morrisons and Pay My Fuel) contacting the alleged debtor stating this
Are you sure?

13
Non-motoring legal advice / Re: not paying for fuel
« on: January 11, 2026, 01:56:53 pm »
If they’re writing on behalf of Morrisons then it seems that the debt remains due to Morrisons and not PMF. So, PMF have no legal right to pursue anything in court.

If you think the debt is due, you could simply pay it (not the “penalty”) and they’d be faced with somehow trying to sue you to recover unspecified debt recovery costs for a debt you’ve already paid.

14
Speeding and other criminal offences / MOVED: not paying for fuel
« on: January 10, 2026, 11:14:15 pm »
This topic has been moved to Non-motoring legal advice.

https://www.ftla.uk/index.php?topic=9447.0

15
Speeding and other criminal offences / Re: Drink and Drive 57 mg
« on: January 09, 2026, 07:14:48 pm »
Probably not. If you refuse a breath test you get charged with failure to provide (the punishment for which is often as bad as drink driving). If (and only if) the police think you have a good reason not to give a breath sample will they offer a blood (or urine) test instead. The story you were told is poor advice (and too late for you).

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