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Messages - Dave Green

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1
Non-motoring legal advice / Re: not paying for fuel
« 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.
The debtor must be contacted to inform them that the person or company that the money is owed to has, or is going to be changing although there is nothing in the relevant legislation that states that both the original creditor and the creditor that the debt is being transferred to must separately inform the debtor.
This is covered by fairly old legislation (section 136 of The Law of Property Act 1925).

https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/136

The requirement for the notification is to stop both the original and the new creditor continuing to attempt to recover the debt.

2
Civil penalty charge notices (Councils, TFL and so on) / Re: Congestion Charge Notice - Minories
« on: December 19, 2025, 09:49:41 pm »
Quote from: Incandescent on December 19, 2025, 07:01:57 pm
Were you going to an emergency or not ? We don't allow 'porkies' on this forum, sorry.
In the now edited opening post, ipsi clearly stated that they didn't have an emergency appoingment booked at the hospital and said this to TFL simply to avoid having to pay the penalty.

3
The Flame Pit / Re: Has the world gone mad?
« on: December 18, 2025, 07:23:02 pm »
Quote from: Brenda_R2 on December 12, 2025, 06:18:01 pm
SURELY?
$779 million seems a tad excessive?

There's not a chance in hell that the family will get anywhere near to the figure that was awarded.
The owners of the business will hopefully have liability insurance which will probably be for a maximum of a few million $ and the owner of the business could have his personal financial assets seized and once all of the lawyers have had their cut, the family will get whatever is left.

There is also tax to consider.
Damages in the US are generally made up of two parts, actual and punitive. Actual damages (such as medical bills, loss of income etc) are not taxable but punitive damages (which are designed to punish the guilty party) will probably be taxed so some of the money the family do receive may well go to the IRS.

4
Speeding and other criminal offences / Re: Drink and Drive 57 mg
« on: December 18, 2025, 03:05:26 pm »
Quote from: Prakasva on December 17, 2025, 11:19:10 am
Will it impact travel to USA. I have plans to go in 2026 or 2027.

here is the current official line from the US government:
https://www.help.cbp.gov/s/article/Article-1409?language=en_US

Quote
Entering the United States with DUI offenses

A single Driving Under the Influence (DUI) conviction is not grounds to deny entry into the United States. However, a criminal offense may be a factor in whether your application is approved by U.S. Citizenship and Immigration Services (USCIS). Multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.

5
Speeding and other criminal offences / Re: Caught both ways (HGV)
« on: December 07, 2025, 12:28:05 pm »
There are at least 4 street lights in the section of road concerned but on Google earth, it's hard to calculate the exact distance between them to see if they are compliant with the minimum legal spacing requirement for a restricted road without repeaters.

6
The Flame Pit / Re: Expecting a ban on Totting Up - How to find a good solicitor?
« on: November 19, 2025, 08:52:35 pm »
Quote from: BadDriveroo on November 19, 2025, 01:34:03 pm
Then stopped same day for having my phone in my hand by a passing patrol car, not using it but that's irrelevant.
You need to say exactly why the phone was in your hand at the time you were seen.
Edited because I missed your explanation before I posted.

7
Speeding and other criminal offences / Re: Using Phone whilst not driving! - Please Help
« on: November 13, 2025, 04:33:28 pm »
I know the following link is only government advice and not legislation but if your case went to court, the magistrate may well consider it when making a ruling:

https://www.gov.uk/using-mobile-phones-when-driving-the-law


"It’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.

This means you must not use a device in your hand for any reason, whether online or offline.

For example, you must not text, make calls, take photos or videos, or browse the web.

The law still applies to you if you’re:

stopped at traffic lights
queuing in traffic
supervising a learner driver
driving a car that turns off the engine when you stop moving"

8
Speeding and other criminal offences / Re: Alleged 40mph in a 20 + Wheelies and Weaving
« on: October 18, 2025, 02:13:49 pm »
Quote from: DWMB2 on October 18, 2025, 01:53:33 pm
I'm not sure the OP has continually denied committing the offence...

Quote from: tyronejiggles on October 16, 2025, 05:23:02 pm
I do not believe I was speeding and definitely not pulling any wheelies and contest all allegations
It's in bold as that's how the OP wrote it.

Quote from: tyronejiggles on September 17, 2025, 10:01:15 am
@NewJudge
Unsure, but definitely not 40mph.

Quote from: tyronejiggles on September 13, 2025, 12:14:50 pm
Contesting the "Without Due Care" Charge:
I deny the allegations. I will be pleading not guilty on the basis that I was not riding in the manner described (no wheelies or dangerous weaving).

9
Speeding and other criminal offences / Re: Alleged 40mph in a 20 + Wheelies and Weaving
« on: October 18, 2025, 01:40:52 am »
There's one thing that doesn't make any sense to me.
You have continually denied committing the offences yet you have stated:

Quote from: tyronejiggles on September 17, 2025, 10:05:07 am
I've since upgraded my license from A2 to A around 2 months ago in order to improve my skills and awareness as a result of this offence

Why would you feel the need to improve both your riding skill and awareness "as a result of this offence" if you are so sure that you didn't commit the offences?

10
Civil penalty charge notices (Councils, TFL and so on) / Re: False Council Claim
« on: October 04, 2025, 11:25:54 pm »
Quote from: H C Andersen on October 04, 2025, 10:28:33 am
OP, from the Blue Badge booklet issued with each BB:

How to display the badge

You must display the badge on the dashboard or facia panel, where it can be clearly read through the front windscreen. If there is no dashboard or facia panel in your vehicle, you must display the badge in a place where it can be clearly read from outside the vehicle.

Whilst that is certainly correct, the wording on the actual badge itself differs from what is stated in the booklet.

"This badge should be displayed at the front of the vehicle. It needs to be clearly visible so that it can be checked".

and having the badge and clock on the sun visor does comply with what is stated on the badge.

11
Civil penalty charge notices (Councils, TFL and so on) / Re: Car reg got cloned, Met won't issue crime reference number, Lambeth Council won't cancel PCN without one
« on: September 11, 2025, 11:52:54 pm »
Quote from: motorn1by2 on September 11, 2025, 08:17:06 pm
the office on the phone told me that car cloning was technically not a crime and a crime reference number could not be issued.

Not a crime?
I would have thought that Section 2 of the Fraud Act covers it perfectly:

https://www.legislation.gov.uk/ukpga/2006/35/section/2

Quote
2 Fraud by false representation
(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

12
Civil penalty charge notices (Councils, TFL and so on) / Re: Havering - Notice to Owner following rejected appeal of PCN attached to vehicle
« on: August 06, 2025, 07:21:41 pm »
Quote from: roythebus on August 06, 2025, 05:39:29 pm
If it's no loading at any time, how do the bins get emptied?
I'm not sure if this is the correct part of their parking reg's but if not, I'm sure they will have it covered elsewhere:


13
Speeding and other criminal offences / Re: Conditional Offer Fixed Penalty Use of Handheld Mobile Phone/device while driving
« on: August 06, 2025, 10:24:57 am »
Quote from: subs187 on August 05, 2025, 04:21:38 pm
so wanted to check I did not use the phone to make calls or text etc so is an offence still committed even if you pick up a phone to place on charge. The officer said he would note down that I was putting the phone on charge
Since the relevant legislation was amended, the term of using the phone doesn't only mean making calls or texts.
Simply illuminating the screen is enough to qualify so if you had to do this to check the state of charge of the battery, you were using your phone.

14
Civil penalty charge notices (Councils, TFL and so on) / Re: Redbridge - 53J - term time only sign
« on: July 28, 2025, 07:39:56 pm »
Quote from: stamfordman on July 28, 2025, 05:58:05 pm
Ah yes but 17 July is holiday time in my book and even if it wasn't the signage is defective at any time.

Am I missing something as the link provided to the terms dates:
https://www.redbridge.gov.uk/schools/term-dates/
shows that the date of the offence (17th July), was in term time:

Quote
Summer Term 2025
Tuesday 22 April 2025 to Tuesday 22 July 2025

Half term break - Monday 26 May 2025 to Friday 30 May 2025

15
Civil penalty charge notices (Councils, TFL and so on) / Re: notice to owner (ealing)
« on: July 17, 2025, 10:22:48 pm »
There's something wrong with your timeline.

Quote
I saw this vehicle advertised in autotrader on 28th june ,contacted the advertiser and agreed to come down to london on  Monday 30th.
...........
sent off the V5 ,section 4 was signed and dated january 25

The date the V5 was signed obviously wasn't January 25th but neither could it have been June 25th.

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