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Messages - andy_foster

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1
The offence is failing to comply with the instruction given by a prescribed sign not to proceed past that sign in those lanes. You admit that you did. The photos show that you did,
The offence is not "failing to make some kind of effort to move over to lane 4 before passing the signs", and as such whether or not the photos show you indicating has no bearing on whether the offence was committed.


2
Send three and fourpence, we're going to a dance!

Quote
Hi, hopefully I’ve posted this in the right place!

I'm currently unsure why you've posted it at all. Both because it's second hand info (and therefore likely to be vague and partially incorrect), and because its second hand info (and is vague and incorrect.

Council/Tfl tickets generally go in the council forum.
Wider DVLA issues would presumably go in the "non motoring legal advice" forum - because it doesn't fit in the other specific motoring law forums.

Quote
However, now there been fine through the door every single day or what the real owner has been racking up (probably around 3 grand now, no exaggeration).

According to you:
The garage f*cked up.
You've complained to the DVLA who have said that they are unable to contact the garage and can't do anything without contacting the garage.
You're planning on escalating the complaint to the DVLA on the basis that if you complain again, they might change their stance?

So far, you have made no mention of you (or your friend) attempting to contact the garage yourselves. If you need to be told to do this, you need to be taken out and shot! If you have already done this, but decided not to trouble us with the details, you need to be taken out and shot!


3
If you tot up to 12 (or more) relevant points (assuming that you had at least 3 current points when the offences were committed, The court is required by law to disqualify you for at least 6 months, unless it finds that such a ban would cause excessive hardship (to you or others). The court is not allowed to take into consideration anything that makes the offences seem less serious - simply whether or not the ban would cause exceptional hardship.

It would seem that your argument as to why a ban would be far harsher on you than other people totting up is that due to your austism and OCD you are unable to undertake alternative work. As the hearing is in 8 days time, I assume that you already have documentary evidence of your conditions, and a letter from an appropriate medical professional to that effect?

If you are banned, the ban will have immediate effect - so don't rely on being able to drive home from the hearing.

4
The Flame Pit / Re: site layout and appearance
« on: September 29, 2026, 12:22:43 am »
There's a "magnifying glass" icon for searching on the right of the big title bar that says "Free Traffic Legal Advice" on the left, then a huge search bar in the middle of the title bar that says "Search..." with a magnifying glass icon at its far end, and then on the left of the cluster on the right you'll find the magnifying glass icon I first mentioned - to the right of the huge "Search" bar in the big title bar at the top of the screen.

Immediately below the big title bar at the top of the screen, with the huge "search" bar in the middle, there is a tool bar with Icons (and descriptions) for "Home", Search", "Profile", etc. "Search" is immediately to the right of the "Home" icon. This is a slightly more advanced search function than the one in the big "Search" bar in the middle of the title bar.

5
There are 2 separate legal issues - the s. 172 requirement and whether or not the apparent failure to serve a NIP on the RK within the 14 days is a bar to prosecution for the speeding offence.
There are also 3 logistical issues - how the notice came to be sent to the "wrong" address, how the delay affects potential disposals, and the fact that we do not discriminate - I am as happy to ban able posters for posting rubbish as I am disabled posters.

The s. 172 requirement to name the driver applies from when the notice is served by being delivered to the addressee's "last known address". It requires the required information to be provided within 27 days of the date of service (presumed to be 2 working days after posting by first class post). There is a defence if it was not reasonably practicable to provide the information within that time and the information was provided as soon as was reasonably practicable afterwards. Whether or not you have a defence to the speeding allegation, has no bearing on the validity of the s. 172 requirement - you still need to name the driver, as soon as is reasonably practicable.

For practical purposes, it is unusual to be prosecuted for naming the driver "late" unless the 6 month limit for instigating proceedings for the speeding offence is rapidly approaching, but on the face of it you appear to have a reasonable "not reasonably practicable" argument.

A speed awareness course would generally be offered for that speed - if the s. 172 response admitting to being the driver is processed within 3 months of the date of the speeding offence.

The police get their information from the PNC which is updated from the DVLA overnight - so absent some major snafu, if your details were held by the DVLA as RK for that vehicle and that VRM the day before the police looked up the keeper details, they would have gotten your details. They would only contact a previous keeper, or search the insurance database, if no current keeper details were shown.

It is rare for the leasee of a leased car to hold the V5C. What is the date after the DocRef. No. at the bottom of page 2 of your V5C?




6
Read this!

It might not directly answer any of your questions, but it should reduce the chances of your thread being closed by a bad tempered moderator!

7
The truth is the first casualty of modern journalism.

8
Strangely enough "same occasion" as in "multiple offences committed on the same occasion" has a different meaning to single continuous offence. Who knew? Apart from anyone who read SouthPaw's post earlier in this thread, obviously.

9
The Flame Pit / Re: Just trying to get my head around ANPR private car parks
« on: September 19, 2026, 03:16:01 pm »
What makes you think that there are rules?

10
Struggling to see how the timings of the photos determines the spacing of the cameras.

11
Speeding and other criminal offences / Re: 26mph in a 20mph – first NIP
« on: September 16, 2026, 06:16:43 pm »
Unless I've missed something fundamental here.

No. You have saved the OP from unnecessarily having to read the "READ THIS FIRST" sticky at the top of this forum. Gold star.

12
Taking what the DVLA say at face value, they (the DVLA) do not have any separate record or log of the endorsements applied, other than the drivers' records on the database itself.
Accordingly, it seems to be a bit of a leap to assume that the court in question has a log of the data entered into the DVLA's system (ignoring that anyone designing such a system without a journaling log needs to be taken out and shot).

We appear to have established beyond any reasonable doubt that the manual process of entering the endorsements into the system is entirely within the court - so regardless of who within the court and how, the court f*cked up!
We can establish that the endorsement was applied to the OP's licence (variously screenshotting the DVLA's website, third party access codes, and the court having it's own independent access.
The court have already stated that they can find no record of any listing or conviction regarding the OP or them ordering and endorsement against the OP's name or licence number.
Accordingly, it is incumbent upon the court to order the endorsement expunged - and they apparently have done so.

Prior to clarification of the process for applying the endorsements, the key issues were which body caused the error, and which body is responsible for rectifying it.

The wider principles of public justice would seem to require that the culprit be found and suitably punished. If you are applying the powers of the state to endorse someone's licence, potentially resulting in them losing their livelihood, being careless is utterly unacceptable. However, those who might be in a position to identify the miscreant might well be of the opinion that punishing people in the same position as them for carelessness is not desirable (aka closing ranks).


13
Speeding and other criminal offences / Re: 26mph in a 20mph – first NIP
« on: September 16, 2026, 02:28:59 pm »
before I respond I just wondered if there’s anything on the notice or about the circumstances that I should be checking, or whether it all looks pretty standard?

No

14
If we take what the DVLA said (possibly in the external thread NJ linked) at face value (that the court applied the endorsement directly via a remote link, and DVLA had no involvement in the process beyond it being their database) then the fault lay solely with the court, and the court appear to have agreed to resolve the matter. If and when this will happen, is another matter - although saying that they are going to send it today is promising.

Whilst we don't see many of these cases, they are probably the most frustrating as we are generally dealing with 2 intransigent public bodies who consider it not to be their problem, and we have limited understanding of the nuts and bolts of the process.

If anyone happens to have access to a tame magistrates' court legal advisor, it would be potentially very helpful going forward to understand as much detail of how the endorsements are currently applied as possible - from the court's perspective, as whilst I am more than happy to accept the possibility that the DVLA's explanation as to how it's absolutely not their fault could potentially be both true and accurate, I would consider it somewhat rash to take their account at face value without some form of independent corroboration.

If we can be certain that the court dropped the ball, other than asking them nicely to pick it back up again, or asking your MP to shout at someone, the legal recourse would still seem to be Judicial Review.

15
Thank you for the brilliant ... summary.

If it was a brilliant summary, why do you feel the need to ask questions that have already been addressed?

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