beal

iTrader: (1)

My gf once had a ford fiesta,she got a speeding ticket through the post.
It described that she'd been caught on camera for speeding in chesterfield(we lived in sheffield)
I recalled that i had the car that day,so she went off blaming me but ii was'nt in chesterfield.so i phoned them up and had to go to th HQ in chesterfield they showed me the footage and it looked identical!!!
But after closer inspection there was a AA sticker in the back window,which hers didnt have.it had been cloned.
They checked out her car to see if it was the real one and off we went,no fine!!

DazW

iTrader: (1)

@ 27mph over the limit, they're not gonna just drop it that's for sure ...maybe 5-7mph, but @ 27mph you're definately going to have to go to court regardless of whether it was your car/ you were the driver

& you'll struggle with that one too ...afaik their only requirement is to send it within 14 (working) days ...not for you to recieve it (& they normally cover themselves with a postage receipt these days)

tbh you'll struggle infront of a magistrate if you haven't got any proof that it wasn't you. Got any reciepts for that day (coffe shop/ news agents/ pub)? use any public transport & kept the ticket? used a cash machine & got a receipt? was a garage fitting the replacement fuel pump, can they vouch for you?

Probably not the best phrase to use

This is your only chance imo, go over that photo with a fine tooth comb & pick out the tiniest difference (you might want to go & view the actual photo they have, rather than the cr4ppy copy they send out) ...you've got unpainted skirts/ rear skirts? where's the brake light in your spoiler? any dealer decals in the rear window? standard seats? detango'ed anything? you should be able to view all these ...take a similar photo of your's & compare them side by side ...if it's not your's you'll find something

If you can't find anything then it probably is your car & a. you've got your dates wrong or b. they've got theirs (check the photo! )

Good luck

ps ...drop the defensive attitude when you get to court, they wont like it

subarujimmy

iTrader: (3)

If you have a tracker on it, see if they can see if it was moved on that day???

Just an idea.

urdad

Ash and Ginge cheers parts of this post have put me in mind of Cleuseau vs kato..
Ash the police have heard them all b4,good luck anyway.
As with the nip they only have to prove it was despatched with 14 days,I'm pretty sure they will be able to do that,the onus really falls on the driver as usual,prolly the worst criminals this country has ever seen either that or the easiest to catch..........

ash002004

iTrader: (1)

ginge......u make me laugh. couldnt care less where ur from or where u work, im from bedford so thats not a problem. And iv only replied to u like u did as u didnt have to give me such a shi**y post in the first place. I asked for everyones views on this and to make people aware, not for what people thinkg theyre gonna say in court, god i know that off the back of my hand iv bin in there enough times, not for driving offences though.

Couldnt of got my dates wrong, as i only use my car 3 days a week to go to college in corby, monday tue n wednesday. I meet my missus from outside her work every thursday without fail when she finished @ half 3pm, there is even a camera bang infront of my work, which is bang opposite the police station. I will even have myself on camera at work on video, when i come to meet her, so i also have that evidence, also any of the twelve people in that building at the time can vouch for me.

The car was definitely un-runnable, as the car has only been fixed since the friday before my mot, which was the 14th june, so the cars been running since then. Prior to that date, it had been out for about two months. car unfortunately wasnt fixed at a garage too officially prove so. it was fixed by my g/f's stepdad, who does work on all our cars. i do guess though he can vouch for that aswell.

yes i will be under oath in court, but do u think im lieing?? i wouldnt come on here announcing it to britain if i was. i dont need to lie about things!!

its jus so frustrating as i know blatantly it aint my car. plus as i said before......nothing on my plates but the letters/numbers, no silly little codes or anything.

my cars standard from the back so it looks like any other on the photo.

ill happily take it to court, i have plenty of witnesses to prove my innocence, so doesnt really worry me. jus thought id arise the issue on here!

thanks all for joining in the discussion though

ash002004

iTrader: (1)

by the way it wasnt a fixed marked gatso camera, it was one of those poxy vans parked @ side of road apparently

superstar1

Thats interesting, i got a letter from Transport for London serving me notice of a fine because my car was seen in a bus lane in Mayfair or somewhere. So i rings the number on the letter and tried to explain that my car at the time was only six months old and had never been out of Lancashire. Trouble is they could barely speak English so i wrote a letter stating that i was just a thick cloth cap wearing northerner with ten Whippets in tow and one Ferret down my trousers and i did not hold a passport to travel all the way to London and i never heard from them again.

fivetide

iTrader: (1)

You G/F and her step dad are not independent witnesses so you can't rely on them.

Sorry to say if you can't prove it isn't your car you are going to get done for it, especially given the speed involved. Personally i didn't think ginge's post was out of oder, it certainly didn't warrent they reply you gave him.

Also with no numbers on them there is a big chance your plates are illegal and the car shouldn't have pssed the MOT. Ginge is right there too...

5t.

THE BRITISH STANDARD

The British Standard sets out the physical characteristics on the number plate. This includes:

Visibility
Strength
Reflectivity

The British Standard also requires that a number plate must be marked with the following information: -

The British Standard Number (currently BS AU 145d)
The name, trade mark, or other means of identification of the manufacturer or component supplier. (The company who actually make the number plates.)
The name and postcode of the supplying outlet. (The 'supplying outlet' is taken to mean a company whose business consists wholly or partly of selling number plates.)
A non-reflective border and the Euro-symbol with the national identification letters are optional additions.
There shall be no other markings or material contained on the number plate.

ash002004

iTrader: (1)

my reply to him was so full, because what he ended his post on......"it WAS ur car, wether u were driving it or not"

i can prove in court it wasn't me, i have witness and camera evidence with real time on the footage.

when it comes to as to wether it was my car or not, i cant really prove it. even though I, and everyone i know, know it wasnt my car due to its state at the time, i do know that its gonna be a job protesting that fact in court

i just wish now that i had the bloody thing towed to the garage rather than my house. it would of been in the garage, id of been paying for storage while it was being repaired/out of a driveable state, and the garage would of proved that. gutted!

as to number plates, now ive come to think of it, none of my cars have ever had any other codes or digits on the plates, just the registration itself. and they have always flew through mots at over 20 garages that iv used and havent heard a thing about that. if anything ever is on my plate its always come from ct autoparts or wilko.s, and all that says is the name of the company! no codes, digits, nothing

20withascooby

i got no numbers on my plates checke earlier cars a 94wrx thought was was only for cars 2000>>>

SunnySideUp

Is it possible that your GFs Stepdad took it out for a 'test drive'? Maybe the faulty pump caused the well known fuel surge/starvation and its speed shot up by a faulty pump?

20withascooby

is this illegal then got a picture border smaller size writing under registration

20withascooby

mine went thru mot with no numbers on the plate put a AA sticker in window say look mines got a sticker or change your wheels lol

exvaux

iTrader: (1)

if the police in your area are **** they will have the plates confiscated if they think your taking the p***

20withascooby

had it on for months had no problems yet i no its illegal was a joke i have the big one under my carpet ready to change over but police seem nice around here never had any problems with anything

chocolate_o_brian

iTrader: (22)

why not just put the normal plate on

i mean you havent got a front mount, so the smaller plate serves no purpose really

20withascooby

looks better then the big square thing i had on there before may have a front mount on the way

chocolate_o_brian

iTrader: (22)

just dont travel far then, otherwise other bobbies may not like your plate

20withascooby

use it everyday go everywhere they look but dont do anything they all seem so happy lol just waiting till find a picky arsehole one

mal_howarth

If your plates are totally unmarked check the ones in the photo to see if they have anything.

If they are the same it could be another nail in the coffin so to speak.

bmfcrash

iTrader: (14)

Just out of interest, do you have a clean licence or have you some points already?. I dont know if a Court take this into consideration, but if another endorsment will take you upto 12 points then they will think you are trying to get out of a ban.
Hope it pans out eitherway and for everyone else, make sure you mod the backend of your cars !!!!.

fivetide

iTrader: (1)

Ok you asked for the legal point of view and i gave it to you. Whether you have hot away with it or not the fact is your plates are not legal. You complained at the start of the thread about internet plates being available with no V5 etc. That's why the law changed any number plate supplier has to put their postcode on it and you must show ID/V5 to get it. My own plates are illegal as they are blue/silver with SCO and a Scotland flag, the point was you were smart with Ginge when he was technically right. I do have a spare 'legal' set in the house by the way.

You've also struck the nail on the head. Your first post says it is going to court for failure to provide. As the law stands it matters not a jot if you were porking the queen and she would be happy to say so. You need to show it isn't your car otherwise as the legal owner you must say who was driving. If you can't or won't you will still get the points as the law changed to stop the "it wasn't me" defence.

I do find it strange that you say in this thread there are loads of cars exactly like yours in the area though when you say " i am from a little village in northamptonshire, and me being the only one with a scooby in my town, then maybe seeing 1 if im lucky two, a week driving around other places"

https://www.scoobynet.com/scoobynet-...exhaust-2.html

5t.

Ginge !

iTrader: (1)

mate if you post up the pics of your car and scan the photo of the "clone" i bet i could tell you if there road legal plates or not

plates bought BEFORE 2000 again unless at a show WILL have the name of the factor/garage on it generally

have a look about, ive yet to see GB plates on cars that aint got the GB mark that your plate has you mention

i work in the car game, i deal with motorfactors/garages/supplyers ect ect ect so i know what im talking about mate

im trying to be polite and give you a heads up INCASE you are mistaken/no totally true

and as for saying " why would i lie and post on the internet ",,,, HOW MANY PEOPLE ON THE INTERNET ACTUALLY TELL THE TRUTH ABOUT ANYTHING ?

i get people lying to my face and us the term " why would i lie about this",,,,,, and i agree WHY would they lie,,, yet i ****ing KNOW why they aint been to work/ heard about what they was upto the weekend

oh and went you go to court look OVER there head and NOT to the right when talking to them and not to the left when answering a question,,,,, and if you are thinking of a answer dont scratch your nose and all of these are signs of someone whos not being truthfull with there reply

just like if anyone steals and theres a investigation about it THEN someone comes in wil pastrys/chocolate fingers,,, the ones who feel guilt will not eat due to there mind on other things,,,,,, even if they aint guilty of that you will discover who the inocent staff are though

yes i have trust issues

andy97

iTrader: (1)

You are incorrect with your assumption that it only has to be posted. Read The RTOA 1988 and RTA 1988.

The NIP must be served- that means received within the 14 days. The police could use registered post, but dont, due to it costing so much. Instead the police use first class, there is no proof of delivery, so this creates a rebuttal argument.

Hope this clear this point up for you.

Andy

andy97

iTrader: (1)

="fivetide"The law hasnt changed, you can still use subsection 4 SEC 172 defence. Its the penalty which has increased, from 3 points to 6 points for failing to furnish charge. The points have increased to deter drivers from using this defence.

Andy

20withascooby

mines 94 wrx went thru mot with plates on guy from vosa didnt say anything and been pulled over many a time nor have police

fivetide

iTrader: (1)

cheers andy. knew there had been a change. basically same points etc as the speeding offense so now makes no difference. with something like this i'd say it is a 6 pointer.

20withascooby: good for you.

5t.

ash002004

iTrader: (1)

nah my g/f's stepdad couldnt of took it out, i always have the keys on me and the car key is on the set that my house keys are at. my car was outside my g'fs at them time without a fuel pump, didnt buy the replacement uprated one and ft it til 13th june, ready for its mot the next day

ginge thats cool. and i appreciate your support, my reply to u the other day was harsh but i was in such a mood and took u the wrong way!

as with the lieing, im honest on here, here and ebay im as honest i can be, iv sold and bought alot of things on here, built up trust with members, never received money for a part and not sent it, etc. i am honest though. i posted on here to see if anyone else had been through this

im only 23 but im still not too proud to ask for advice! lol, and with the "looking right or left" thing ginge, ur right, lol. i studied phsycology when i first went to college and can tell if someones lieing to my face right away.

the "imagination" part of the brain are front left and right, which causes people to train their eyes to the sides when lieing, as they look to that part of the brain, looking down in more sincere and straight in the eyes when lieing u have to be bloody good at, lol. never thought of looking above their heads though.

im jus gonna go into the court and tell them how it is. hopefully setting up a meeting with a solicitor tommoro, to get this sorted. its in the polices hands now as iv replied to them, so havent received a summons to court yet so gonna build up a case as soon as i can

and the person who commented on me living in a small town in northants and not seeing any, northants is a big place, my town isnt. i have to travel to all corners of northants and bedfordshire, buckinghamshire for college, work, friends, socialising, so seen plenty that look like mine. there are alot of enthusiasts that keep their cars standard in this area and as i havent modified mine much then i can compare to the other green ones. In fact havents seen any green ones much more modified than standard, only distinguishable by different wheells or the low or mid wrx and sti spoiler. almost as if no1 wants to mod green classics, lol

thankyou all for your comments though. hopefully this thread would help someone sumtime shud it happen to them

DazW

iTrader: (1)

You sure Andy?

Section 6 of Schedule 9 Criminal Justice and Public Order Act 1994 inserted s/s 1(A) into Section 1 Road Traffic Offenders Act 1988:

Criminal Justice and Public Order Act 1994 (c. 33)

(3) In section 1 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (which requires warning of prosecution for certain offences to be given), after subsection (1), there shall be inserted the following subsection—

“(1A) A notice required by this section to be served on any person may be served on that person—
(a ) by delivering it to him;
(b ) by addressing it to him and leaving it at his last known address; or
(c ) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.”

andy97

iTrader: (1)

Originally Posted by andy97
You are incorrect with your assumption that it only has to be posted. Read The RTOA 1988 and RTA 1988.

The NIP must be served- that means received within the 14 days. The police could use registered post, but dont, due to it costing so much. Instead the police use first class, there is no proof of delivery, so this creates a rebuttal argument.

Hope this clear this point up for you.

Andy


Road Traffic Offenders Act 1988 (c. 53)


Requirement of warning etc. of prosecutions for certain offences
(1) Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—
(a) he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
(b) within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or
(c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—
(i) in the case of an offence under section 28 or 29 of the [1988 c. 52.] Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
(2) A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.
(3) The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.
(4) Schedule 1 to this Act shows the offences to which this section applies.



In 1994 the law has been amended to allow the police to send the NIP by First Class post.

If you look up the definition of served in the interpretation act.

Andy