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 Post subject: Challenge the fine
PostPosted:Fri Feb 20, 2015 11:06 am 
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Big Block
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Joined:Tue Feb 23, 2010 12:40 pm
Posts:3245
Car Details:'79 Camaro, 350 V8
Location:South Bucks
In short, guy finds loophole in parking fines, based around the fact that the claimant cannot justify suffering any loss from a car being parked. Additionally, the processing fee for the DVLA to handle a fine is approx £2.40, no where near the cost of the fine which makes it an unbalanced / dispropotionate claim, making the fine also not enforcable. Good work that guy!

http://www.theladbible.com/articles/lad ... fines-back

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Challenge the fine

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 Post subject: Re: Challenge the fine
PostPosted:Fri Feb 20, 2015 1:04 pm 
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Big Block
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Joined:Sat Jun 28, 2014 6:55 pm
Posts:808
Location:Croxley Green, Hertfordshire
There is a difference between a penalty notice issued by a local council and backed by legislation and a fine issued by a private company, the council has the law behind them and are legally allowed to issue penalty notices backed by a court. Private companies do not have the force of law behind them and are using contract law instead to argue their case and issue a fine, that's all dandy but what people don't realise is that in order for the contract between you and the private company to be enforceable in law you have to , wait for it........ Sign a contract agreeing to their terms and conditions or admit liability, they are not and never have been enforceable in law as you don't sign a contract agreeing to pay and if you know the law you don't contact the company issuing the private fine concerning payment which is tantamount to admitting liability. It like me asking a member on Here for the £500 they owe me for the advice I gave them, they wouldn't pay because they hadn't agreed to it and I couldn't prove they had agreed in a court of law as I had no signed contract. Contract law and civil law are very different beasts. Gatso cameras have the force of law behind them and so are allowed to issue fined backed by law and enforce them in a court, mobile speed vans with "operating with herts police" do not have that law and are operated by civilians or civil servants so are not enforceable, there must be a police officer present to witness the offence or its all hot water and bluffing if this were not the case what is there to stop any one of us painting a transit van, getting a speed camera and issuing fines out willy nilly to everyone who does 1mph over the limit? Ask for the badge number of the police officer who was present and witnessed the offence and you will get "we don't give out personal details of police officers sir" which is bollocks as you asked for their badge number not their personal address and underwear colour. They don't contact you again after asking this one usually.
M Mobile speed vans also have to operate in accordance with the law so if parked on a grass verge, pavement or kerb MUST have the appropriate paperwork in place from the local highways authority to "close off" the public road or byway or part thereof they are blocking to perform their duties, otherwise they are breaking the law and operating illegaly anyway, this does not apply to a policeman in a uniform with a speed gun or any Gatso or gantry style fixed cameras which have different legislation. The new one if you had loaned your car to your friend bill at the time of the alleged speeding offence who has now returned to Transylvania is to try and Nick you for allowing someone to drive your vehicle without insurance(a fairly new offence designed to get around people who do this), It's not your job to prove he had insurance though and this is a play on words once again Trying to trap you into confessing to something or swallow the fine, so long as you can honestly say *clears throat* "of course I asked him if he had proper insurance in place before I loaned him my car officer and he assured me he had" you have not broken the law by "allowing"and offence, your responsibility is to not allow anyone to drive your car on the highway without insurance, that's where your responsibility ends , you are not responsible for checking the validity of anyone's insurance and so long as you haven't "knowingly allowed anyone to drive your vehicle uninsured" you have complied with the law and have nothing to worry about, it's all in the way you word your replies.

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 Post subject: Re: Challenge the fine
PostPosted:Tue Feb 24, 2015 8:50 pm 
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Big Block
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Joined:Tue Feb 23, 2010 12:40 pm
Posts:3245
Car Details:'79 Camaro, 350 V8
Location:South Bucks
That's some advice there! Have you got a legal related background, or just found yourself needing some legal back up lol. I remember seeing a video not so long ago about a guy in Wales approaching a camera van and telling the guy in there that he was acting illegally as he was a civil servant and is not in a position to hand out fines etc. The civil servant was rather baffled!

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How to post pics: When writing a message, scroll down and use the "attach file" option. Where possible, a photo sharing service can be used such as Flickr, Imgur etc. The image location (usually ending in .jpg) can be copy and pasted between the ][ brackets that appear when you click the 'Img' button (you can find this button at the top of the message box).

How to post youtube vids: Click on the 'youtubeHD' button at the top of the message box and in the middle of the ][ brackets that just appeared, copy and paste everything from the youtube web address that appears after the = sign i.e if this is the url: https://www.youtube.com/watch?v=K2cNqaPSHv0 just copy "K2cNqaPSHv0").


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 Post subject: Re: Challenge the fine
PostPosted:Wed Feb 25, 2015 7:38 am 
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Big Block
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Joined:Sat Jun 28, 2014 6:55 pm
Posts:808
Location:Croxley Green, Hertfordshire
Ahh, no leagal background just a very keen Interest if it's ca related and a good friend who had access to expensive lawyers and drove a 200mph 0-60 in 3.6 sec car every day about 5 years, and he drove it like he stole it:-) it is true that a police officer needs to be present to witness an offence under law or we could all dish out fines and try to enforce them on a whim, civil servants are not police officers and do not carry the power of law with them, I have been into fast yanks for 30 years now and never had a speeding fine stick :chevy:

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1997 30th Anniversary SS SLP
1993 GMC Typhoon


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