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  #31  
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Adrian
 
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Default Re: OT speeding fine - 10-28-2009 , 03:23 AM






Ian Dalziel <iandalziel (AT) lineone (DOT) net> gurgled happily, sounding much like
they were saying:

Quote:
The simples wording on a certain car insurance comparison website
says... "Please list any motoring convictions in the last 5 years. If
unsure, conviction details can be found on your driving licence."

My name counts as conviction details?
Having met you, I can only say that it bloody well should.

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  #32  
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David A Stocks
 
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Default Re: OT speeding fine - 10-28-2009 , 07:43 AM






"Pete M" <pete.murray (AT) SPAMFREEblueyonder (DOT) co.uk> wrote

Quote:
sweller wrote:
Paul wrote:

If you mean they need proof of receipt, then you are indeed wrong,
as you say.
You miss the point. There is plenty of case law that posting it on
day 14 is not good enough.
Then you'll be able to post a link to one?

I doubt it - an acquaintance of mine thought he had the same get out.
Unfortunately the court disagreed and he was stuffed. As you say,
putting it in the postal system counts as served.

I was taken to court by the DVLA a few years ago for something and the
DVLA representative tried the "putting it in the post means its served"
routine. Magistrate threw it out there and then. I may have been lucky but
it was possibly because the DVLA rep said something along the lines > that
anything they post is as good as recorded delivery, which is obviously
bollocks.

AIUI the legislation was changed fairly recently to allow NIPs to be served
via normal post for certain classes of offence. There is a requirement for
the NIP to *arrive* within the required time assuming a normal postal
service. I assume that means it has to be posted 1 working day before the
deadline for 1st class and 3 days for 2nd class.

D A Stocks

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  #33  
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ianp5852@googlemail.com
 
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Default Re: OT speeding fine - 10-28-2009 , 11:47 AM



On Tue, 27 Oct 2009 12:25:53 GMT, Chris Whelan
<cawhelan (AT) prejudicentlworld (DOT) com> wrote:


Quote:
Most policies have a clause about material disclosure, requiring that
they are informed about anything that might affect their risk.

Would not the act of having been caught speeding, regardless of whether
the outcome was a conviction or a course, count as affecting the risk?

Chris
....and in any event ANY insurance contract requires 'utmost good
faith' between insurer and customer. I advised mine when I received my
NIP for 36 in 30 and told them I was being offered an awareness
course. They told me i was correct to infirm them and noted it on
their file and told me that whether or not I did the course there
would be no increase in premium since they recognise that 'everyone
has points' these days. They did ask that I tell them if I ended up
with any points and recommended taking the course if only to give
myslef a little leeway for being caught in the futere.
I completed/passed the course which was an absolute joke...run by
Advanced driving instructor and a traffic policeman who did not put
across one consistent argument between them. A shame really because ,
it seems to me, its quite a good opportunity that was missed. They
were asked by members of the course if they needed to inform their
insurers and the reply was "Don't think so" They were also asked about
the longevity of points and weren't even able to answer that
definitively. But then they were rushing off to the golf course......
Please reply to group - email address is not monitored
Ian

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  #34  
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Paul Cummins
 
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Default Re: OT speeding fine - 10-28-2009 , 12:51 PM



In article <hc9ap1$rof$1 (AT) news (DOT) albasani.net>, nospam (AT) nopam (DOT) com (David A
Stocks) wrote:

Quote:
There is a requirement for
the NIP to *arrive* within the required time assuming a normal
postal service. I assume that means it has to be posted 1 working
day before the deadline for 1st class and 3 days for 2nd class.
It MUST be posted first class or better... Second class invalidates the
NIP.

--
Paul Cummins - Always a NetHead
Wasting Bandwidth since 1981

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  #35  
Old   
Grimly Curmudgeon
 
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Default Re: OT speeding fine - 10-30-2009 , 08:06 AM



We were somewhere around Barstow, on the edge of the desert, when the
drugs began to take hold. I remember "sweller"
<sweller (AT) mztech (DOT) fsnet.co.uk> saying something like:

Quote:
The speed awareness courses aren't free (£100 or so)
More Job Creation Schemes under a different guise. The companies who run
these schemes are making off with a pretty penny.

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  #36  
Old   
Fred
 
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Default Re: OT speeding fine - 10-31-2009 , 05:59 PM



"alicc" <shenkpo11 (AT) yahoo (DOT) co.uk> wrote

Quote:
Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a
fine & points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.
Thousands of speeding motorists may be able to escape fines and penalty
points on their licences thanks to the postal strike.

In what is being seen as a test case, a High Court judge has quashed the
conviction of a driver because the statutory police letter failed to arrive
within the 14-day legal deadline. It had been delayed by Royal Mail
industrial action.


http://business.timesonline.co.uk/tol/business/law/article6898147.ece

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  #37  
Old   
David Taylor
 
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Default Re: OT speeding fine - 11-02-2009 , 02:34 AM



On 2009-10-24, alicc <shenkpo11 (AT) yahoo (DOT) co.uk> wrote:
Quote:
Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a fine
& points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.
This wasn't you, was it?

http://thelawwestofealingbroadway.blogspot.com/2009/11/trouble-on-way.html

--
David Taylor

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  #38  
Old   
Willy Eckerslyke
 
Posts: n/a

Default Re: OT speeding fine - 11-02-2009 , 04:21 AM



Grimly Curmudgeon wrote:
Quote:
We were somewhere around Barstow, on the edge of the desert, when the
drugs began to take hold. I remember "sweller"
sweller (AT) mztech (DOT) fsnet.co.uk> saying something like:

The speed awareness courses aren't free (£100 or so)

More Job Creation Schemes under a different guise. The companies who run
these schemes are making off with a pretty penny.
It could be argued that they're merely benefiting from a tax on idiots.
Nobody's _forced_ to contribute.

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  #39  
Old   
johannes
 
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Default Re: OT speeding fine - 11-15-2009 , 04:43 AM



Paul wrote:
Quote:
Redwood wrote:
"alicc" <shenkpo11 (AT) yahoo (DOT) co.uk> wrote in message
news:01293a66$0$25833$c3e8da3 (AT) news (DOT) astraweb.com...
Well it is car related ..
It seems I have been caught speeding. 38 in a 30 zone. It does mention the
possibility of speed awareness classes or a warning letter instead of a
fine & points.
But partially due to the postal strike I suppose.. it was delivered today.
2 week and one day after the offence.
What are my chances of protesting it arrived outside the 2 week period? I
dont see how I can prove it . And surely it cant be as easy as just saying
it arrived too late or everyone would say it.

Is there a date marked on the envelope & was it posted 1st or 2nd class (if
2nd then it's invalid anyway). It has to be posted to the registered keeper
to arrive within 14 days of the normal course of post.




Theres a story in the post today that 1,000's can expect to get away
with their fines due to postal strike and the 14 day rule.
It surprises my that the police rely on ordinary postal delivery without
any acknowledgment or certainty that the post will actually arrive. I often
miss receiving post where I live; letters are put into the wrong house or
wrong street. It doesn't help that there are about five roads with similar
sounding names. I have complained to RM over the last 15 years, but no
change in spite of promises from Postmaster of better training. But new
posties come along and make the same mistakes. It is really bad.

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