August 2009

FotheringtonThomas

tinyurl.com/woofow

An old boy's been sticking a small brass model dog to his car. Now, the police have told him to take it off, as it's "illegal". Is it? Read more

henry k

The message does not seem to have got through to quite a few Jaguar drivers ( including a friend of mine).
They seem to think it looks trendy to put them on the leading edge of the bonnet to guarantee maximum damage to anyone they hit.
e.g.
farm3.static.flickr.com/2008/2486319345_f96e8a1551...g

BobbyG

tinyurl.com/mzbmbp

Oops! Think I forgot to put my stand down...

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Lud

As I left the money machine just now, a shirtless boy of about 12 or 14 ran past and stopped, exhausted, at the edge of the pavement. He looked a bit distressed but may simply have been out of breath, and didn't seem to want help.

A few moments later I heard a furious, skriking, scolding monologue in a high thin voice. It was coming from the mouth of a boy perhaps two years older, with a music device and an earphone in his ear, cycling up my main road with the first boy sitting on the handlebars of a bike that looked a bit small for either of them. He seemed to be giving the first boy an earful about running away from him.

At the corner of my block, both boys, and another who had appeared out of nowhere, had been pulled by four or five uniformed plod of both genders, who had got out of a marked VW people carrier. As always under those circumstances, everyone seemed to be settling in for a long, directionless dialogue. The boys, especially the first one, seemed in the depths of despair.

Without being very interested, I couldn't help wondering what had happened. Was the bike stolen? Had they done something naughty back up the road? Will being pulled and inconvenienced make them think twice next time? Read more

pda

No, as soon as they get their breath back they will claim they have been victimised!

Children have rights, you know :)

Pat

Chalkie

Help! We have a Renault Cio that has developed a stalling problem when hot. It seems totally random although it does tend to stall immediately after refuelling. (Starts Ok but when you get to end of the forecourt and slow down it stalls -not every time though!). We use branded petrol and the garage have changed the wriring loom and checked all the fuel system. Garage have had the car back twice and spookily the fault is not apparent when they have it so can't suss out the problem. Apparently there are no fault codes showing up.

Anyone out there got any ideas please?

Thanks

Chalkie Read more

Kiwi Gary

Reported today that judge has ordered the forfeit to the crown of a woman's BMW 318. She was caught driving with excess alcohol inbibed, and banned for a year. Shortly afterwards, she was caught again having excessively imbibed, and also driving whilst disqualified.

{ P.S., No, you can't borrow our judges. We need them here.}
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Westpig

As you will see, it can easily be applied to drink/driving cases:




Sections143 of the Powers of Criminal Courts (Sentencing) Act 2000 allows the courts to order the forfeiture by a convicted person of property used. It states:-
143(1) Where a person is convicted of an offence and the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him, or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued-

(a) has been used for the purpose of committing, or facilitating the commission of, any offence, or
(b) was intended by him to for that purpose,

the court may (subject to subsection (5) below) make an order under this section in respect of that property.

143(2) Where a person is convicted of an offence and the offence, or an offence which the court has taken into consideration in determining his sentence, consists of unlawful possession of property which-

(a) has been lawfully seized from him, or
(b) was in his possession or under his control at the time when he was apprehended for the offence of which he has been convicted or when a summons in respect of that offence was issued,

the court may (subject to subsection (5) below) make an order under this section in respect of that property.

143 (3) An order under this section shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police.

NOTE:
An intention to use for the purposes of crime, or is in the unlawful possession of the defendant will suffice and includes the forfeiture of any vehicle used to commit serious traffic offences.

143(4) Any power conferred on a court by subsection (1) or (2) above may be exercised-

(a) whether or not the court also deals with the offender in any other way in respect of the offence of which he has been convicted; and
(b) without regard to any restrictions on forfeiture in any enactment contained in an Act passed before 29th July 1988.

143(5) In considering whether to make an order under this section in respect of any property, a court shall have regard-

(a) to the value of the property; and
(b) to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).

143(6) Where a person commits an offence to which this subsection applies by-

(a) driving, attempting to drive, or being in charge of a vehicle, or
(b) failing to comply with a requirement made under section 7 or 7A of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test or to give permission for such a test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or
(c) failing, as the driver of a vehicle, to comply with subsection (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the vehicle shall be regarded for the purposes of subsection (1) above (and section 144(1)(b) as used for the purpose of committing the offence (and for the purpose of committing any offence of aiding, abetting, counselling or procuring the commission of the offence).

143(7) Subsection (6) above applies to

a) an offence under the Road Traffic Act 1988 which is punishable with imprisonment;
(b) an offence of manslaughter; and
(c) an offence under section 35 of the Offences Against the Person Act 1861 (wanton and furious driving).

143(8) Facilitating the commission of an offence shall be taken for the purposes of subsection (1) above to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.

NOTE:
In a case where there were three defendants, one had his Land Rover seized (as well as being given 12 months probation just like the others). He appealed on the grounds that his punishment was much greater than that for the other two. The Court of Appeal stated that although there must not be an unacceptable disparity in the sentences, that did not exclude seizure from one defendant where there was a joint venture (R v Burgess Times 2/11/00). Note that this case was based on the older (but identical) legislation which preceded section 143.

SOURCE(S) Powers of Criminal Courts (Sentencing) Act 2000

RELATED MATERIAL 143 Forfeiture of proceeds of crime

RELATED CASES Webb v CC Merseyside and Potter v CC of Merseyside 1999
If no legal authority police must usually return property

Altea Ego

This will make an interesting insurance claim form.

Link to BBC website

news.bbc.co.uk/1/hi/world/middle_east/8184637.stm
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deepwith

Nay, BiG, tis not the driver who had his car destroyed who was at fault, but as Lud says the drivers on t'other side of the road.

ballyharry

Reg in July2005

Sept 2008 and after 44K clutch slipping. Replacement by Honda dealer of a recondition clutch because Honda part not available. Dealership expired and business transferred to another dealership.

June 2009 and after 11K clutch slipping. Dealer being awkward, recod. clutch not Honda part, recond. firm expired.

Proposal from dealership - Honda will supply clutch free of charge but negotiate labour charge with dealership.

Any advice welcomed

Regards

ballyharry

{subject header amended to include a brief description of question being asked - also moved to Technical Matters} Read more

PW

Hi All,

Apologies for short notice, but just wondered if anyone knew of a good, relatively cheap option for parking all day in Bristol tomorrow (5th August) close to the Bristol Royal Infirmary.

Had thought of either using the Nelson street NCP as from memory is expensive as short term, but is not too bad for long term. Will be parking up about 6.45am and doubt will be leaving much before 5pm.

Option 2 was using the galleries car park, with a drive out and repark during the day as is not too bad up to 4 hours or so.

Many thanks in advance for any alternative suggestions. Read more

PW

Thanks Jacks, sorry to hear why you know the area so well, but happy that all seems well for you know. The visit is to the hospital next door.

Swing Swang

I wonder if you could help - is there a way of finding out what my car was worth on December 31 last year? My accountant tells me he needs the Glass's guide figure to calculate the depreciation, which is proving difficult to find in August.

Thanks in advance,

Regards,

Swing Swang

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Avant

Your accountant would find it simpler to write the car's cost off equally over the estimate of its 'useful life' - i.e. the length of time you expect to keep it. This charges each year's profit and loss account with the benefit your business gets from the car, which is presumably much the same each year.

Thus if your car cost £20,000 and you expect to keep it for 4 years, charge £5,000 depreciation each year. If you sell it after 3 years, the book value would be £5,000, probably not too far off what you'd actually get for it - any difference being profit or loss on disposal.

This is known as 'straight line' depreciation.

Don;t worry about the tax implications - the Inland Robbers (sorry, HMRC) have their own rules for capital allowances.

ifithelps

tinyurl.com/nstj37

The above is a link to a BBC Radio 4 documentary which tells the story of a fatal road accident and subsequent court case in the words of those who survived.

The half hour programme won a Sony award, and while I can't say it's very cheerful, I found it compelling listening.

It's broadcast via the listen again service, programmes are only on for seven days and this one goes off-line on Friday.
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