Slightly different circumstances, but along the same lines............I got a "NIP" from a mobile camera van last September (2005) in Northampton for allegedly doing 50 in a 40 zone.
The wording was that I was travelling on the A5076. I knew I had DEFINITELY not been on this road, so I asked for the photograph which I got the following day. Sure enough it was my car, but I was actually on the A43.
I was not aware of the camera van until the NIP dropped on the doormat, so I honestly say I do not know to this day whether I was actually speeding or not?
I took legal advice and was told that the magistrates court would just alter the wording on the alleged offence to read A43 instead of A5076. So basically just pay-up! The solicitor only advised contesting it if I already had 9 points on my licence, (it was clean until then), so I paid up. Needless to say I was totally I hacked-off with this.
Same old story......you can't beat the system............unless you are employed by Manchester United FC!!!!!
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I had a similar scenario. Summons post throught the letterbox with the wrong middle name on it, I noticed it, because you tend to read a summons quite carefully, got in touch with the clerk of the court,, and wrote pointing out the error with a request for an adjournment. That all duly happened and the summons was re issued.
Now let me tell you whats happened in your case. You got a summons throught the letter box, you read it quite carefully as you do with a summons. You saw it has no offence on it, and you thought "Great - they have screwed up the summons, I can go to court, pretend I am Rumploe of the Bailey / Ironside (delete as appropriate), whip out my defence about the summons, make them look stupid and get the case thrown out of court, possibly with my costs."
The outcome being you can relate this story for years to come and feel all self satisfied.
Funny how plans unravel isnt it.
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TourVanMan TM < Ex RF >
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You could always hire one of these specialist firms of lawers to try and get you off at a cost of say £50k and you just may win,if I was guilty I think I would just say nothing and pay the fine .Why is it when people knowingly commit an offence and get caught they scream its unfair.
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"I am defending myself and the case has been adjourned. Does anyone know if it's legal for them correct a procedural error and continue , or have I been shafted in a kangaroo Court bacause I didn't have a solicitor? I am pleading not guilty."
SFAIK it is legal for minor errors of location etc can be altered and the case proceed. DVD has covered this above. I would tend to take the advice of a magistrate and/or justices clerk with a pinch of salt; I think they try to be helpful, up to a point. However, our justice system is adversarial ie a contest. The magistrate and the clerk are not on your side, in the final analysis!
You are pleading not guilty; why is that? Were you parked somewhere illegal or not? Are you defending yourself with evidence of poor signage, obscured double yellow lines, parking regulations invalid? Do you have photos to prove any of the above, if you are relying on them to support your case? We don't have much to go on!
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The only time I have ever heard anyone "get away" with something like this was when the registration number had been filled out incorrectly on the parking ticket (confused a 6 with an 8)
The recipient noticed this and simply did nothing. She never heard any more about it. Presumably someone else got the summons or the reg number was invalid and the matter forgotten.
Cheers
DP
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I have a few things to go on.
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All's fair in love and war, I'm not going to waste my 50K on a lawyer when I'm not guilty, I never said I was guilty. I also trust Briish Justice to find me not guilty, which is why I'm defending myself.
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Not quite, I had my defence ready before the hearing but hadn't noticed the mistake untill they realised it themselves, and pointed it out.
I like your style, I hope your right about Ironside/Rumpole, I don't want to be telling my daughter in years to come how an innocent man was found guilty.
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I've got a little more ammunition than I'm letting on, after all maybe Mr. Traffic Warden who is to be cross examined by me is reading this. I'll let you know how I get on.
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Many thanks for your reply, I'll continue without bringing that one up. The whole case has been a comedy of errors any way, I just thought the more the merrier. I may even throw in Section 16 of the 1968 Theft Act, of Obtaining a Pecuiary Advantage by Deception.
Actually although that's exactly what it is, perhaps the magistrates won't see the funny side of it if I were to say that. We have to be nice in Court after all, or we'll be found guilty even if they believe were not guilty.
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As Nick says above - you were on the verge - you are guilty . No ifs buts , maybes's or perhaps - believe me I know because I have had a ticket in the same 'verge to verge ' circumstances .
Anyway , if you want to waste your time and money arguing the toss thats up to you but if I wanted to argue I'd get a solicitor if I were you.
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you're definitely guilty, the verge is part of the highway as previously stated, so that makes it the clearway........
the longer this goes on the more you're fine is going to be...and then there's the costs. If you make them send the witnesses to court, you'll have to pay up for their time etc as well.
can't understand why you're making an issue of it, surely it must be stressing you out....... i'd want a more peaceful life personally
if you've done wrong, admit it and cough up........
in the unlikely event you did win (which i'm prepared to eat my hat if you did) you're still guilty...would you persuade yourself you weren't really.
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Oh come on, it's easy to get off a parking ticket if you're determined.
Imagine that your life depends on it, and then you will get let off, because you will have spent two weeks reading up on it.
There have been many high profile cases of illegal parking enforecement in the media recently, including illegal paperwork, and the fact that they aren't fines, but penalties, and penalties require a contract to be agreed and broken in order to enforce.
It's a shame you can't fine the state £30-60 whenever they make an error, I'd be a millionaire by now.
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You are correct Sir, they take us to Court and suffer no consequences whatsoever if they get it all wrong, and if we have a solicitor and win, then we have to pay the solicitor out of our own pockets. Crazy !
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I value your opinion, however I'm not bothered about money and it's not stressfull, it's very interesting.
It's horses for courses. You may not think my wifes attractive but I think she's the most beautiful woman in the world. I hope you're not a JP or I'd probably get life.
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Thanks for the advice but I don't think I'll bother with a solicitor.
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There's a road in Gloucestershire, possibly on the outskirts of Cirencester, where additional signage makes clear that the Clearway includes the verges. IF the warden's job is to patrol the clearway and that's the offence he tickets for the authoroties might as well issue himwith pre printed tickets.
OP is free to wate his own money and time but suspect he's urinating against the prevailing wind.
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The OP didn't ask for any help, assistance or advice - the whole thing is probably a troll.
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I'm a bit thick, I don't fully understand what you say. IAre you saying that I'm a windup merchant. My ex girlfriend told me I was a windup merchant but I didn't believe either of her faces. I thought a troll lived under a bridge but maybe there's another meaning.
For the record, as farcical as it sounds, it's all true. It's nice to read something different to "Guilty as charged"
I appologise if I've completely got the wrong end of the stick.
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