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Old 06-05-2004, 17:26   #1
Xaccers
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I'm free!

No this isn't a homage to Are you being served, but I was in court earlier today.
As you may remember, humberside police force have been trying to charge me with exceeding the temporary speed limit of 70mph on a dual carriageway near Grimsby.
They had failed to follow the law in using recorded or registered post when sending their notice of intended prosecution to me, which never arrived.
I challenged their findings and requested proof of postage on two occasions, both requests were ignored.
The case was passed to court and I was given a copy of the police statement signed on the 9th of February, claiming that their previous correspondance had gone un-answered by myself, even though I had proof they had recieved my reply on the 4th February.

Today was a pretrial review, to discuss the matter infront of a clerk of the court to hear a plea (which would have been not guilty) and discuss what witnesses if any would be required to attend the actual trial.
The reprisentative of the Crown stated that they had requested from the police details about my letter which they recieved on the 4th Feb, and an explanation as to why this was not mentioned in the statement.
Apparently the police's reply to the Crown was not relivent to the questions raised.
The police had also not bothered to re-submit the file for the court proceedings, so the Crown moved to have the charge withdrawn, which the clerk of the court agreed with, and both appologised for me having to drive all the way up from Portsmouth.

So it pays to do some research yourself and find out what the law actually says, because if any other forces are like humberside, they are acting illegally in not using recorded or registered post for their NIPs and also in witholding evidence (ie proof of postage, or rather lack of proof of postage).

Many thanks to all of you who've given me support, especially debs who came with me to hold my hand (she's got lovely warm hands!)
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Old 06-05-2004, 17:32   #2
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Re: I'm free!

Well done m8.... I'm happy for you
.......and that was really nice of Debs to go along for the moral support
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Old 06-05-2004, 17:37   #3
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Re: I'm free!

Can you claim for wasted time and travel etc?
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Old 06-05-2004, 17:47   #4
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Re: I'm free!

Really glad that you got it all sorted
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Old 06-05-2004, 18:13   #5
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Re: I'm free!

Glad you got that sorted Xaccers - not the ideal motivation for a trip back up here, but at least it was worthwhile.
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Old 06-05-2004, 18:20   #6
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Re: I'm free!

well done my mate , really pleased for you
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Old 06-05-2004, 18:25   #7
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Re: I'm free!

Yes - well done Xaccers - shame a few more people don't do the same and then perhaps the Police would re-think their procedures?
And well done to Debs too!
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Old 06-05-2004, 18:35   #8
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Re: I'm free!

Fair enough, you got off on a technicallity thats fine with me.

What bothers me is that you seem to think you deserved to get off with speeding. I dont mean any offence but if you do the speed expect to pay.
I'm, not gonna go all moral (cos I dont really have any ) But Its not something i would celebrate.

But yeah anyway well done for beating them at their game
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Old 06-05-2004, 18:36   #9
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Re: I'm free!

Quote:
Originally Posted by Xaccers
Many thanks to all of you who've given me support, especially debs who came with me to hold my hand (she's got lovely warm hands!)
Ah-hah, you only did it so you could hold Debsy's hand didn't you ...
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Old 06-05-2004, 18:44   #10
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Re: I'm free!

so you got off cos the cops didnt send their letters to you by recorded/registered post?
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Old 06-05-2004, 19:26   #11
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Re: I'm free!

Did you or did you not break the law xaccers?
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Old 06-05-2004, 19:28   #12
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Re: I'm free!

Quote:
Originally Posted by Pem
Ah-hah, you only did it so you could hold Debsy's hand didn't you ...
thinking about it, I'm gutted that Debsy was in Grimsby today & I didn't have a chance to become re-aquainted
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Old 06-05-2004, 19:51   #13
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Re: I'm free!

Quote:
Originally Posted by Incognitas
Did you or did you not break the law xaccers?
might have got off with the police but Coggy isnt going to let you get away!!
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Old 06-05-2004, 20:24   #14
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Re: I'm free!

Quote:
Originally Posted by Incognitas
Did you or did you not break the law xaccers?
I'm sure Xaccers will post more when he gets home later

We were wandering down the front at Cleethorpes today wondering where you where homealone lol
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Old 06-05-2004, 20:33   #15
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Re: I'm free!

Quote:
Originally Posted by Debsy42
I'm sure Xaccers will post more when he gets home later

We were wandering down the front at Cleethorpes today wondering where you where homealone lol
at work - about a mile further up the river, our office overlooks the estuary, but there is a huge cold store in the way of seeing any of Cleethorpes.

- did you get some rock
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