Speeding ticket-next move?

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Speeding ticket-next move?

Postby Colin Grainger » Tue Jun 09, 2009 7:49 pm

Folks,

My mate at work got a speeding ticket. I advised him on the first steps to take after reading about it all here.

All was going well until this evening. A clerk from the ticket office phoned him at home. Here is my pal's note to me:

Sorry I called you at 6.45pm tonight but I received a call on my house phone from the ‘police ticket office’ saying in response to my letter that the “offence still stands and if you don’t pay it I will be reporting you to the Procurator Fiscal”. I asked his name, he said Ewan something (he wouldn’t repeat it) and I asked him why he was calling my house – I didn’t invite his call so he must have searched for my number - he repeated the ‘offence still stands’ line and I told him they were in dishonour yet again as none of the points of claim have been answered and I will be happy to comply with the law and pay their company upon receipt of the information.
I told him to detail the information he passed on during the call by means of letter and he said he wouldn’t, that yet again ‘the offence still stands’ and repeated the threat of prosecution.

I know this is a verbal threat and I am pretty certain is unlawful but I must admit it is starting to get to me – yes that is what it is meant to do but I also don’t want to be hauled up in court or arrested if I refuse to pay. My Mrs doesn’t know about this and will just demand I pay etc and I don’t want that.



I am livid this ignorant robot has invaded my personal space with a verbal threat and I am tempted to go into the ticket office tomorrow and politely repeat my proof of claim request to his face - invade HIS space. How do I go about getting them done for harassment?


Can one of you tell me what to do next and I will pass it on.

Many thanks.

Colin.
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Re: Speeding ticket-next move?

Postby Veronica » Tue Jun 09, 2009 8:46 pm

Yes ... this is 'dodgy' with partners around.

I assume he has sent them the standard Rebuttals? If so then he has gained estoppel. If they take him to Court they won't get anywhere ... but the missus may find out about all this and go cosmic.

Fundamentally it all comes down to the missus.

Therein lies the rub.
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Re: Speeding ticket-next move?

Postby Colin Grainger » Tue Jun 09, 2009 8:52 pm

Yes, his rebuttals went in and they did not answer in substance. They just sent him the standard guff.

He gave them seven days to respond but they wrote back ignoring all of his questions.

Can I take it that they are in dishonour and he has now gained estoppel?

I don't want to be giving him the wrong advice.

Thanks for your help V.
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Re: Speeding ticket-next move?

Postby Veronica » Tue Jun 09, 2009 9:48 pm

Yes he has gained estoppel.

If they proceed to Summons, then he'll receive it. If his wife opens it first, then (presumably) he will be in the shit. If he gets it first, then he can write back to the Court pointing out the estoppel. They probably won't take any notice. He'll have to turn up & use the Common Law/Special Appearance 'mechanism'. Possibly best to do this before the actual Hearing Date.

But ... if she finds out ... he will be in the shit. Wives can be like that. (I know)

The Policymen & the Courts ... working together ... are vicious bastards. As we all know.

I reckon the best thing is to turn up before the due date, and argue it it with "the tart outside" ... who will "refer it to her Manager" ... see my book, Chapter 18.
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"There is no path to peace, peace IS the path" (Mahatma Ghandi)
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Re: Speeding ticket-next move?

Postby Colin Grainger » Tue Jun 09, 2009 10:47 pm

Thanks Veronica.

He is nervous but adamant. I figure if he is more afraid of his missus than a court appearance we are halfway there!

I'll make sure he reads chapter 18.

Ta muchly,

Colin.
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Re: Speeding ticket-next move?

Postby Free » Wed Jun 10, 2009 8:21 am

Hi colin

It's worth noting that many of our oppressors like to use the 'catch you out phone call' as we found out when the registrar called. Banks do this, credit companies do this, bailiffs do this also.

Preparation and awareness are keys.

When the phone rings, be ready for the one that asks for MR or MRS or asks 'could i speak to'....these are dead giveaways that the caller does not know who we are.

In such cases we can immediately take the high ground by asking questions.

Who's calling please?
Which dept are you calling from please?
What is your return call number please?
What it the call in connection with please?

We can then say 'Im not that person, but i can take a message for you'..

In cases where an unsuspecting partner or friend answers the phone, the callers STILL need to speak to us direct. Ok yes, we live in the home which has a phone which can be answered. But unless the caller actually speaks with our person directly then there is no possible chance of recourse.

another trick is that certain bailiffs use an automated caller which asks you to verify by keying in your post code before the 'operator' will speak to you. DONT DO THAT

If in doubt, say nothing and put the phone down.

Free
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Re: Speeding ticket-next move?

Postby Colin Grainger » Wed Jun 10, 2009 8:44 am

Thanks Free.

I have sent my pal the info so that he knows how to react if it happens again.

Talk to you soon,

Colin.
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Re: Speeding ticket-next move?

Postby Colin Grainger » Wed Jun 10, 2009 9:18 am

Can anyone point me at a Cease and Desist Notice?

My friend Iain wants to send one to the CEO of Grampian Police but I cannot find one here. I tried the search function but did not see a notice that had been used.

If there isn't one, could someone let me know the language it should contain?

Many thanks

Colin.
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Re: Speeding ticket-next move?

Postby MikeThomas » Wed Jun 10, 2009 9:28 am

Sorry to go a little 'off-post' on this. Don't you realise that it's YOUR HOUSE, YOUR TELEPHONE and as such it is up to you who you talk too or admit to YOUR property. Soveriengty begins at home folks!
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