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newlyns pressurized my brother to pay 350 for disputed parking fine

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  • #16
    Re: newlyns pressurized my brother to pay 350 for disputed parking fine

    http://www.inbrief.co.uk/court-judge...al-records.htm

    Comment


    • #17
      Re: newlyns pressurized my brother to pay 350 for disputed parking fine

      I t'inks you split hairs!
      Speeding is a nonrecordable offence and so, although the offence may be on your licence for a little while you can lose it by applying for a new licence in due course. Hardly a criminal record and anyway this discussion is going off topic which is not good for OP:focus:

      Comment


      • #18
        Re: newlyns pressurized my brother to pay 350 for disputed parking fine

        Originally posted by des8 View Post
        I t'inks you split hairs!
        Speeding is a nonrecordable offence and so, although the offence may be on your licence for a little while you can lose it by applying for a new licence in due course. Hardly a criminal record and anyway this discussion is going off topic which is not good for OP:focus:
        Yep and yep!

        Comment


        • #19
          Re: newlyns pressurized my brother to pay 350 for disputed parking fine

          Originally posted by stevemLS View Post
          Where does this come from.

          Speeding is a crime.

          Pretty straightforward.

          The maximum penalty varies according to the offence, but it is still a crime.

          And a criminal record is never erased, depending on the sentence, convictions generally become "spent" after a specified period. The effect of that is that, for most purposes, they do not need to be declared although for some, e.g. professions such as law, medicine etc, they never become spent.

          Speeding, for example, is a criminal offence under s89 of The Road Traffic Regulation Act 1984. If you're convicted of an offence, you have a criminal record - it is that straightforward.

          A fixed penalty is not a conviction - it is offered as an alternative to prosecution.
          Hi Steve,
          I got this from the .gov.uk web site.
          “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

          Comment


          • #20
            Re: newlyns pressurized my brother to pay 350 for disputed parking fine

            Originally posted by stevemLS View Post
            Where does this come from.

            Speeding is a crime.

            Pretty straightforward.

            The maximum penalty varies according to the offence, but it is still a crime.

            And a criminal record is never erased, depending on the sentence, convictions generally become "spent" after a specified period. The effect of that is that, for most purposes, they do not need to be declared although for some, e.g. professions such as law, medicine etc, they never become spent.

            Speeding, for example, is a criminal offence under s89 of The Road Traffic Regulation Act 1984. If you're convicted of an offence, you have a criminal record - it is that straightforward.

            A fixed penalty is not a conviction - it is offered as an alternative to prosecution.
            Originally posted by Johnboy007 View Post
            Hi Steve,
            I got this from the .gov.uk web site.




            It does start, "Where does this come from?"

            I say well done for ensuring accurate information.

            I also say, well done for a gentle reminder information like this should always be sourced.

            Comment


            • #21
              Re: newlyns pressurized my brother to pay 350 for disputed parking fine

              I can't see it on the gov.uk website (not checking up on you it just sounded a bit of an odd thing for the gov.uk website to say)

              The Gov.uk website has https://www.gov.uk/speeding-penalties and on Minor Motoring Offences ( https://www.gov.uk/stopped-by-police...oring-offences )speeding is not listed

              3. Minor motoring offences

              The police can give you a ‘fixed penalty notice’ for less serious traffic offences, eg for:

              careless or inconsiderate driving
              using a mobile phone while driving
              not wearing a seat belt
              driving too close to another vehicle

              You can be fined up to £100 and get penalty points on your licence if you get a fixed penalty notice - you may be disqualified from driving if you build up 12 points within 3 years.

              The police can also decide to:

              take no action
              issue a warning
              offer driver training
              charge you with an offence

              You can choose not to pay the fixed penalty if you believe that it was given unjustly, but you’ll have to argue your case in court.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #22
                Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                You will find lots of info here:https://www.gov.uk/government/upload...iew-phase2.pdf
                and here:https://www.gov.uk/government/public...gulations-2003
                and here:http://www.legislation.gov.uk/uksi/2003/2823/made

                there is no doubt about non recordable offences.

                OP's original question was: "Does a speeding ticket come undeR CRIMINAL FINES since its a crime albeit a motoring one?"
                The answer is "yes" as it links to an original statement in post 5 :"
                6inally I have court fine for speeding I forgot to pay."

                Don't pay a FPN and it goes to court and becomes a fine.
                No question asked about a criminal record.

                Comment


                • #23
                  Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                  Only road traffic offences which carry a custodial sentence are classed as criminal offences. All other road traffic offences are classed as non-crime offences.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #24
                    Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                    Originally posted by des8 View Post
                    You will find lots of info here:https://www.gov.uk/government/upload...iew-phase2.pdf
                    and here:https://www.gov.uk/government/public...gulations-2003
                    and here:http://www.legislation.gov.uk/uksi/2003/2823/made

                    there is no doubt about non recordable offences.

                    OP's original question was: "Does a speeding ticket come undeR CRIMINAL FINES since its a crime albeit a motoring one?"
                    The answer is "yes" as it links to an original statement in post 5 :"
                    6inally I have court fine for speeding I forgot to pay."

                    Don't pay a FPN and it goes to court and becomes a fine.
                    No question asked about a criminal record.
                    What this corrupt and discredited government is trying to do is slide in Code Napoleon (Napoleonic Law, where the defendant is guilty until proven innocent.) which puts them in breach of international law applicable to human rights. FPNs are a tool of Code Napoleon.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #25
                      Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                      I can't be bothered arguing the obvious (esp as it is irrelevant to the OP) - if you are convicted of a criminal offence then it is a crime. It couldn't be more obvious.

                      The section of the RTRA I mentioned says if you exceed the speed limit you are guilty of an offence. How in the name of all that is holy can you be convicted in a criminal court of an offence which is then a non-crime.

                      Comment


                      • #26
                        Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                        Originally posted by Amethyst View Post
                        I can't see it on the gov.uk website (not checking up on you it just sounded a bit of an odd thing for the gov.uk website to say)

                        The Gov.uk website has https://www.gov.uk/speeding-penalties and on Minor Motoring Offences ( https://www.gov.uk/stopped-by-police...oring-offences )speeding is not listed
                        Boss Lady checking up on me for sure.....
                        I may have got it from another advice site...
                        But I did copy the text.........
                        It states,

                        There are three types of motoring offence, Minor, Major and Hybrid.

                        Minors (ignoring signs, speeding, etc) do not carry a criminal record, Majors and Some hybrids do. For example D&D is a criminal offence for which you can be chucked in jail, and is time served (ie no longer counts as a criminal record) after 10 years.

                        In general you should reveal ALL items (inc speeding) unless specifically not asked for. Some checking (ie for security clearance or for public positions like child care, taxi license etc will reveal speeding offences (and local police cautions), and they may come back to you and say "why didnt you mention this"?


                        I think it was something to do with Car Insurance declarations.
                        Well Boss Lady, I do have an excuse......
                        I'm old
                        “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

                        Comment


                        • #27
                          Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                          Originally posted by stevemLS View Post
                          I can't be bothered arguing the obvious (esp as it is irrelevant to the OP) - if you are convicted of a criminal offence then it is a crime. It couldn't be more obvious.

                          The section of the RTRA I mentioned says if you exceed the speed limit you are guilty of an offence. How in the name of all that is holy can you be convicted in a criminal court of an offence which is then a non-crime.
                          The applicable legislation will or should specify the mode of trial - summary, indictment or either - and venue for trial.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #28
                            Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                            Schedule 2 of the Road Traffic Offenders Act 1988 defines the mode of trial and maximum penalty for most traffic offences.

                            s89 offences (speeding) are triable summarily (ie in magistrates court only) and have a maximum fine at level 3 on the standard scale together with points and a discretionary disqualification.

                            It is a crime.

                            Whilst I had given up, I do think it is important that information on here is accurate,

                            Comment


                            • #29
                              Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                              Quite a debate raging and it seems that as it is a criminal offence there can be a potential for marstons/newlyns etc to force entry. Is that correct? Tad confused!

                              Comment


                              • #30
                                Re: newlyns pressurized my brother to pay 350 for disputed parking fine

                                Yes, it is the fact that it is a fine imposed by a criminal court rather than any other sort of debt which affects the enforcement powers.

                                Comment

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