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PostPosted: Wed Aug 26, 2015 5:27 am 
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Sussex wrote:
MR T wrote:
How do you identify the driver if you are not there.how can you say he has committed an offence

You have records.

If you don't have records you are committing an offence.
Private hire are required to keep records but hackney aren't.

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PostPosted: Wed Aug 26, 2015 2:38 pm 
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It's all in the Act, if you read it.

(6)Where the alleged offender is a body corporate, or in Scotland a partnership or an unincorporated association, or the proceedings are brought against him by virtue of subsection (5) above or subsection (11) below, subsection (4) above shall not apply unless, in addition to the matters there mentioned, the alleged offender shows that no record was kept of the persons who drove the vehicle and that the failure to keep a record was reasonable.


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PostPosted: Wed Aug 26, 2015 3:05 pm 
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cabbyman wrote:
It's all in the Act, if you read it.

(6)Where the alleged offender is a body corporate, or in Scotland a partnership or an unincorporated association, or the proceedings are brought against him by virtue of subsection (5) above or subsection (11) below, subsection (4) above shall not apply unless, in addition to the matters there mentioned, the alleged offender shows that no record was kept of the persons who drove the vehicle and that the failure to keep a record was reasonable.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Aug 26, 2015 3:09 pm 
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MR T wrote:
And what offence is that...


http://www.legislation.gov.uk/ukpga/1988/52/section/172

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PostPosted: Wed Aug 26, 2015 3:48 pm 
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Sussex wrote:
MR T wrote:
And what offence is that...


http://www.legislation.gov.uk/ukpga/1988/52/section/172

(4)A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was

You just don't get it do you....I did not see the driver committing the offence....I can only supply the names of who it might be..But they want just one name...

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Thu Aug 27, 2015 9:35 am 
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Any owner or operator that does not know who was driving the vehicle at the time is not showing due diligence.

It is a legal requirement for ph operators to log who was driving what car.

In respect of hackneys only those insured should be driving.

Of course it is open to drivers to forget or lie, but those drivers might want to remember how many folks have been imprisoned for 'perverting the cause of justice'.

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PostPosted: Thu Aug 27, 2015 9:50 am 
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Sussex wrote:
Any owner or operator that does not know who was driving the vehicle at the time is not showing due diligence.

It is a legal requirement for ph operators to log who was driving what car.

In respect of hackneys only those insured should be driving.

Of course it is open to drivers to forget or lie, but those drivers might want to remember how many folks have been imprisoned for 'perverting the cause of justice'.

So you are admitting you were wrong.. :D

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Thu Aug 27, 2015 5:43 pm 
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PostPosted: Fri Aug 28, 2015 8:05 pm 
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I hope he wasn't....at 8.50am!!!

The easy way to resolve this, Mr T, is to send someone out in your car, telling them you don't mind how many laws they break because you won't be there to see them. Then, apply your thinking to the sec172 notice(s) that you receive.

Perhaps you could let me know how you get on because it would be a great way for me to have fun in my wife's car!!! :wink:


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PostPosted: Sat Aug 29, 2015 10:57 am 
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cabbyman wrote:
I hope he wasn't....at 8.50am!!!

The easy way to resolve this, Mr T, is to send someone out in your car, telling them you don't mind how many laws they break because you won't be there to see them. Then, apply your thinking to the sec172 notice(s) that you receive.

Perhaps you could let me know how you get on because it would be a great way for me to have fun in my wife's car!!! :wink:

This was resolved..with the plod...Also You might remember.a certain m.p. and his wife and what happens when you falsify that summons.

ps and sussex knows I am right....p,p.s Don't drive your wifes car or put on her frocks :D

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sat Sep 05, 2015 5:47 pm 
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I think the Police would have had to rely on the driver putting his hand up and admitting it was them which would have been as likely as Nigel Farage getting elected to parliament !!!Hence the nowt they can do stance

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lack of modern legislation is the iceberg sinking the titanic of the transport sector


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PostPosted: Sun Sep 06, 2015 8:45 am 
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Been there, dunnit, got the T shirt, read the book, got the video, seen the action replay. The courts do not accept it that when a vehicle that is not privately-owned and not used for business, nobody knows who was driving it unless there are very good reasons. You (either as an individual or a company) as the owner of a business etc use car MUST keep a record of who was driving and when. You will be found guilty of the offence of failing to provide details of the driver which carries a penalty of up to £1000 and 6 points.


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PostPosted: Sun Sep 06, 2015 11:12 am 
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roythebus wrote:
Been there, dunnit, got the T shirt, read the book, got the video, seen the action replay. The courts do not accept it that when a vehicle that is not privately-owned and not used for business, nobody knows who was driving it unless there are very good reasons. You (either as an individual or a company) as the owner of a business etc use car MUST keep a record of who was driving and when. You will be found guilty of the offence of failing to provide details of the driver which carries a penalty of up to £1000 and 6 points.

So you are saying that if I do not know who was driving....I should commit perjury .by falsely stating the name of a driver .


You must respond within 28 days, using the Section 172 notice to nominate the person who was driving at the time of the alleged speeding offence. Not doing so is a separate, specific offence which could lead to a fine and penalty points being added to your driving licence.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sun Sep 06, 2015 7:23 pm 
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I think there is an issue here that do all plate baron type businesses know who is actually driving their vehicles the driver listed on their insurance or his cousin his uncle his brother in law his nephew who is actually his second cousins son who borrowed it whilst he was asleep in bed.

Small tightly controlled businesses should but there is a lot of slack practice out there especially amongst businesses run by people not brought up in the UK and therefore used to lax regulation and well versed in avoiding regulation here as well you have only to watch some of these reality TV shows to realize that the legal system is easily swerved by those who know every dodge

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lack of modern legislation is the iceberg sinking the titanic of the transport sector


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PostPosted: Mon Sep 07, 2015 3:30 pm 
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edders23 wrote:
I think there is an issue here that do all plate baron type businesses know who is actually driving their vehicles the driver listed on their insurance or his cousin his uncle his brother in law his nephew who is actually his second cousins son who borrowed it whilst he was asleep in bed.

Small tightly controlled businesses should but there is a lot of slack practice out there especially amongst businesses run by people not brought up in the UK and therefore used to lax regulation and well versed in avoiding regulation here as well you have only to watch some of these reality TV shows to realize that the legal system is easily swerved by those who know every dodge

So you are a fan of the speeding ticket....

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