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'NOT GUILTY' Motorists (i.e. you) face court costs

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bazza
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PostPosted: 18:49 - 20 Oct 2009    Post subject: 'NOT GUILTY' Motorists (i.e. you) face court costs Reply with quote

"New regulations set to come into force later this month will see motorists forced to cough up court costs - even if they're found not guilty or acquitted of motoring offences. "

More: https://www.pistonheads.com/news/default.asp?storyId=20842
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and
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PostPosted: 19:09 - 20 Oct 2009    Post subject: Re: 'NOT GUILTY' Motorists (i.e. you) face court costs Reply with quote

...

Last edited by and on 15:54 - 11 Mar 2010; edited 1 time in total
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Imyself
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PostPosted: 20:07 - 20 Oct 2009    Post subject: Reply with quote

"the age old principle of 'the loser pays' has been costing the government too much money"

well well, not much of a surprise there, so pay by losing your freedom to fight back knowing that it could and probably will cost you a lengthy court battle, is the governments idea of justice..

Sign the petition... https://petitions.number10.gov.uk/CostsRecovery/
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LeeR
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PostPosted: 10:55 - 21 Oct 2009    Post subject: Reply with quote

Done Thumbs Up
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squally
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PostPosted: 11:54 - 21 Oct 2009    Post subject: Reply with quote

so whats going on? they are charging people before they go to court and get proven innocent?
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dodgydog
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PostPosted: 13:29 - 21 Oct 2009    Post subject: Reply with quote

squally wrote:
so whats going on? they are charging people before they go to court and get proven innocent?


Not quite, but if you choose to challenge any charge in court, and are found NOT GUILTY, you will still have to pay court costs.
In effect they hope people will just pay the fine, even if they are not guilty anyway, rather than go to court and have it cost them a fortune.
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squally
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PostPosted: 13:43 - 21 Oct 2009    Post subject: Reply with quote

cheerz dodgydog Thumbs Up

so you end up not paying the fine but you are charged for your lawyer and the court. Thats crazy bullshit they got going on there. Confused
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Last edited by squally on 16:40 - 21 Oct 2009; edited 1 time in total
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MattHirst
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PostPosted: 16:25 - 21 Oct 2009    Post subject: Reply with quote

No, court costs are different to paying for your solicitor/barrister/lawyer.

When you go to court there are costs (basically paying for the court room/man in funny wig). At the moment, if you loose then you have to pay these costs, but if you win then the costs are covered by the courts/tax payer.

They are proposing that regardless of whether you win your case or not, you will still have to pay the court costs. This is on top of any fees for your solicitor etc.

Although, if you, the defendant, win then all/most of the costs for the solicitor are recovered from the other side.
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Howling TerrorOutOfOffice
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PostPosted: 16:32 - 21 Oct 2009    Post subject: Reply with quote

Done Thumbs Up

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EUMP
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PostPosted: 18:24 - 21 Oct 2009    Post subject: Reply with quote

So wait, if you are actually innocent and get dragged to court you still have to pay when proven? Rolling Eyes Bad government.
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JAMSXR
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PostPosted: 09:46 - 22 Oct 2009    Post subject: Reply with quote

I like the way the Government see this as a way of 'saving' money..... They might as well increase taxes to 'save' money! Rolling Eyes

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Peter3hg
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PostPosted: 13:43 - 22 Oct 2009    Post subject: Reply with quote

A bit of mis-information in here. You won't have to pay court costs at all. The change means that you will not be able to claim back your expenses, such as a solicitor or even travelling expenses to the court.
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Kickstart
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PostPosted: 13:58 - 22 Oct 2009    Post subject: Reply with quote

Hi

It has been on its way for quite a while:-

https://www.bikechatforums.com/viewtopic.php?t=160324

It does have a minor plus point, in that the scamera partnerships will no longer be able to use the threat of extortionate costs to bully people out of going to court.

All the best

Keith
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JAMSXR
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PostPosted: 14:57 - 22 Oct 2009    Post subject: Reply with quote

I guess it could be one of those things they keep threatening us with?

Quote:
scamera partnerships will no longer be able to use the threat of extortionate costs to bully people out of going to court.


How does that work?


Quote:
The change means that you will not be able to claim back your expenses, such as a solicitor or even travelling expenses to the court.


Oh I see, well when I had to go to court they only paid for my parking as I did not use a solicitor, they did not give me compensation for the time I had off work.
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Kickstart
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PostPosted: 15:13 - 22 Oct 2009    Post subject: Reply with quote

JAMSXR wrote:
How does that work?


Some ACPO members set up a company to provide evidence against those who try and fight speeding penalties in court.

The basic idea was that if you got taken to court and pleaded not guilty then they would bring in this company at a massive cost such that people just couldn't afford to take the risk of pleading not guilty.

There is meant to be a cap on the costs that the prosecution can claim which relates to the penalty for the offence, but this is pretty much ignored now.

For example in this article:-

https://www.timesonline.co.uk/tol/news/uk/crime/article1826722.ece

Guy got taken to court, they brought in this company and he landed up being found guilty. Not only did he get hit for the fine and points but also got hit for the hideously over the top costs of £9400.

Hopefully the same limit on costs that the defence is getting hit for will also apply to the prosecution to stop them using high costs to prevent a fair trial.

All the best

Keith
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iooi
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PostPosted: 19:36 - 22 Oct 2009    Post subject: Reply with quote

I think the major problem here is not Joe Public fighting back. But the plebs with masses of money. Say your average footballer.
Who is clearly gulity of the offence. Who then hire's the mega money lawer to get them off on some small point.

So these same people will carry on just the same, but the rest of us will have to stand the pain. If you break the law.

Should not take long before someone takes this to the Court of Human rights and wins......
That is Labour ever get to put it in place.
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yuri2085
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PostPosted: 20:19 - 22 Oct 2009    Post subject: Reply with quote

Why is that ACPO company legal...
Why does no-one care about this obvious extortion? Is it because they don't charge these costs to the 'crown'?


This does seem rather...criminal, not just immoral.


Last edited by yuri2085 on 20:21 - 22 Oct 2009; edited 1 time in total
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Kickstart
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PostPosted: 20:20 - 22 Oct 2009    Post subject: Reply with quote

Hi

The ACPO is the Association of Chief Police Officers. It is some police chiefs who have set up the company to both profit from it and prevent fair trials. Hardly likely to prosecute themselves.

All the best

Keith
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yuri2085
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PostPosted: 20:29 - 22 Oct 2009    Post subject: Reply with quote

Aye I know who they are but the courts/CPS =/= police?
But yer I understand why sort of, more exclaiming that there isn't someone in a position of power who could do something...that hasn't.
Makes me sad.
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Kickstart
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PostPosted: 20:32 - 22 Oct 2009    Post subject: Reply with quote

Hi

Magistrates courts are part of the scamera partnerships along with the police, and the scamera partnerships use that trick to stop people pleading innocent.

All the best

Keith
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multijoy
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PostPosted: 21:45 - 22 Oct 2009    Post subject: Reply with quote

Kickstart wrote:
Hi

The ACPO is the Association of Chief Police Officers. It is some police chiefs who have set up the company to both profit from it and prevent fair trials. Hardly likely to prosecute themselves.


More concerningly, they are exempt from FOI regulations. Which makes me sad. As does the issuing of 'guidance' which is often barely lawful.

If I have to answer the bleedin' things, I don't see why they shouldn't. Cnuts
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willis1337
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PostPosted: 09:17 - 25 Oct 2009    Post subject: Reply with quote

So going by this rule if I get falsely accused of something, go to court and the court rules I am not guilty, I have to pay the court costs? Bollocks, if that's the case I would sue whoever took me to court in the first place for the costs I am expected to pay.

If this comes into play it will only provide more work for the courts. Can't see this happening.
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dodgydog
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PostPosted: 12:33 - 25 Oct 2009    Post subject: Reply with quote

Hetzer wrote:
The only real solution to this kind of flagrant criminality is to get hold of those responsible, their wives and children, blood-relatives, the lot, and exterminate them. This kind of genetic sewage needs to be eradicated from the human gene-pool. The very idea that someone who is proven to have been guilty of no offence should be hundreds or thousands of pounds out of pocket is breathtaking. And serves to prove that our lives are indeed run by mad dogs.

These are not proper human-beings with whom we're dealing, these are a sub-species of evil and wicked creatures that are not fit to share our oxygen. They are no better than paedophiles or any other kind of psychotic that is unable to tell basic right from wrong.


Just thinking that might be a little harsh on them?
then thought, fuck it, it isn't.
It's about right Twisted Evil
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yuri2085
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PostPosted: 09:47 - 26 Oct 2009    Post subject: Reply with quote

I am finding the genetic argument rather weak, perhaps all blood relatives (immediate or more?) is going a bit far.
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yuri2085
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PostPosted: 23:51 - 26 Oct 2009    Post subject: Reply with quote

I feel you are giving 'humans' too much credit, I don't believe this behavior can be stamped out by genetic extermination.

Also if a dog had kids then got rabies well then, I don't kill the puppies seeing as rabies isn't genetic.

Sure kill the actual scum though, or just lock them up and throw away the key.
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