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| addz8 |
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 addz8 L Plate Warrior
Joined: 11 Sep 2012 Karma :  
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 Posted: 09:03 - 11 Sep 2012 Post subject: On the spot fines: Parking, Speeding and Disorder |
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Hi All
I am a researcher at Keele University carrying out a study into the use of on the spot fines for parking, other motoring problems (speeding, tyres, con & use regs etc...) and fines that they now give out on a Friday and Saturday night for drunkeness, fighting etc...
I wondered if anyone would be interested in talking to me about their experience with these types of fines? It would consist of me asking you a series of questions over the telephone and only take about 30 minutes of your time.
If you have a story to tell or want to chat about your experience then please do contact me at a.j.snow@keele.ac.uk
Cheers
Adam |
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| CaNsA |
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 CaNsA Super Spammer

Joined: 02 Jan 2008 Karma :   
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 Posted: 09:05 - 11 Sep 2012 Post subject: |
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Can we not just post them here?
Oh and thanks for the new spam address  |
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| addz8 |
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 addz8 L Plate Warrior
Joined: 11 Sep 2012 Karma :  
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 10:49 - 11 Sep 2012 Post subject: |
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Hi. Are there roving Magistrates out on the streets now? Or did we just bypass the justice system entirely and start handing out "Dredd" badges to all coppers?
"Fines"?
You should know better. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| addz8 |
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 addz8 L Plate Warrior
Joined: 11 Sep 2012 Karma :  
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| angryjonny |
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 angryjonny World Chat Champion

Joined: 01 Sep 2006 Karma :    
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| Redoko |
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 Redoko World Chat Champion

Joined: 04 Nov 2009 Karma :    
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 11:22 - 11 Sep 2012 Post subject: |
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 12:27 - 11 Sep 2012 Post subject: |
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| addz8 wrote: | Hi Rogerborg
I'm not sure I understand your comment, fixed penalty notices (and other variants) (on the spot fines) are issued by police officers, PCSO's, local council officers, parking attendants and many others.
The magistracy becomes involved as this would be traditionally the place where such matters would have been resolved (although there is a point about something called 'net widening')
The magistracy do not issue the tickets / notices.
The last comment, I don't know if that was directed at me or society / legislature? |
It's semantics, BUT important semantics.
In the UK, as I understand things, A FINE can only be imposed by a court.
A fixed penalty notice is an oppertunity to essentially plead guilty and pay a penalty charge without the matter going to court BUT (and this is the important point) refusal to pay a fixed penalty notice results in the matter being brought before a court to determine the guilt or innocence of the party involved.
If I disagree with a police officer who has served me with a fixed penalty notice for speeding (for example), I can insist that he produces legally acceptable evidence of my wrongdoing in a magistrates court and allow the magistrate to determine the severity of the offence and the level of the fine.
The same applies to parking tickets.
If you give the police and public officials the power to levvy a FINE, you are essentially handing them carte-blanche to impose them on anyone they want without having to justify it. It is massively open to abuse.
The have on the spot fines in other countries where the police will drive you to a cash machine and stand there until you get the money out. This is NOT a power I would be comfortable with the British police being given, they cannot be trusted with it.
As I understand it the only QUANGO with the power to levvy a FINE are HM Revenue and Customs. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 14:24 - 11 Sep 2012 Post subject: |
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Oh, it's on.
If I put on a superhero outfit and went around handing out "penalty charges" for littering, is that a "fine"? Why not? I could bring a private criminal prosecution, just like any other individual.
What if I was employed by a council? I might enjoy some statutory powers to demand names and addresses, but that's it. In terms of enforcement, they still have to go via the courts.
Same for parking. Private goons have to go via civil suits, councils can go via kangaroo kourts like TPT, PATAS, or (I swear I am not making this up) SPAS, but there's still an "independent tribunal" between accusation and collection by force.
There is nothing that makes the police, the CPS or the Fiscal special in this regard. Zilch.
If you want to call what they hand out a "fine", then OK, so are parking tickets, or littering tickets, or superhero tickets.
But then what do you call it once it's been in front of a court or tribunal and you've been ordered to pay? A real-file? A super-fine?
Please don't dumb it down for us, it's an insult to the justice system and empowers costumed vigilantes far beyond their meagre limits.
And if you really believe that it's just a semantic issue, then you may want to "fine" Keele University to get your tuition fees back. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| addz8 |
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 addz8 L Plate Warrior
Joined: 11 Sep 2012 Karma :  
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 16:19 - 11 Sep 2012 Post subject: |
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Granted, the CJPA is a travesty of justice, but it doesn't do a complete end run around it.
| addz8 wrote: | what happens when you don't pay the fine depends upon the particular class of ticket (police issued = automatic registered fine) |
I'd invite you to read the Criminal Justice and Police Act 2001, Section 3 (3) (g) - is there a third option? How about at 10 (5)?
Please don't dumb the issue down or lump all quasi-judicial penalties together. You're just helping to mine out the already shaky foundations of the justice system. It gives me a sad to see such supine surrender to the ever increasing powers claimed by every prat with a costume, a notebook and a vinegar face. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| addz8 |
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 addz8 L Plate Warrior
Joined: 11 Sep 2012 Karma :  
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| addz8 |
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 addz8 L Plate Warrior
Joined: 11 Sep 2012 Karma :  
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| keggyhander |
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 keggyhander World Chat Champion

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| Andy_Pagin |
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 Andy_Pagin World Chat Champion

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| Skudd |
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 Skudd Super Spammer

Joined: 01 Oct 2006 Karma :   
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 08:44 - 13 Sep 2012 Post subject: |
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| Andy_Pagin wrote: | Yet another kid wanting us to help him with his homework  |
Well, quite. Since he's not reading PPE at Oxford, it's about seven degrees removed from anything that will benefit anyone in any way, ever.
Still, it makes a change from "design me a helmet".  ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| Marmalade |
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 Marmalade World Chat Champion

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| sickpup |
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 sickpup Old Timer

Joined: 21 Apr 2004 Karma :     
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| mistergixer |
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 mistergixer World Chat Champion

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Old Thread Alert!
The last post was made 13 years, 164 days ago. Instead of replying here, would creating a new thread be more useful? |
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