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PostPosted: Tue Jan 29, 2008 21:48 
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lukash5 wrote:
I had the car re-booted,the tangible issues corrected. I assumed all was well.


It's another one of those "computer problems". They're getting worse, not better. I think computers are more trouble than they are worth, but everyone seems to just love them. Pretty soon, they'll put rf-id chips in them and we'll all get logged into a giant database, wherever (and however fast!) we go.


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PostPosted: Wed Jan 30, 2008 22:23 
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Appeal or not to appeal?

Thanks everyone for taking the time to comment.

I have learnt that there are 3 basis for appeal,the decsion to ignore the electrical evidence,thepoints and the fine[as one] and the decision to discount my hardship issues.

To go for all 3 means taking the magistrates and CPS to Crown court. This is not something I can do from a time,cost and knowledge point of view. I have family wishes to take into account ,and although I quite fancy having a go for the rest of society ,and I was hoping a celeb type solicitor would take it on as profile builder,I am going to appeal on one of them only.

I am certain that all they wanted was the money,absolutely certain.There was no reference to my driving safer,as soon as proceedings ended the only subject for 15 mins was money,all 3 magistrates,the CPS guy,and the court clerk were involved .No one said I should have extra training or a speed awareness course. The only paperwork to have arrived at my home is to wit collecting money, and what they will do to me if I dont pay.

The electrical issues were accepted,going back over gettting 2 offences to count as one seems riddled with cul de sacs, so I am going to appeal on the hardship front and get the ban down or written off.This does not involve the CC as it is subjective and they [magistrates] have the power to change it

I am a self employed training consultant currently out of contract. It is pointless applying for new contracts with out a license.The CPS said I could get the train, go the night before, or stop over for a week rather than travelling home[So much for the family values the government goes on about,much more important to get a menace off the roads] but this assumes I have a contract to fulfill ,which I dont.

I will come back when I know more to help other people in the future

Thank you again

Paul Kirby

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PostPosted: Wed Jan 30, 2008 22:24 
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Appeal or not to appeal?

Thanks everyone for taking the time to comment.

I have learnt that there are 3 basis for appeal,the decsion to ignore the electrical evidence,thepoints and the fine[as one] and the decision to discount my hardship issues.

To go for all 3 means taking the magistrates and CPS to Crown court. This is not something I can do from a time,cost and knowledge point of view. I have family wishes to take into account ,and although I quite fancy having a go for the rest of society ,and I was hoping a celeb type solicitor would take it on as profile builder,I am going to appeal on one of them only.

I am certain that all they wanted was the money,absolutely certain.There was no reference to my driving safer,as soon as proceedings ended the only subject for 15 mins was money,all 3 magistrates,the CPS guy,and the court clerk were involved .No one said I should have extra training or a speed awareness course. The only paperwork to have arrived at my home is to wit collecting money, and what they will do to me if I dont pay.

The electrical issues were accepted,going back over gettting 2 offences to count as one seems riddled with cul de sacs, so I am going to appeal on the hardship front and get the ban down or written off.This does not involve the CC as it is subjective and they [magistrates] have the power to change it

I am a self employed training consultant currently out of contract. It is pointless applying for new contracts with out a license.The CPS said I could get the train, go the night before, or stop over for a week rather than travelling home[So much for the family values the government goes on about,much more important to get a menace off the roads] but this assumes I have a contract to fulfill ,which I dont.

I will come back when I know more to help other people in the future

Thank you again

Paul Kirby

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PostPosted: Thu Jan 31, 2008 17:33 
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lukash5 wrote:
Appeal or not to appeal? Thanks everyone for taking the time to comment.


If you need to refer to the literature, Leveson and Turner (Investigation into Therac-25 Accidents) suggest that "software alone should never be given responsibility for the overall safety of a system", because even simple programs are impossible to fully test.

Something as important (to the beaks, anyway) as the speedo should not be subject to errors introduced by software that is interposed between the instrument and the display.


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PostPosted: Tue Feb 19, 2008 10:01 
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Hi
I said I would come back re appealing or not.

I did appeal re the ban and the ability to earn my living

I went to Exeter Crown court yesterday

My ban has been reduced from 6 months to 2 months ,most of which has been served.My license will have no points on it,no extra costs as I won.

I was liberally warned not to go for a complete challenge but now wish I had. It was not as onerous as I thought,in fact the judge seemed sympathetic ,but professional. I was asked if I wanted to challenge the conviction but was not prepared as this was not the basis of my appeal,and at the point I was asked,I felt I had the impetous on my side and didnt want to blow it by being greedy

Maybe I can go back again?

I would encourage anyone who genuinely feels unfairly treated to appeal,as long as you are not trying it on with some scam or trick you will get a fair hearing

Thanks

Paul

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PostPosted: Tue Feb 19, 2008 11:10 
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Congratulations.

thats a result.

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PostPosted: Tue Feb 19, 2008 15:23 
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Well done. 8-)
The other advantage for them not removing the ban is that you are not left on 12 points. you start back at zero points.

Imagine driving for 3 years on 12 points!.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Wed Feb 20, 2008 11:42 
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This is maybe a separate issue, but Mercedes have certain legal obligations as to the accuracy of their speedos. I don't know how you'd feel about it but in your situation, I might consider approaching them for compensation as, from what you say, it appears that the speedometer (the dial, not the computer readout) was defective. PM me if you want to discuss that further.


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PostPosted: Wed Feb 20, 2008 19:40 
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Mole has a good point. Might be worth checking if this is a common problem with these vehicles.

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