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Mr Loophole does it again (Beckham case)

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  • September 28, 2018 at 7:56 am #28999
    brooksby

    https://www.theguardian.com/football/2018/sep/27/david-beckham-avoids-speeding-prosecution-on-technicality

    “David Beckham will avoid prosecution over a speeding charge, after his lawyer Nick Freeman, who calls himself Mr Loophole, argued that it had arrived a day after the legal time limit.

    The former England football captain was accused of driving a loaned Bentley at 59mph in a 40mph zone on the A40 in Paddington earlier this year.

    Beckham’s lawyer argued that “it would be unsafe to allow these proceedings to go any further” due to the original speeding notice arriving a day later than the statutory 14-day window.”

    So, not contesting whether or not he was speeding, just whether the Royal Mail works properly.

    How long ago did Freeman actually sell his soul…?

     

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  • September 28, 2018 at 11:46 am #928051
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    Hirsute
    theflatboy wrote:
    KendalRed wrote:
    Good to see Mr Arsehole…sorry, Loophole, is making the roads safer for us cyclists (that he obviously despises), pedestrians and law abiding motorists.

    There’s a special place in Hell for you Mr Freeman, probably getting your namesake Old Nick off with something (why does the image of Saddam Hussein and Satan from the South Park Movie come to mind…)

     

    Hypothetically speaking, if you were to get flashed by a speed camera on 1 June and, knowing that the ticket if issued would have to arrive by 15 June to be valid, a ticket arrived on 16 June… what would you do. Accept the fine and points anyway, or object?

    Obviously if you have never sped (can’t write speeded even though it feels more “correct”) or broken any other driving law, then this is N/A…

    Basically you are stuffed as you won’t have a way to prove it was late.

    Otherwise you apply the NZ trick

    https://www.thehits.co.nz/random-stuff/the-new-zealand-police-have-revealed-this-genius-trick-to-avoid-getting-a-speeding-ticket/

    September 28, 2018 at 11:44 am #928049
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    theflatboy
    KendalRed wrote:
    Good to see Mr Arsehole…sorry, Loophole, is making the roads safer for us cyclists (that he obviously despises), pedestrians and law abiding motorists.

    There’s a special place in Hell for you Mr Freeman, probably getting your namesake Old Nick off with something (why does the image of Saddam Hussein and Satan from the South Park Movie come to mind…)

     

    Hypothetically speaking, if you were to get flashed by a speed camera on 1 June and, knowing that the ticket if issued would have to arrive by 15 June to be valid, a ticket arrived on 16 June… what would you do. Accept the fine and points anyway, or object?

    Obviously if you have never sped (can’t write speeded even though it feels more “correct”) or broken any other driving law, then this is N/A…

    September 28, 2018 at 11:43 am #928047
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    Hirsute
    Yorkshire wallet wrote:
    Don’t you find it unlikely that out of the 1000s upon 1000s of penalty notices that get delivery correctly, this one doesn’t?

    It’s not a black and white as that because the NIP is deemed to have been received:

    A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.

    The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.

     

    I suspect a number of people do receive one late, however a claim of “it was one day late” is pretty unlikely to be accepted.

    In this case, there was third party evidence that the NIP was late.

     

    It does seem a bit perverse that the NIP is deemed to have been received but I guess that is simply cost cutting to avoid special delivery costs.

    September 28, 2018 at 11:34 am #928045
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    Anonymous

    Don’t you find it unlikely

    Don’t you find it unlikely that out of the 1000s upon 1000s of penalty notices that get delivery correctly, this one doesn’t?

     

    September 28, 2018 at 11:29 am #928043
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    Hirsute

    Not a loophole though. The

    Not a loophole though. The NIP has to arrive in 14 days if not, then it isn’t valid. This applies to anyone.

    I think it was simply to avoid leaving people with no defense if they got one 6 months after the event whereby they could not remember where they were or who was driving.

    I can’t see the firm making stuff up, what benefit would there be and wouldn’t they record incoming items such as this as a matter of course ?

     

    Doing 59 in a 40 is ridiculous though.

     

    September 28, 2018 at 11:02 am #928041
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    Kendalred

    Good to see Mr Arsehole..

    Good to see Mr Arsehole…sorry, Loophole, is making the roads safer for us cyclists (that he obviously despises), pedestrians and law abiding motorists.

    There’s a special place in Hell for you Mr Freeman, probably getting your namesake Old Nick off with something (why does the image of Saddam Hussein and Satan from the South Park Movie come to mind…)

     

    September 28, 2018 at 10:50 am #928039
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    leaway2

    I wonder why David Beckham
    I wonder why David Beckham contests a ticket. Unless the points take him to a ban, the fine and any insurance cost increase is meaningless to him.

    September 28, 2018 at 10:32 am #928037
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    Anonymous

    Didn’t they say it was the

    Didn’t they say it was the post office’s fault? Probably some con job with the Bentley firm to pretend they didn’t receive anything until a day after the prosecution limit. I bet they opened it and it was Beckham they then wanted Mr Loophole to make sure there was a loophole.

    If it was Joe Bloggs using Hertz they’d not be a late penalty notice.

    September 28, 2018 at 10:19 am #928035
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    vonhelmet

    It’s disappointing, sure, but

    It’s disappointing, sure, but you have to lay at least some of the blame with a force that is so apathetic it can’t get the notice out within two weeks.

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