I was given a three point fixed penalty and a £60 fine from a speed camera.The local comuniaty has being trying to get the camera removed because theyview it as a revenue raiser with no road safety merits.If the local council decide the camera is illegal and people are refunded their £60fines, would it be possible to get the points removed from my licenceKind regards, XXXXX XXXXX
Province/Country relating to question : Poole in Dorset
Nothing, the council has only just raised the issue after fines of over £1,000,000 were raised by this one camera in one month
If the camera is found to be illegal and fines returned the points will be removed but you will need to write to DVLA. I wouldnt hold my breath about it being found to be illegal
That's 600 or so convictions per day! Wow,
Thed allegation may be slanderous.
Slander is spoXXXXX XXXXXbel is written
You have prove that the words (allegations) are defamatory, that the words would be understood to refer to you by even one other person (that is evident) ; and that the words have been published to a third party. Clearly this is the case
A libel claimant does not have to prove that the words are false or to prove that he has in fact suffered any loss. Damage is presumed. A slander claimant will need to prove that the defamatory allegations caused actual damage, unless the slander is within certain categories.
There is no set definition of 'defamatory'. A statement may be considered to be defamatory if it tends to do any one of the following:
Let me warn you now, libel and slander cases are the preserve of the very rich.
Of course fair opinion is not Libel or Slander. So, if I say that "In my opinion ABC is not as good an athlete as XYZ", that is not slander, it is an opinion.
Speaking/writing truth even if defamatory, is not slander/libel but the "offender" may have to prove it true , the recipient does not have to prove it untrue.
BUT you cannot hide behind "In my opinion",. So you can't say "In my opinion he is a thief and a liar with 27 failed marriages behind him". It must be fair opinion with some kind of basis for the opinion.
In your case you are unlikely to get compensation unless you ask and even then I think you have little chance. If you go to court, be prepared to empty your bank account. In you would have to prove that the suspicion behind the allegation was reasonable on the balance of probabilities. Being found not guilty on the basis that the case wasnt proved beyond all reasonable doubt isnt enough.
An action to sue the Police is also likely to fail on the basis that it is not in public interest and would "open floodgates" (that is the legal term and reason).
I am sorry that I cannot offer better news or the promise of £lots but I can only tell you how it is.
If this helps I will only get credit if you now accept my answer please. The question will not close and happy to answer further.
I can only advise you based on the facts you present.
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PGD Law. 20 years legal profession, 6 as partner in High Street practice
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