Breakaway Cable Attachment in Holland

13

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  • GTP
    GTP Club Member Posts: 536
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    edited August 2018 #62

    SimonWJ, Apologies for delay in replying…although the club must bear some responsibility in that the “follow this discussion” email with your post did not arrive until this morning (23/8)…but having said that, it is a timely reminder to post an update.
     
    With the help of the CaMC , I posted an appeal on the 29thMay and received a letter of receipt from the Public Proscutor’s Office (Parket CVOM) on 7 June. The letter stated :-
     
     “The appeal is in good order and the public prosecutor will consider the reasons underlying your appeal. The decision will be sent to you by mail”. “Parket CVOM will attempt to decide on the appeal within the statutory period of sixteen weeks. This period commences following the last day of the period allowed for lodging the appeal.  This decision period can be extended with ten weeks”.
     
    So….based on the receipt date of 7 June by the Parket CVOM, the sixteen week period falls within the week commencing 24 September. Hopefully, by then, I should receive a decision. Unless they decide to extend for a further ten weeks.
     
    I will post the decision as soon as I receive it, although if the written appeal fails, I am minded to attend the District Court in Utrecht personally for a final attempt…

  • Oneputt
    Oneputt Club Member Posts: 9,144 ✭✭✭
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    edited August 2018 #63

    GTP Thanks for th update 

  • SimonWJ
    SimonWJ Forum Participant Posts: 15
    edited August 2018 #64

    Many thanks for the update, GTP, and no apologies necessary. 

    Good luck with the appeal!

  • GTP
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    edited September 2018 #65

    Latest Update: 26th September. The Public Prosecutors Office have confirmed that I have to receive a letter stating the prosecutors decision no later than 10th October. Will post as and when received.  

  • GTP
    GTP Club Member Posts: 536
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    edited October 2018 #66

    As above...and still waiting !! But in the meantime I thought everyone might like site of a recent article in Practical Caravan where another caravan user has fallen foul of the legislation. Interestingly the 'expert' reply by PC's Nigel Hutson reiterates that the legislation only relates to Dutch registered vehicles...

    A bit peeved that i didn't think of writing to PC...looks like I missed out on a set on wing mirrors. !!

    See attachment for PC's article

  • GTP
    GTP Club Member Posts: 536
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    edited October 2018 #67

    Latest communication from the Openbaar Ministerie which extends the decision of the appeal from the Statutory sixteen weeks by a further ten weeks...If we use 10th October as a starting point, 10 weeks puts the latest decision date at 19 December....I will update when received.

     Unfortunately the maximum 400kb resolution allowed, makes the scanned doc unreadable when posted...

  • lornalou1
    lornalou1 Forum Participant Posts: 2,169
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    edited October 2018 #68

    why not cut the article out and send back to the Openbaar Ministerie and state that if pursued any further you will go to the european courts and prove that the dutch police don't know what they are talking about. fight fire with fire.  

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited October 2018 #69

    An article in a magazine hardly carries any weight in a court case. We must leave it to the lawyers to sort it all out on the basis of the actual wording of Dutch legislation, because that is all that counts.

  • Oneputt
    Oneputt Club Member Posts: 9,144 ✭✭✭
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    edited October 2018 #70

    True but I suppose you could argue mitigating circumstances, maybe.....

  • GTP
    GTP Club Member Posts: 536
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    edited October 2018 #71

    Lutz....At this stage I am not legally represented. I have submitted my own defence appeal, with the help of some correspondence offered by the Club. (see earlier posts) The Clubs lawyers only help with matters relating to UK law.

    This may change however, if the appeal goes against me. I have the option to take the appeal further by attending a higher court (in person) in Utrecht. At this point I have to deposit the fine (107€) with the Openbaar Ministerie and I would probably instruct a local lawyer.

    Hopefully, if the latter is the case, the court appearance will coincide with our Spring holiday in Delft which would help with travel costs..

    lornalou1...whilst I appreciate the sentiment...being a regular traveller to Holland, i really don't feel like being confrontational with the Dutch Police...

  • Lutz
    Lutz Forum Participant Posts: 1,564 ✭✭✭✭
    edited October 2018 #72

    The advice that the legal staff of the German ADAC give to its members who intend to tow in the Netherlands is that the Netherlands do not make an exception for foreign visitors.

  • AJB
    AJB Forum Participant Posts: 120
    edited November 2018 #73

    Hi GTP - any news from the Netherlands?

  • GTP
    GTP Club Member Posts: 536
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    edited November 2018 #74

    Hi AJB....As my previous post of 16/10, I am still waiting for the prosecutor's decision which has to be given by 19/10/2018...which is the end date of the 10 week extension to the original appeal.  Watch this space..!!

    What we have learned from this...is the conflicting advice given by Motoring organisations.. The Royal Dutch ANWB have confirmed to the CaMC that the legislation only applies to Dutch registered vehicles, whilst the German ADAC (see Lutz post 17/10) give a contrary advice. 

    The downside is ..The senior partner has withdheld the 104€ fine from my December 'allowance' on the basis that I was the driver and therefore responsible for the consequences frown

  • AJB
    AJB Forum Participant Posts: 120
    edited November 2018 #75

    Hi GTP - and thanks.

    I understand your senior partners attitude - we can't be trusted with such life changing sums of money!! My finance director has the same attitude....frown

    I look forward to the next instalment of this tale of woe.... 

  • Metheven
    Metheven Club Member Posts: 3,987 ✭✭✭
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    edited December 2018 #76

    Thanks 'GTP', an interesting thread.

    My car has a direct attachment hole and my cable a karabiner, so I clip it to the solid attachment of the towframe. Perhaps to cover all possibilities I may purchase an extra karabiner, but like you cannot see any advantage undecided 

    Will be interesting to hear your outcome, hope its in your favour.

  • birdseye
    birdseye Forum Participant Posts: 31
    edited December 2018 #77

    I don't know why you flock to Europe, try Devon and Cornwall we are much more civilised than foreigners

  • Unknown
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    edited December 2018 #79
    The user and all related content has been Deleted User
  • GTP
    GTP Club Member Posts: 536
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    edited December 2018 #80

    As TW says..off topic....but in answer, we always try and get at least 2 weeks a year in Cornwall. This year we managed a very enjoyable 10 days in Nth Devon and later an equally enjoyable 10 days in Cornwall....as we will again in 2019.

    TW....Thought the 'Towcars and Towing' was the correct discussion category.

  • huskydog
    huskydog Club Member Posts: 5,460 ✭✭✭✭✭
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    edited December 2018 #81

    they do so ,because they want to cool

  • eurortraveller
    eurortraveller Club Member Posts: 6,829 ✭✭✭
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    edited December 2018 #82

    Thanks for the compliment, Birdseye. You are always welcome down here. It's just that we don't have quite so many Van Goghs and Rembrandts on display and rather fewer fields full of tulips than they do in the spring.  I'm going to have to do as the man said and buy a karabiner thingy. But does the ironmonger in Liskeard stock them? 

  • Wherenext
    Wherenext Club Member Posts: 10,599 ✭✭✭
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    edited December 2018 #83

    Why is there never a Moderator around when you need one?

    This has been an interesting thread for those of us who drive through the Netherlands and quite frankly Birdseye don't need your provactive comments spoiling it.

  • Unknown
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    edited December 2018 #84
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  • moulesy
    moulesy Forum Participant Posts: 9,402 ✭✭✭✭✭
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    edited December 2018 #85

    I thought it was meant tongue in cheek. But I can understand why you might object to a poster taking a thread about touring in Europe and suggesting it's much better "over here". Why would anyone do that? undecided

  • Cornersteady
    Cornersteady Club Member Posts: 14,426 ✭✭✭
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    edited December 2018 #86

    yes, after all never happens the other way round does it?

  • Unknown
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    edited December 2018 #87
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  • huskydog
    huskydog Club Member Posts: 5,460 ✭✭✭✭✭
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    edited December 2018 #88

    Come back with some photos cool

  • Unknown
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    edited December 2018 #89
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  • Cornersteady
    Cornersteady Club Member Posts: 14,426 ✭✭✭
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    edited December 2018 #90

    not really sure what you're saying there Davo and why to me? Got the wrong person - I was replying to M who was relying to you?

  • GTP
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    edited December 2018 #91

    A few Majito's will sort him out..tongue-out...

    With apologies to TW for going 'off topic'...