Jump to content


  • Tweets

  • Posts

    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Just passed mobile camera van - have I been caught?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5728 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

I've just gone past a mobile camera van on my local road, and think I might have been doing about 40 in a 30....just a couple of questions:

 

- The back of the van(where the camera was) was point in the same direction as my travel, but on the opposite side of the road. I.E. it was pointing towards oncoming traffic on the same side of the road, which was the opposite side of the road to that on which I was travelling. Any idea if this means my car was being "monitored" or not?

- Is there anything regarding markings/alerts of a van legally? They had tucked in behind some trees so it was impossible to see until you had gone past.

- Presumably 40 in a 30 would usually be 3 points and £60 fine?

 

Thanks in advance - panicking somewhat as never ever been done for speeding or any other motoring thing before!!!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Hi all,

 

The back of the van(where the camera was) was point in the same direction as my travel, but on the opposite side of the road. I.E. it was pointing towards oncoming traffic on the same side of the road, which was the opposite side of the road to that on which I was travelling. Any idea if this means my car was being "monitored" or not?

 

If the van was on the oposite side of the road with the camera facing your oncoming traffic, then that is who it was checking.

 

 

The cameras record the speed of the APPROACHING vehicles, otherwise they would be trying to prosecute you for travelling at MINUS 40 miles per hour presumably (as you were travelling away from them when the camera was pointed at you).

 

ps

Stop travelling at 40 miles an hour on a 30mph road in future please!! :)

Link to post
Share on other sites

If the van was on the oposite side of the road with the camera facing your oncoming traffic, then that is who it was checking.

 

 

The cameras record the speed of the APPROACHING vehicles, otherwise they would be trying to prosecute you for travelling at MINUS 40 miles per hour presumably (as you were travelling away from them when the camera was pointed at you).

 

ps

Stop travelling at 40 miles an hour on a 30mph road in future please!! :)

 

Not true I'm afraid GATSO cameras get you as you go past photographing the rear of the vehicle.

Speed Cameras - Gatso, Truvelo, SPECS cameras, Peek, Speedcurb, Watchman, Traffic Light, DS2, Mobile speed traps

Link to post
Share on other sites

ps

Stop travelling at 40 miles an hour on a 30mph road in future please!! :)

 

I know :) lol

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Not true I'm afraid GATSO cameras get you as you go past photographing the rear of the vehicle.

Speed Cameras - Gatso, Truvelo, SPECS cameras, Peek, Speedcurb, Watchman, Traffic Light, DS2, Mobile speed traps

 

He wasn't asking about GATSO.

 

The speed camera vans use a fixed camera position and are therefore presumably set up in the best vantage point to clearly observe as many cars passing as possible with the camera being able to record the number plate of offenders.

 

Setting up on the oposite side of the road and pointing the camera a vehicles travelling away from them on the other lane would at the very least be foolhardy as many of the speeders observed would not be able to be prosecuted because their plate was obscured by a vehicle travelling towards the camera van! Also the angle at which the laser would have to be aimed most likely would result in the camera not receiving a "ping" back because it would bounce off the car at an angle into the ether.

Link to post
Share on other sites

Cheers crem - certainly seems a good point, where the van was located any cars travelling the other way would block the path of any video/signal pointing at my car....

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

as ever G&M you always wish to take the discussion away from common sense and digress into theoretical what ifs and maybes when I believe you know full well how the camera vans typically operate, and it isn't by placing vans on the wrong side of the road and chancing to luck that they will be able to observe and record vehicles across carrigeways.

Link to post
Share on other sites

as ever G&M you always wish to take the discussion away from common sense and digress into theoretical what ifs and maybes when I believe you know full well how the camera vans typically operate, and it isn't by placing vans on the wrong side of the road and chancing to luck that they will be able to observe and record vehicles across carrigeways.

 

I was simply correcting your claim that

 

"The cameras record the speed of the APPROACHING vehicles, otherwise they would be trying to prosecute you for travelling at MINUS 40 miles per hour presumably (as you were travelling away from them when the camera was pointed at you)."

 

this is not the case.

 

Admittedly being on the other side of the road would tend to indicate the camera was filming the other direction but that is different to claiming cameras ONLY film oncoming traffic.

Link to post
Share on other sites

Is there anything regarding markings/alerts of a van legally? They had tucked in behind some trees so it was impossible to see until you had gone past.

 

I understand that last year, when the rules changed about allowing variable points for speeding, that they also allowed covert surveillance. Thus North Wales Constabulary now have a horse box that has no markings at all - but internally is fully equipped with speed detection devices.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

Link to post
Share on other sites

Please play nicely!

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

can I have that in writing please Green :) (although I'm sure I will still have to read through your many "corrections" of everyone else on the forums unfortunately)

 

However, sticking to the MrShed's original question, it would seem at least there is an agreement that it is very very unlikely that this camera van was set up to observe vehicles travelling in his lane and he would be a most unlucky driver if this was the case. I am sure he will keep posted if something changes in this regard.

Edited by crem
Link to post
Share on other sites

Thanks for the advice all guys :) Esio crem and G+M.

 

Guess it looks as if I would be unlucky, but will of course let you know if/when I get my NIP through :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

ps

Stop travelling at 40 miles an hour on a 30mph road in future please!!

 

Meh.

 

I'm always doing 40 on 30mph stretches where the roads are straight and clear, with good visibility.

Link to post
Share on other sites

Meh.

 

I'm always doing 40 on 30mph stretches where the roads are straight and clear, with good visibility.

 

40 on a 30 would give you an automatic failure on an L test Al27, so lets hope you are never ordered to retake yours or you could be without your licence for a long time. ;)

Link to post
Share on other sites

Meh.

 

I'm always doing 40 on 30mph stretches where the roads are straight and clear, with good visibility.

 

Just so long as you recognise that it makes you a habitual criminal!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

Hi Guys,

very interesting reading, I would like to add my tuppence worth to this debate. If I am understanding this correctly you would not have been able to see the reflective strips on the back of the van. As all mobile camera vans are required to be liveried in a way that makes them identifiable if you did receive speeding ticket it would not be enforceable.

There we go, my contribution to this pedants debate.

And if it makes you feel better, I have recently recieved a speeding ticket for doing 83 mph in a 70 zone. If that makes me a criminal then so be it. The police force certainly make you feel like one, I was in a company van so when they sent out the prosecution notice they insisit that your boss has to fill it in and now I have to lose a days pay attending a "Speed Awareness Scheme" where I am sure they will place special emphasis on what a naughty boy I am.

My feeling is that everyone is guilty of speeding at some time or other and, like most things, it's only wrong if you get caught!!

Link to post
Share on other sites

and now I have to lose a days pay attending a "Speed Awareness Scheme" where I am sure they will place special emphasis on what a naughty boy I am.

 

One of my pupil's dad was caught on a mobile camera travelling at 32mph in a 30 zone. He too was offered the option of a "speed awareness course" to avoid the points on his license.

 

How they are going to present the course for him to understand how suicidal and dangerous his reckless speeding was on this occasion, I am not sure. :rolleyes:

Link to post
Share on other sites

One of my pupil's dad was caught on a mobile camera travelling at 32mph in a 30 zone. He too was offered the option of a "speed awareness course" to avoid the points on his license.

 

How they are going to present the course for him to understand how suicidal and dangerous his reckless speeding was on this occasion, I am not sure. :rolleyes:

 

I find that surprising since the ACPO guidelines state that in normal circumstances there should be no prosecution in a 30 zone unless at 35 or above. http://www.acpo.police.uk/asp/policies/Data/speed_enforcement_guidelines_web_v7_foi.doc

Link to post
Share on other sites

I find that surprising since the ACPO guidelines state that in normal circumstances there should be no prosecution in a 30 zone unless at 35 or above. http://www.acpo.police.uk/asp/policies/Data/speed_enforcement_guidelines_web_v7_foi.doc

 

 

I agree G&M although I have heard of a number of such penalties being issued recently by the over-zealous camera van operative in our area.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...