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    • Hi All. I was driving in Stevenage down a 40 road.  After coming off the motor way i noticed my car felt a little "weird" so i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intollerant on date night, so we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i havent recieved anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. SHould i query the ticket as i dont want to miss any deadlines (if so who do i check with?) OR should i keep queit. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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
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What are my rights in this situation? Faulty Workmanship


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I recently had a new floor put down in my flat (May '06) and it has subsequently developed a fault, see image below. The floor has started to rise along one section stopping me from closing the door.

image042do8.jpg

 

I phoned the company that fitted the floor and have been in email contact since. The last email asked that I get a joiner round to quote for fixing the floor because "to travel up from yorkshire would be very bad commerce". I live in Glasgow so approx. a 4 hour trip for him.

 

What are my rights regarding repair etc?

 

Thanks in advance.

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You're entitled to be satisfied, so do as they suggest - a local joiner may fix this for a small amount, and if your contractor pays this, there's no problem. Try to get a joiner that comes recommended. By the way, apart from the imperfection the floor looks lovely!

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I can see from the photo that its a laminate floor and the reason its risen is because when it was laid, it was probably laid right up to the edge of the room at all sides. This type of flooring should have a gap for expansion round the edge, as it will expand and shrink depending on the temperature and weather conditions etc. Ideally it should have had a beading layed over the edge to hide the small gap around it or appropriate skirting board with edging, so I would check and explain to the fitters that, that appears to be the reason for the problem. Either way, if it can be relaid on the outer boards as its probably clipped together, board by board and the expense will be covered by the origional company, than apart from the inconvenience...the problem will be solved.

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It's an 18mm solid oak floor, not laminate. As it's real wood it can suffer expansion problems from moisture. Essentially it's the same kinda problem. Not enough space to expand. So original company will have to pay/supply the material and the cost of a joiner to fix it?

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Having a second look again at the photo, I can see that the boards have been staggered the wrong way, which wont support the individual boards properly either. You generally lay full boards, but stagger at the beginning and maybe the end of the room, if they run out, or at least the first board on a new run, so to speak. It appears theyve cut short boards in the middle of the room which doesnt help either.

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Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

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  • 4 years later...
Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

 

------

 

It is probably a good idea to use a local contractor but the Regulation (EC) No 44/2001 does give a consumer the right to choose the jurisdiction, in case of emergency:

 

1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
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