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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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.  

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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.
      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
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Cameron's 'Greenest Goverment Ever' undermined by Osborne as Windfarm subsidies are threatened.


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Plans for dramatic cuts in government subsidies for onshore windfarms are being drawn up by the Treasury in a move that seriously undermines David Cameron's claim to be running "the greenest government ever".

 

The Observer has learned that George Osborne is demanding cuts of 25% in subsidies, a reduction the industry says would "kill dead" the development of wind power sites. The Treasury's stance has put the chancellor at loggerheads with the Liberal Democrat energy secretary Ed Davey, whose party strongly supports more renewable energy.

 

Osborne, whose reputation has taken a dive following his widely criticised budget and a subsequent string of U-turns, has been under heavy pressure from Tory MPs to reduce the billions spent on green commitments.

 

In February more than 100 Conservative backbenchers wrote to the prime minister demanding cuts to the £400m a year public subsidies for windfarms which they see as evidence of too much Lib Dem influence over coalition policy. A prominent opponent of onshore wind power is the Duke of Edinburgh, who is said to have described turbines as useless and to believe they will never work.

 

Tim Yeo, Tory chairman of the all-party energy and climate change select committee, said the Treasury and the Department of Energy and Climate Change (Decc), which is headed by Davey, were following different agendas. "This is an example of where Decc's attempts to stimulate renewable energy are being hampered by Treasury intervention," he said. "The way to deal with this – and realise the savings the Treasury wants to achieve – is to have more onshore renewable energy, which requires lower levels of subsidy, and less offshore, which requires more. We need to change the balance."

 

Critics accuse the chancellor of pandering to Conservative backbenchers who do not want turbines built in their constituencies, believing they will damage their prospects of re-election. They argue the cuts make no economic sense, because alternatives, such as siting the turbines in the sea, would be much more expensive. "This is a reckless act of political opportunism by a chancellor keen to boost his popularity among his backbench MPs," said Juliet Davenport, chief executive of renewable electricity supplier Good Energy.

 

However, Chris Heaton-Harris, a Tory MP who led the backbench campaign for cuts, said he was greatly encouraged. "I want to see a dramatic cut," he said, arguing that onshore wind power was expensive compared with gas and that it would drive up fuel poverty.

 

However, proponents of wind power point to rocketing gas prices and the air pollution and climate change benefits of renewable energy technologies, of which onshore wind is the cheapest.

 

"It is crackers to kill dead the deployment of the cheapest renewable technology if you genuinely are worried about the cost," said Gordon Edge, policy director at industry group RenewableUK. A source at one of Britain's big six energy companies said: "It's perverse – you get less renewable energy bang for your buck. It only makes sense if you don't like windfarms in your constituency."

 

After becoming party leader in 2005, Cameron adopted the slogan "vote blue, go green" as he made the environment the centrepiece of his drive to modernise the Conservatives. Shortly after entering a coalition with the Lib Dems he promised to lead the "greenest government ever", adding that "nowhere are long-term decisions more needed than actually in the fields of energy and climate change and environment".

 

But Osborne has made clear that he does not believe the green agenda can remain a priority when cash is short and the deficit needs to be reduced. With his own political fortunes on the slide, Tory MPs believe he can be persuaded to back their anti-green campaigns. This year the government angered green campaigners by announcing plans to slash subsidies for solar energy, a move the industry roundly condemned.

 

There are more than 3,000 wind turbines in the UK countryside and the debate has become more polarised in the past two years, with a tripling of local opposition. However, a large majority of the public remains in favour of wind power, even if it is placed within a few miles of their home.

The Treasury declined to comment, but a spokesman for the Department of Energy and Climate Change, which runs the subsidy scheme, said: "It is vital that our support for renewable electricity both encourages investment and represents value for money for consumers. The government will publish the new support levels shortly."

 

According to sources, the decision has been delayed by the Treasury "crawling all over" the new rates put forward by Davey.

Decc's initial proposal in October, delayed by wrangling, was for a 10% cut in the support for onshore wind under a scheme called the "renewables obligation". But the Observer was told the Treasury has demanded a 25% cut.

 

"The delay means the whole of the UK's renewables investment portfolio is being jeopardised by Osborne's pandering to Tory backbenchers," said a source. "It is total prioritisation of politics over the economic interests of the country."

 

Davenport said: "The 10% proposal was the product of independently commissioned analysis by Decc. If the Treasury swoops in at the last minute and shortcuts that process, the credibility of the government's renewables policy will be in tatters, along with the prime minister's claim to be the greenest government ever. Of course, some might argue that is precisely what the chancellor wants to achieve."

The setting of subsidy levels is a negotiation between industry and government, according to Michael Liebrich, chief executive of analysts Bloomberg New Energy Finance, who made an influential presentation to David Cameron and the world's leading energy ministers in May.

"If you cut too fast, you damage the industry and the supply chain, but if you go too slow, you create subsidy junkies," he said.

 

Liebrich's presentation showed the global average cost of onshore wind was falling, but he said using that to justify cuts in the UK was wrong: "Just because the best windfarms in the world are competitive [with gas] does not mean the average ones are yet." He added that large scales, fast planning and good grid connections made US windfarms much cheaper than those in the UK.

There are 320 onshore windfarms in UK, a third of them in England. Many more are awaiting construction or planning permission.

 

With thanks to the Guardian.

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Cutting emissions by saving people from having work to travel to.

 

Cutting the use of machinery - as workfare can get unemployed people to do it with a far lower carbon footprint.

 

Upping fuel tax - so those who can still can afford cars travel less.

 

Reducing pollution from air traffic - by increasing the taxes, and letting unemployment and those on reduced hours make foreign holidays too expensive.

 

Saving emissions from heating houses, by ensuring sufficient sanctions of the unemployed resulting in they can't afford heating.

 

Anyone want to add any?

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