Jump to content


  • Tweets

  • Posts

    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • 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
      • 161 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

Box junction fine newham barking road- wellington road please help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2147 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 everyone,

I just joined this site after a friend recommended it.

Can you help me please?

 

I got a fine from Newham Council for stopping on box junction.

 

I believe you can stop if the lanes in front are clear,

 

as you can see from link below the left one is clear

so therefore would I be successful if I appeal?

 

I don’t want to appeal if I will fail and then have to pay the full 150 and not discounted 65 if I pay within 2 weeks.

 

.I would appreciate your advice.

 

Thank you, rai

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

PDF please as the guide asks then we can zoom

have you looked at the video too?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

You need to see the video, to see exactly how long you were actually stationary. The stills are taken 8 seconds apart during which time you had crossed the box.

 

as you can see from link below the left one is clear

No, it was blocked by the car turning left into Barking Road

Link to post
Share on other sites

I believe you can stop if the lanes in front are clear

 

If you plan to use that as a point of appeal, you will lose!

 

The Highway Code rule 174 states: "You must not enter the box until your exit road or lane is clear." The only exception is if you want to turn right.

 

Your lane was not clear and you were not turning right. So as an appeal point, that would be a non starter.

 

To be honest, having looked at the picture, I'd be tempted to pay up at the discounted rate while you've got the chance.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

I note that the car pulling onto your road from the left appears to pass between the kerb and the box

so this junction will need approval as it is a non standard design.

 

Ask for sight of the authorisation for the marking out,

you may be lucky and the council/TfL dont have it.

 

Hurry though,

if they do you may get timed out for the discount period

 

phone them and ask and request it is put on hold until you have seen the secretary of state approval.

Link to post
Share on other sites

EB may have something there. As the box doesn't conform to diagram 1044 in the TRSGD 2016 (as amended) and 1043 isn't applicable as the box is only on a single carriageway, you may be able to challenge them on these grounds.

 

However, EB has phrased it slightly incorrectly. It is not the junction that needs approval, but the road markings. And that approval (for variation) is only given by the DfT, so neither the council or TfL can unilaterally decide 'ahh, that'll do'.

 

Got to be worth a shot at least.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

I'd find it hard to believe that the side road is over 30 metres wide :shock:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

  • 6 months later...

My question is this:

1. I entered the same yellow box.

2. Exit was blocked by a line of 4 or 5 cars waiting to turn right at Streatfield Ave.

3. I too was turning right at Streatfield Ave.

4. I had my right indicator on (which you cannot tell from the images, but was true nonetheless).

 

I have received a PCN.

 

My understanding was that you COULD stop in a YBJ IF you were turning right and were blocked by cars in the opposite lanes OR cars ALSO waiting to turn right (like you).

 

Is this true for the Barking Road - Wellington Road junction? (given that the right turn onto Streatfield Ave is about 4 car lengths outside the yellow box). Does the right turn have to be one that you make within the tiny yellow box Newham council have painted there?

Link to post
Share on other sites

My understanding was that you COULD stop in a YBJ IF you were turning right

Yes, butonly if you are turning right out of the YBJ, not at the next road junction further up the road

 

 

 

Does the right turn have to be one that you make within the tiny yellow box Newham council have painted there?

Yes

Link to post
Share on other sites

Thanks

 

I can see why large numbers of people complain about this one YBJ. I couldn't believe when I googled it... I have a browser window open atm with over 30 tabs to different forums and websites all talking about this one intersection. Seems that the council are using it as a possibly unfair way to raise revenue, rather than for any safety or traffic flow feature - made all the more 'entrapping' by the fact that there are right turns just before (latimer) and just after (streatfield) the junction box.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...