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    • 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 02/01/2023 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 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, 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.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.
      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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I would agree with the previous post about the Traffic Lights except the Police Officer, the OP would be unaware of the exact timing sequence for those specific Traffic Lights (could the timing sequence have been changed?).

 

Not all Traffic Light are set to the exact same timing sequence and as an example in my area due to numerous different roadwork for past 2 years the Traffic Lights in my area the timing sequence at numerous Traffic Lights is completely different at each set every single day. (basically blink and you ain't getting through)

 

As for can a Green on Green light happen, YES IT CAN if those Traffic Lights timing sequence has been set wrong happened where I live at a T Junction going onto a dual carriageway caused mayhem luckily no accidents but it does happen.

 

What I would be asking either the Local councils highway dept or who deals with those Traffic Lights is for the exact timing sequence of those lights on the date of this incident.

 

Something to consider.

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What I would be asking either the Local councils highway dept or who deals with those Traffic Lights is for the exact timing sequence of those lights on the date of this incident.

 

That would be an avenue for the OP to explore if he intends taking the matter to court. I would think it extremely unlikely that no "all red" phase was evident but stranger things have happened. The problem the OP has is that by the time he has secured the information if, as is more likely than not, it does not provide him with a viable defence, the opportunity for a course or Fixed Penalty will be gone. Without any such defence and in the absence of a complete cods up by the prosecutor, I would assess his chances of acquittal to be very slim.

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the link is google maps , i would be the red car and the police car would be in the position of the white car to the top left position , as you go through the lights using the link the police car would be the red car on the junction , as you can see the cross from my light to the other side is quite a distance so his could well possibly be green by the time i get around

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Then I believe you will have to convince the court that although you crossed the light on green (or possibly amber) you had not made the turn before the lights turned green for the officer's car. Time to contact the Highways Agency for the traffic light sequence timings as suggested, I think.

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I will point out that when councils/highways provide timings they tend to send them in the microcode format

 

I have several and some of them are up to 24 pages..

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Looking at the Google Streetview from several angles and positions along all three roads, the following points cross my mind to be considered -

 

- from where the police car was (presumably at the front of one of its 3 lanes at its white line), the OP's white line cannot even be seen in the photos, despite Google cameras operating from vehicle roofs giving a higher viewpoint than someone sitting in a car, as borne out by other camera positions e.g. almost level with the upright 40 sign leaving Broadway

 

- the OP's white line is between 2 and 3 car lengths before the beginning of the junction itself where his road meets the edge of the nearside lane of the nearside carriageway of the other road.

 

- the OP would have passed both sets of traffic lights controlling his direction before even reaching the nearside lane of the nearside carriageway where there were no road markings nor repeater traffic lights controlling him. Similarly there is nothing either on the centre of the dual carriageway or on the far side. This may suggest the actual junction from his direction are not controlled by the OP's traffic lights.

 

- the OP's white line is followed by markings for pedestrians. After those there are no further markings other than those clarifying the two lanes.

 

- in view of the above three points, AND in view of the fence and pavement surfacing arrangements on the OP's immediate nearside and 'his' central reservation, it could be interpreted by a driver that the OP's lights are to control vehicle for pedestrians, and not to control the otherwise unmarked junction further ahead, after both his sets of traffic lights.

 

- the speed limit in the OP's direction changed from 30mph to 40mph very shortly before the road lane markings for his traffic lights. So his speed should have been quite slow and taken him some time from crossing the white line to emerging further ahead into the first carriageway - and longer still to reach the second carriageway in front of the police car.

 

- if the Officer said his lights were green, how long for and was he moving or preparing to move following a change to green when he claims he saw the OP cross his own white line?

 

The light timings including their 'dwell' and synchronisation could be highly important. Traffic Orders and specifications should also be obtained, studied and compared with what is there.

 

An interesting case, albeit highly unfortunate and frustrating for the OP.

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Really? Perhaps you could provide us with some examples where a motorist has contested a matter and been convicted without any evidence. Or, for that matter, where one has pleaded guilty without being served the evidence the prosecution intends to rely on.

 

I can. A friend of mine was found guilty even though the sole witness said he was driving a blue car when in fact he was driving a bright red car.

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I can. A friend of mine was found guilty even though the sole witness said he was driving a blue car when in fact he was driving a bright red car.

 

And did the colour of the car (or the possibility that the witness may have been colour blind) have any bearing on what the witness saw? The contention was that motorists are convicted with no evidence whatsoever. The witness who gave testimony against your friend provided evidence and it was obviously considered sufficient to prove the allegation. If a witness sees a car plough into a pedestrian on a zebra crossing it's quite a stretch to suggest that because he was mistaken about the colour of the car that he must have been mistaken about everything else and so cannot be relied upon.

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You will probably be offered either a course or a Fixed Penalty (£100 and three points). Take it to court and the cost of failure is high - an income related fine of at least half a week's income, a surcharge of 10% of the fine (Minimum £30) and prosecution costs which will be at least £350 and may reach £600 depending how much work is needed to prepare the case for court. You takes your choice and pays your money.

 

Plus victim surcharge fee.

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Plus victim surcharge fee
.

...an income related fine of at least half a week's income, a surcharge of 10% of the fine (Minimum £30) and prosecution costs ...

 

The legislation enabling the surcharge to be imposed does not actually mention that it is a "Victim Surcharge". It is simply known as a "surcharge". Much of the money raised does indeed go to organisations which support victims and most courts find it more palatable to use the term "Victim Surcharge".

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