crem
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Everything posted by crem
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Counter Sue over Motor 'accident'
crem replied to DarrenGallacher's topic in General Motoring Issues
Yes, I agree with others that this is one for your insurance company to deal with. Morally, I am sure you would want them to defend the claim, and they may, on the other hand they always tend to look at the financials first and if it is cheaper to settle they often do whether we like it or not. From a sensible point of view, you could say you made a small error turning into the station past their "no entry" sign (but remember this sign is on private land and you haven't actually contravened a road traffic sign). You took remedial action and stopped your car. the driver coming towards you saw the problem and took remedial action also and stopped his car. the 3rd car failed to respond to a hazard and struck car #2. Why car #2 had to stop is fairly irrelevant to car #3 at this time. It did, so they should have also stopped safely! What if #2 had stopped because a pedestrian stepped in front of them? Would #3 have tried to sue the pedestrian for making car #2 stop suddenly? I doubt it. I believe the entire fault should lie with car #3 as they caused the actual impact, all others took appropriate action given the progression of events. But let the insurers sort it. -
I don't think there is any mileage in a debate about does an action constitute a "U Turn" if a reverse gear is used during the action thereby changing it from a"u turn" to being a "3 point turn" or "reverse around a corner", and as a consequence absolving the driver of the contravention of the road sign. The real debate I think on this particular action is whether the fact the car left the roadway, entered private property, and after a limited period of time, re-entered the public highway and proceeded in another direction, does this meet the definition of contravening a road sign showing "no u turn". G&M is confirming this has been reviewed and apparently upheld as a contravention. Personally I am not sure I agree with this, but hey-ho, the legal b eagles have decided the opposite. Ignoring the moral aspect of these drivers entering private property to carry out this action, it begs the question of what do the residents of these flats do to avoid PCNs? Do they have to remember which way they came down the road back to their flat and make sure when they leave they continue in the same direction? or do they continually have to appeal PCNs if they forget and go up the road the other way?
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I doubt there is any challenge going to be successful on "unclear or inadequate signage" Looking at the road itself, as a driver I would have been quite surprised to NOT find a change of limit around that area. The area seems to change quite dramatically to being residential and commercial and, therefore, a 30 limit would have been the "norm". If they were keeping it as a 40 I would have been making a point of looking for the repeater/reminder signs and similar confirmation telltail signs.
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Stansted Airport Pick Up & Drop Off NOT FREE!!!
crem replied to panchis's topic in Private Land Parking Enforcement
Surely the tow truck is illegal now since the freedoms bill came into law? -
UKPC Ticket outside B&Q Liverpool
crem replied to Nightstar's topic in Private Land Parking Enforcement
... unless you also made a very calculated judgement that at 7pm at night there were only a handful of customers in the store (with even fewer expected before closing time), and there were a further 5 disabled bays available for use should by any stange chance a flood of disabled drivers suddenly arrive at the store in the next few minutes. -
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If the car was "written off", then a valuation of the write-off would have been calculated/offered. Did you accept this offer and receive a cheque to that amount? If so, when you accepted the offer the car changed ownership. This would have been to whoever paid you. i.e. the insurance company or teh council directly. It was no longer your car, so if it was sold there was no need to ask your permission or even tell you it had happened. You should have been asked to complete the V5 though and give the main part to the new owner (insurance co,) and send the yellow section to the DVLA to remove yo as the RK
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haha! touche G&M. guess we were typing that at the same time.
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Probably the same reason thousands of motorists get caught speeding or on mobile phones every day.. half of them aren't paying attention to road signs etc and the other half think the law only applies to other people and not to them! If you really think that sign means "don't turn your car around in this road using one complete forward movement, but it's ok if you have to put it in reverse and do a 3-point turn (which is probably 10 times more dangerous).." well, go for a judicial review on it.
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Where exactly is this sign on Gliddon Rd? Typically this sign is used on dual carridgeways perhaps with a break in the central reserve, and they don't want drivers nipping into the gap and back up the other side of the dual. Or maybe a similar road with a traffic light junction, drivers commence a "right hand turn" manouevre, but instead of going into the new road to the right, add in the extra 90degrees and go back up the original road! In many cases, such a manouevre can be dangerous, hence the prohibition sign. Gliddon Rd doesn't appear to be the type of road I would have expected to see this sign on but perhaps I'm not looking at teh correct section.
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I think you will find that most motorists would take that sign to mean exactly what the council describe. i.e. it means "do not turn the car around in this road to face the opposite direction in this area" If all you have to do to negate the sign's instruction is put the car in reverse gear for a couple of feet (whether you physically needed to or not to complete the turn) then all "no U turn" signs could be ignored throughout the country.. I think, if this is the basis of your friend pursuing a high court review, you will shortly be friends with a homeless person!
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No need to answer that last question of course, just use it as food for thought as I will be leaving thread now
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If he is a trader then his "sold as seen" claim is irrelevant. Car must be fit for purpose otherwise SOGA will apply. If he is a trader pretending to be a private seller then I doubt he wants trading standards looking into this case. He could have far more to deal with than just one simple car refund!! If he has ignored your letter so far, you now need to send a lba giving him a further 7 days (or 14 if you feel generous) to resolve or you will be issuing a claim through small claims court. (which you must do of course to be true to your word) If the car is still on the public road you must keep it taxed and insured. If you let the tax run out you must remove it onto private land and declare SORN. At this point it doesn't need insurance either. But you mustn't let even the tail pipe touch a public road or the DVLA will bring the whole of mount vesuvius down on your head!
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This section seems to be the most relevant to the OPs description of the circumstances. We still haven't been told which road this all applies to so that we may view it for reference.
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Best to ask the housing association how long they keep tapes. But I would think they'd want you to be a bit more specific on timeframe too. 4 cameras, 24hours a day, over the christmas period,,,, that'll take a lot of viewing!!
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nice to see the level of confidence you attach to CAG help threads!!
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there are many many threads here on CAG that go over this time and time again about the LAW requires you to sned the notification, but the acknowledgement from the DVLA is really only a courtesy (albeit it is good to know they have updated their records). There is no LAW, and therefore no offence for failure, to require a driver to pursue any non receipt of this courtesy DVLA letter.
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It is disappointing that a CAG site team appears to be so firmly upholding some DVLA B*S* waffle without investigating the legalities of their made up rubbish in more detail.
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There is no such law requiring you to contact them if you don't receive a confirmation letter after 4 weeks. The law requires that you notify them at the time of the transfer, the confirmation letter is purely a courtesy and not applocable in law (although the DVLA would like you to think it is the law!)
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How could I find unpaid PCN charges against me
crem replied to ude's topic in Local Authority Parking and Traffic Offences
Why do you think there may be some due? If there are, and you are reasonably confident you know where they would have taken place (eg you think they would be for your local town centre) then you can speak to the council covering the high street and ask what's outstanding on your reg. -
True, but I don't think that is what the OP is implying is the case here. In your example, effectively there is no longer a "change of limit" from 30 in the first place, which, presumably was already correctly signed on all entry points. The OP is saying he was travelling on a road that had a legal limit of 40 signed. Then, at some unspecified point, the same road became a 30 limit with no advise to the motorist of this change. It might be helpful if the OP could post a streetview link or tell us exactly where this is so we can have a look for reference.
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... not to mention the "fines and charges" they intend to levy!!
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IMO it would be an acceptable defence that the change from 40 to 30 should have been clearly shown by a 30 sign on both sides of the road as you enter the new restriction. Equally while travelling on the same road in the opposite direction a change from 30 to 40 would need to be shown in the same manner. Typically these 2 signs would have been placed back-to-back on the same pole. Have you looked at the road from both directions and both sides at the area alleged to activate this change of speed? Whilst the types of comment above may be broadly true regarding street lighting etc etc, it is clearly unrealistic for a moving driver to know, or measure, the distances between light post etc A change of limit, particularly if a driver is travelling on the same road, must be clearly shown for the driver to act on it. The only exception that comes immediately to mind is where you are travelling on a NSL road which changes from dual carriageway to single and such a change is already specified in the highway code that (for a car) the dual limit is 70 and single carrige is 60 and drivers are expected to be aware of this and adjust their speed with no road sign required.
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BBC1 Tonight 22:35hrs
crem replied to ploddertom's topic in Local Authority Parking and Traffic Offences
I was particularly maddened by the case they showed going to PATAS where the motorist simply presented one photograph clearly showing that the road sign he allegedly contravened was not visible at the time. The adjudicator asked the council bod for a comment who straight away agreed the sign wasn't there and the case was won! Why the hell did this get to PATAS? Presumably the motorist had already done an informal then formal challenge based on lack of signage. The council could have, and should have accepted the appeal and not made the motorist go all the way to PATAS with loss of earnings and research etc which he cannot be paid for, to win a simple case.
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